YALE UNIVERSITY
LIBRARY

PERSONAL RECOLLECTIONS

JOHN M. PALMER

THE STORY OF AN EARNEST LIFE

/x^^7^-v^i

PERSONAL
RECOLLECTIONS OF
JOHN M. PALMER

THE STORY OF
AN EARNEST LIFE

CINCINNATI
THE ROBERT CLARKE COMPANY
1 901

Copyrighted, igoit by
MRS. JOHN M. PALMER

PRESS OK THE ROBERT CLARKE CO.
CINCINNATI, u.

DEDICATION.

I have borne a part in some of the most important political
events which have transpired in this state and the nation dur
ing the last half century; my own share in them was small,
but that small share is dignified by its connection with the
great actors who were the human agencies that gave to them
historical importance.
When I commenced the preparation of this ' ' Story of an
Earnest Life," I intended to dedicate it to my friend, Lyman
Trumbull, then living.
We met first in December, 1839. He was at that time a
lawyer, and lived in Belleville; I was a law student, and came
from Carlinville to Springfield, where the Supreme Court was
in session, to obtain admission to the bar.
After that time, Mr. Trumbull and I became intimate
friends, and agreed upon all questions of principle and policy,
until the close of his life, with the exceptions which I shall
probably hereafter mention.
Mr. Trumbull died at his home, in Chicago, on the twenty-
fifth of June, 1896. He was a profound lawyer, sincere in his
friendships, a kind husband, an affectionate father, and an
earnest, patriotic citizen.
Now, that he, like Douglas and Lincoln, Bissell and
Koerner, and a long catalogue of others, once my friends and
political associates, has passed away (and but few survive), I
can only dedicate what I have written to the ' ' People of the
State of Illinois, and especially to the Young Men," who may
feel some interest in the struggles of one who earnestly sought,
in his private and public relations, to be useful in his "day and
generation." J- M. P.
M

IN MEMORIAM.

If all the men and women
He helped when sore distressed;
If all the little children
He loved and kissed and blessed;
If all the slaves he helped to free,
The battles fought and won,
The civic wrongs he righted,
The duties he has done;
If all the poor, frail mortals
Whose tears he wiped away,
Could come from earth and heaven
And be with us to-day,
Ah, what a choir invisible
Of blessings, thanks and tears
Would thrill the hearts that mourn for him
With his crown of earnest years!
— ELIZABETH PALMER MATTHEWS.
(vi>

PREFACE.
THE earthly portion of "An Earnest Life" was
closed on the twenty-fifth day of September, 1900.
Early, while the rising sun proclaimed the coming of a
glorious Indian summer day, the summons came, and
with tender thought for one so dear, the Master gave to
"His beloved sleep" from which he awoke "in His
presence." Many times during the years spent together, we talked
of the going hence, and while with reverent submission
to whatever manner the call might come, he had ex
pressed the hope that it would find him with every fac
ulty bright from use and "with the harness on," ready,
like the ancient trapper, of whom he loved to read, to
answer "Here !"
God granted his wish, and in peaceful slumber ho
passed away.
We, whose privilege it was to be with him in the
beautiful simplicity of his home life, beheld his character
from a point of view different from that of the world,
who saw only the wisdom of the lawyer, the bravery of
the soldier, or the dignity of the statesman. Gentle to
the last degree, he had a deep interest in the weak and
oppressed. Humanity in every phase appealed to him. Strong,
self-reliant and buoyant with the vigor of robust health,
he was always ready to shield those less fortunate ; his
most tender" care was for the weak one, be it an afflicted
child or a stray lamb of the flock.
The bearer of many burdens, as every great nature
must be, he had the faculty of catching the stray sun
beams which glinted in the darkness, and possessing a
keen sense of humor, which enabled him to enjoy a joke,
even at his own expense, he was to all a genial companion.
Being an ardent lover of nature, each changing season
(vii)

viii Preface.
won from him a tribute. It was his custom to bring
to our notice the first swelling bud of spring-time ; to
pluck from snow and icy sleet the "Last Rose of Sum
mer," and a something in his nature responded to the
grandeur of a thunder storm.
Music was his delight, especially songs of the planta
tion, weird and full of melody ; the gentle strains of
a childish lullaby, or the solemn measure of majestic
hymns, associated with years of early manhood, and
made doubly sacred by the memory of voices long still,
of parents, brothers and sister — yea, of many dear ones.
The writing of these "Recollections" was a labor of
love. It may be that the never- weary fingers dallied
with the pen while memory was busy. It was "hard to
select" from such a vast treasure-house that which might
interest all. Most lovingly he lingered over the early
years and paused for a space, while in imagination he
fought again the fierce battles of the Civil War and re
called with reverence each brother soldier.
And, as the busy life drew near its close and new
problems and important issues demanded consideration,
many times did he express the conviction that it was
"too early to write more than a recital of facts: at a
later day others would write of the history now being
made." Surely, it was with a prescience born of nearness to
the world beyond, that he gave utterance to the belief
that when the last chapter was written he would ' 'have
nothing more to do."
Patient, wise, devoted life 1 By her whose privilege
it was to share and be a part of this life for more than
twelve beautiful years this sketch is written. His Wife.

JOHN M. PALMER.

His conscience alone he served,
However small the cause, or great;
Never by friendship swerved,
Never turned aside by hate.
Honest his least intent,
Therefore, let but one line be wrought
At last upon his monument:
"A man who acted what he thought."
— S. E. RISER.
(ix)

CONTENTS.

CHAPTER I.
Birth and ancestry of the author — Removal to Green river coun
try — Character of the country — Politics of the times — Slavery
question — Removal to Illinois, in 1831  1
CHAPTER II.
Character of the people of Illinois — Black Hawk War — General
Semple — Death of my Mother — My Father " gives me my
time " — I leave home — Enter Shurtleff College — Brother Elihu
— Arrested for debt — Voting in Illinois in 1836  13
CHAPTER III.
Engaged in selling clocks — Mob in Griggsville — First meeting with
Stephen A. Douglas and John T. Stuart — Journey to St. Louis —
Arrival at Carlinville  22
CHAPTER IV.
Read law with Mr. Greathouse — Candidate for county clerk — Ad
mitted to the bar— Public men of the day — First case in the
Circuit Court — Methods of study — Kindness of Judge Breese. . . 27
CHAPTER V.
Canvass of 1840 — Impressions of Harrison and Van Buren — Disap
pointment of the Whig party — Scale of legal fees and prices
of lands — My marriage in 1842 — Lawyers as politicians-
Elected probate justice of the peace in 1843  36
CHAPTER VI.
Elected a delegate to convention of 1847 — Constitutional pro
vision in regard to banks — Provisions in regard to negroes —
Incident in regard to Reverend Albert Hale — Investment of
school money — In regard to dueling — Township organization
law  43
CHAPTER VII.
Elected to the state senate 1851 — The Logan Law — Major Beatty
T. Burke — Quarrel with Douglas  56
(xi)

Xll CONTENTS.

CHAPTER VIIL
The Bloomington Convention — Organization of the Republican
party — Platform of the Convention— Delegate to the Philadel
phia Convention — Fremont and Dayton — Platform adopted —
Affair with Major Harris  71
CHAPTER IX.
Nominated for Congress by the Republicans — Defeated — Platform of
the Republican party — Decatur convention — Elector at large —
Chicago national convention — Nomination of Mr. Lincoln —
Interview with the New Jersey delegation  78
CHAPTER X.
The Peace convention — Organization — Personnel of the conven
tion — Amendments proposed to the constitution — Insolence of
secessionists — Call from Judge Douglas  84
CHAPTER XL
Visits to Cairo — Visits to Cincinnati — Anna — Douglas — Visit from
a Kentucky colonel— Muster regiment for sixth congressional
district— Organization of 14th Illinois — Promoted to brigadier-
general— In command at Otterville— New Madrid— Riddle's
Point — First sight of gunboats — Colored preacher  91
CHAPTER XII.
Retreat to Nashville— Mr. Slate— Pulaski— Major McKittrick dis
covers a friend — Arrive at Nashville  113
CHAPTER XIII.
Diary kept in Nashville— Call from Mr. Trimble— Capture of com
pany of the 22d Illinois— Arrival of Rosecrans at Nash ville— Skir
mish with the enemy— Stuart's creek— General Rosecrans' er
roneous report— First day's battle of Stone River. (1862-1863.). 131
CHAPTER XIV.
Battle of Stone River continued— Military eloquence— Cripple
Creek— An acquaintance— Mrs. Morgan's dress— Invitation to
breakfast— Skirmish with Rebel cavalry— General Garfield—
Letter to Assistant Adjutant General— Political situation at the
North — A prudent preacher  _ 148
CHAPTER XV.
Manchester— Governor of Tennessee— Union refugees— Cross the
Tennessee river— Lookout Mountain— Ringgold— Battle of
Chickamauga— Colonel Robinson— Retire from Chickamauga—
Russell's battery— Fatal order  166

CONTENTS. Xlll
CHAPTER XVI.
Retreat to Chattanooga — Rebel artillery — General Rosecrans, Mc
Cook and Crittenden relieved — Resigned — Letter giving rea
sons — Letter from Lincoln — Wounded — Assigned to command
of 14th Army Corps  188
CHAPTER XVII,
Beginning of the Atlanta campaign — Johnston abandons Resaca —
Movements of the 14th Army Corps — Assault on Kenesaw
Mountain — Enter Marietta — Battle of Peach Tree Creek — Cor
respondence — Relieved of command of the 14th Army Corps. . . 202
CHAPTER XVIII.
Remained in Illinois until February — Letter to Mr. Lincoln — His
reply— Enter again upon the practice of the law — Tried for
bringing a negro slave into the state — Visited Washington
for Governor Oglesby — Result of my mission — Assigned to the
command of the Department of Kentucky — Conversation with
Mr. Lincoln — Assumed command of the department — Address
to the legislature of Kentucky — Correspondence— Orders  222
CHAPTER XIX.
Rumor oi freedom amongst the negroes — Fourth of July, 1865 —
" Golden Chariot " and ' hosses ' of salvation" — Judge George
W. Johnston — Indictments against me — Letter to Hon. George
Robertson — Election order of 1865— Revisit the old home — Mr.
Garrett — Letter to Mr. Dana — Letter to the president — Suc
cess of the conservatives — Letter to Judge Trumbull  240
CHAPTER XX.
The guerrillas — Killing of Marion — Capture of " Sue Mundy '' —
Magruder and Medkiff — Sentence of Davis and Berry — Mrs.
Smith and Miss Bailey — Feeding the guerrillas  267
CHAPTER XXI.
Inaugural address — Condition of the times — Change in situation of
North and South — Democratic party — Railway corporations —
Governor Oglesby — Public schools — Incorporation laws — -Ve
toes — Local taxation — Lake front bill and veto  280
CHAPTER XXII.
Mercantile Protective Company — Constitutional Convention of
1870 — Detectives — Mobs — Bribes — Fees — Railroads — Eminent
domain — Pardons — Talk to colored people on the seventh an-
versary of emancipation — Address on the reinterment of Gov
ernor Bissell  312

XIV CONTENTS.
CHAPTER XXIII.
The Chicago fire— Correspondence with Mayor Mason, and the
president — Message to the general assembly  343
CHAPTER XXIV.
Meeting of the legislature of 1873 — End of my term of office — Pro
vision for education — Defense of grand juries — Mobs — News
papers—Change of venue — Challenge to jurors— Pardons-
Change in criminal law suggested — The poor— Suggestion of an
officer to represent poor prisoners — The railroads  <  378
CHAPTER XXV.
Presidential canvass of 1876 — Hayes nominated by the Republi
cans — Tilden nominated by the Democrats — Visited Louisiana —
Hayes's electors counted in — Correspondence between Demo
crats and Republicans — Report to Mr. Hewitt — Nominated for
U. S. Senate — Declined in favor of General Anderson — Election
of Judge Davis  395
CHAPTER XXVI.
Speech of welcome to General Grant — His reply — Obsequies of
Hon. David Davis and General John A. Logan  432
CHAPTER XXVII.
Marriage of the author — Nomination and canvass for Governor of
Illinois  458
CHAPTER XXVIII.
Letter to Hon. James E. Campbell — Meeting and action of the Dem
ocratic State Convention — Speech on the ratification of my
nomination — Letter from Hon. W. E. Mason — My reply  465
CHAPTER XXIX.
Take my seat in the senate — Funeral of Senator Plumb — Speech on
election of senators by the people — Discussion with Mr.
Chandler  475
CHAPTER XXX.
Opposed the pure food bill — Favored pensions for judges of the su
preme court — Opposed the Indian bill— Homestead speech  496
CHAPTER XXXI.
Correspondence with the secretary of the treasury — Defend the Dem
ocratic platform — Condemn the tariff— Oppose licensing dealers
in options— Speech on the repeal of the purchasing clause of
the " Sherman Act "  511

CONTENTS. XV
CHAPTER XXXII.
Argument against alteration of the constitution by construction —
Object to the seating of Messrs. Mantle, Beckwith and Allen. . . 532
CHAPTER XXXIII.
Letter to Mr. Isaac H. Webb — Letter to the president  555
CHAPTER XXXIV.
Oration delivered at the dedication of Chickamauga Park  560
CHAPTER XXXV.
Resolutions and acceptance by the senate of the statute of Pere
Marquette — My speech of acceptance — Unveiling of the Han
cock Memorial Statute  576
CHAPTER XXXVI.
The meeting of the Democratic state convention — Democratic
leadership — Douglas, Pendleton — Democratic convention of
1892 — Democratic convention of 1896 — Money planks in all of
the platforms  589
CHAPTER XXXVII.
Visit at Galesburg — Address on Lincoln and Douglas — Met General
Buckner at Chicago — Begin the canvass — Home of Don Dick
inson — Visit to Cincinnati  601
CHAPTER XXXVIII.
Anniversary of the Bloomington convention of 1856 — Old politics —
Deaths  620

LIST OF ILLUSTRATIONS.

John M. Palmer (Civilian) .... Frontispiece
Fac-simile of License  30
Stephen A. Douglas . ... 50
Lyman Trumbull (U.S. Senator 18 years) ... 70
Abraham Lincoln (President elect, 1860) . . 80
John M. Palmer (Military)  147
Letter of Lincoln ....... 195
Discharge from Army  279
Richard J. Oglesby (Governor and U. S. Senator) . 377
John M. Palmer (Age of eighty-two) .... 619

THE STORY OF AN EARNEST LIFE.

OHAPTEK I.

Birth and ancestry of the author — Removal to Green river country —
Character of the country — Politics of the times — Slavery question —
Removal to Illinois, in 1831.
My earliest recollections go back to a new, and then
sparsely settled, portion of Southern Kentucky. My
father, Louis D. Palmer, was born in Northumberland
county, Virginia, on the third day of June, 1781, and
was the third son of Isaac and Ann (McAuley) Palmer,
who were both born in Northumberland county in that
state, the first on the first day of November, 1747, and
the latter in June of the year 1747 ; they died in Chris
tian county, Kentucky, within a few months of each
other, the oldest persons in that part of the state. My
great-grandfather, Charles McAuley, came to Virginia
from the north of Ireland, and, as may be inferred from
the name, was of Scotch descent. My great-grand
father, Thomas Palmer, emigrated to Virginia early in
that century from England.
My grandfather, Isaac Palmer, and my grandmother,
Ann McAuley, were, when young, baptised by Lewis
Lunsford, one of the early Baptist preachers in Virginia ;
they adhered to that church as long as they lived with
unshaken fidelity.
My mother, Ann Hansford Tutt, was born on the
twenty-seventh day of October, 1786, in Culpepper
county, Virginia, where her father, Lewis Tutt, and her
mother, Isabella Yancy, .were born about the year 1750.
(1)

2 THE STORY OF AN EARNEST LIFE.
Their ancestors were early settlers in Virginia, the
Tutts from England and the Yanceys from Wales. Their
families were wealthy, and so proud of their connection
with the established church, that I imagine my grand
father Tutt did not join in the revolutionary movement
in Virginia with much enthusiasm. My grandfather
Palmer, in his quiet, stubborn way, took part in the
contest ; he appears upon the roll of Revolutionary sol
diers as a "minute man," and received a pension of
eight dollars per month for his services. I remember
what I thought to be the excellent wit he exhibited in
calling Cornwallis "Cobwallis," because he said "they
shelled the corn off him in Yorktown !" In his old age
his heroes were Washington and Lafayette, the latter of
whom he remembered only in my day by the name of
"De Marcus," to whom, as he said, "General Washing
ton compelled the shelled 'Cobwallis' to deliver his sword
at Yorktown."
His life was spent in the quiet pursuits of agriculture,
following the simple methods of his day. I remember
that his pride was, that he "owed no man," and that he
attended the monthly church meetings which were always
held on Saturday, and followed by Sunday preaching,
with unfailing regularity. He had aspirations, however,
for his boys, and "bound them out" to learn trades.
Seven years was then the term of an apprenticeship.
My father, when fourteen years of age, was bound to
Archibald Mcllvaine, a cabinet-maker doing business in
Lexington, Kentucky, where he remained until his
twenty-first birthday, June 3, 1802, when his appren
ticeship expired.
While in Lexington, my father, who was then and
always was, an omnivorous reader, made himself familiar
with the meager political literature of the day, and be
came an admirer and devoted adherent of Mr. Jefferson,
while I even now remember that my grandfather dis
liked him. He insisted that Mr. Jefferson was an infidel,
and had opposed Washington. Those were, in his esti-

BIRTH AND ANCESTRY. 3
mation, unpardonable offenses. My father and mother
were married on March 22, 1814, soon after he re
turned from a campaign in the northwest against the
"British and Indians." He was in the rifle regiment
raised and commanded by Colonel John Allen, who fell
at the disastrous affair at Raisin river, where so many
brave men were sacrificed to the tomahawk of the In
dians by the shameful conduct of the British com
mander. From all accounts I have heard, General Win
chester probably lacked capacity, and his volunteer
troops were insubordinate and reckless, but they were
brave, and if left to themselves, would either have died
with their arms in their hands, as Colonel Allen and
Captain McCracken did, or have obtained better terms
than General Winchester did for them. My father was
on detached service that day and escaped the massacre
which followed the surrender.
No names were more familiar to me in my boyhood
than were those of Colonel John Allen and Captain Archi
bald McCracken, to whose company my father belonged ;
both fell at Raisin river, gallantly doing their duty, and
Kentucky has honored their names by bestowing them
upon counties in that state. My father served for a
short time after the affair at Raisin river, but as the time
of his enlistment (six months) had nearly expired, he
was not present at any other affairs of importance.
After his return, he visited the then territory, now
state, of Indiana, and bought land on the Ohio river,
near Madison, but after his marriage he abandoned the
idea of removing to that state. He followed his trade,
living in Woodford and Scott counties (I was born in
Scott county on September 13, 1817), and until the fall
of the year 1819, then, attracted by the glowing descrip
tions of the beauty and fertility of what was then known
as the "Green River Country," he, with my mother, my
: eldest brother Elihu and myself, removed to Christian
county. Our removal was after the manner of the times ; we

4 THE STORY OF AN EARNEST LIFE.
traveled the distance on horseback, my brother, then
four years old, rode on the horse behind my father, and
my mother, on another horse, carried me in her lap ;
their worldly goods consisted of two hundred silver dol
lars and two horses, as I have often heard — "the silver
was carried in saddle-bags." I have listened to many
talks about their removal, but only recollect that my
father often said that during the journey, if I had a full
allowance of food and sleep, I gave no trouble. I think I
have maintained the character then earned ever since.
Soon after his arrival in Christian county, my father
bought a tract of land containing about three hundred
acres in the "Barrens," as they were called; the land
was nearly in the condition of some of the prairies in
Southern Illinois ; it had upon it scrubby black-j ack and
hickory growth which showed marks of the fires which
had swept over it for many successive years ; it was
easily cleared and when once put into cultivation, pro
duced excellent crops of corn and tobacco, which after
wards became the chief commercial crops of that part
of the state.
The settlers of Southern Kentucky established schools
that met the demands for instruction in the essential
branches of education as they were then understood —
reading, writing and arithmetic as far as the "Rule of
Three;" later, English grammar according to Lindley
Murray, was introduced, but "grammar" was for many
years treated as one of the optional studies, being con
sidered rather ornamental than useful.
My teachers, Isaiah Boone, a relative or descendant of
the famous Daniel Boone, and Hezekiah Woodward, a
professional teacher, were competent instructors and
used the rod of good sound hazel or hickory with great
energy. I received my fair share of instruction and
punishment and do not distinctly recollect when I could
not read.
Mr. Boone was a Baptist preacher and allowed no pro
fane amusements in connection with his school, but one

BIRTH AND ANCESTRY. 5
of Mr. Woodward's schools was closed by a "barbecue."
The dancing was under what was called an "arbor;"
the meats were cooked in the "barbecue" style still
practiced in some parts of Illinois ; bread was provided
by the families interested, and a "still-house" near by
furnished corn whisky for the occasion. I was then
some ten years of age, but from that time until we re
moved to Illinois, in 1831, our manner of life was
uniform. Other children were born until there were seven sons
and one daughter who, with the exception of myself,
were brought by my father to Illinois.
The time of our residence in Christian county, from
1819 to 1831, was filled with important political and
social discussions and changes. I have a very distinct
recollection of the great contest between what was known
as the "old and new court" parties, which commenced
by certain rulings of the Court of Appeals (Supreme
Court) of the state.
The lands in Kentucky were generally held under titles
derived from Virginia, of which Kentucky had been a
part ; the negligence of the land officers, and the careless
manner in which surveys had been made, led to a con
fusion of boundaries in Kentucky, and involved the titles
to land in hopeless uncertainty ; the courts were crowded
with suits which involved conflicting surveys, or imper
fect transfers, and other questions of like character to
the ruin of hundreds who had bought lands in good
faith and made improvements upon them.
The legislature of the state, in order to relieve the
unfortunate settlers, passed laws for the protection of
occupying claimants, which, had they been enforced by
the courts, would have made the recovery of lands against
occupants practically impossible ; at the same time the
people were poor and in debt.
The legislature, in its effort to relieve them, had cre
ated banks, and attempted to make their paper issues a
practical tender in the payment of debts. The method

6 THE STORY OF AN EARNEST LIFE.
of relief was by what were known as "replevin laws ;"
these laws gave to the debtor, after the tender of pay
ment in bank paper, the right to stay of execution upon
judgments on a tender of bond and security.
The exact details of the methods provided by the stat
utes, by which the stay of execution was intended to be
secured, are not important, for whatever they were the
Court of Appeals (which consisted of John Boyle, chief-
justice, William Owsley and Benjamin Mills, associate
justices) held them to be unconstitutional, and upon
that ground refused to enforce them. In 1824, an at
tempt was made by the legislature to remove the chief-
justice and his associates by an address to the governor,
but in order to remove them the concurrence of two-
thirds of the members of each branch of the legislature
was necessary. The requisite "two-thirds" could not be
obtained to the address, so the expedient was adopted
of repealing the law creating the court, and in that way
get rid of the judges.
The repealing bill also provided for the appointment
of other judges of the court, the governor approved the
repealing act, and appointed other judges, who it was
expected would support the validity of the "relief laws"
and other laws of like character ; but Chief-Justice Boyle
and his associates, Owsley and Mills, refused to recog
nize the validity of the repealing act, or to surrender
their records to the "new court;" the state had for a
time two "Courts of Appeals," and the people were di
vided into parties which with great heat supported the
rival tribunals.
My father was a "new court" man, but Mr. Clay,
who was then strong in the confidence of the people of
Kentucky and most of the conservative men of the
state, supported the "old court," and after a contest,
characterized by great excitement, the "new court" party
was defeated. A majority of the legislature was elected
favorable to the old court ; this legislature repealed the
law under which the new court was created. I have no

BIRTH AND ANCESTRY. 7
doubt now but that the new court party was wrong, but
the names of Boyle, Owsley and Mills, sometimes sar
castically called the "three kings," were for a long time
odious to me.
I have mentioned the name of Mr. Clay in connection
with the "old and new" court controversy as support
ing the "old" court ; I think that fact made the "new"
court party his enemies, for I remember in 1824, when
the candidates for the presidency were Adams and Jack
son, Crawford and Clay, my father, and his "new court"
friends, supported Jackson.
I can now remember a political song, which I then
read in a newspaper taken by my father, which com
menced : " Republicans, cheer the hickory tree,
In time of war it sheltered thee."
I recall but these two lines of the song, which was
sung to some familiar hymn tune, but I remember a
whole verse of another, which we sang to the tune of
"Auld Lang Syne:"" Ladies, you are much mistaken,
And can I tell you why,
For General Jackson will be elected,
And Clay will surely die'!"
General Jackson was not elected, however, but it was
then one of the articles of my belief that he was defeated
by some "bargain and intrigue," to which Mr. Clay was
a party. Of course, these impressions have long since passed
away, but thousands no doubt believed that charge
against Mr. Clay upon no better evidence than I had.
I remember the presidential contest of 1828 with
more distinctness. General Jackson and Mr. John
Quincy Adams were the opposing candidates. Mr.
Clay's great influence kept Kentucky steady, but by
that time General Jackson's popularity was greatly in
creased, and his supporters were more numerous and

8 THE STORY OF AN EARNEST LIFE.
bold than in 1824, though our neighborhood was over
whelmingly for Adams.
I remember that my father and a friend left our house
on the morning of election day to go to Hopkinsville,
the county seat, where, I believe, all the votes cast in
the county were received ; my father and his friend each
carried a hickory bush as a sign of his faith.
In the meantime, other subjects began to excite public
attention. In 1829 or 1830, the neighborhood was
greatly excited over what was called a "rising" of the
negroes. Of course, there were no just grounds for apprehen
sion, but there were many credulous persons ready to
believe such things, and weak and foolish negroes
would make confessions that, though they carried false
hood on their faces, were thought to justify cruel perse
cutions .
At the time to which I refer, the alarmed state of
the public mind led the proper authorities to appoint
"patrols," called by the negroes "patter-rollers." The
patrols of our neighborhood were idle, reckless young
men, in most instances the sons of respectable farmers,
but some of them were the overseers of wealthy men,
who had a large number of slaves.
The patrols would enter any kitchen or house occupied
by negroes without ceremony, and if any visiting negro
was found without a "pass" signed by the master of the
slave, or by some other person by his authority, he or
she was at once whipped by the patrol, very much at
their discretion.
Saturday night was usually chosen by the patrol for
their visitations, for that evening was commonly selected
by the negro men for their visits to their wives and
female acquaintances.
A negro woman at our house had for her husband a
very trustworthy, quiet man named Abram, who be
longed to a neighbor. One Saturday evening Abram
came as usual to visit his wife, America, and about nine

BIRTH AND ANCESTRY. 9
o'clock the patrol surrounded the house, to which the
kitchen was attached, and prepared at once to force open
the door leading into the room where the man and his
wife had retired for the night.
My father met them, there were two or three of the
patrol, and objected to their entry upon his premises, of
which he claimed exclusive control. I only remember
that he was firm and they were overbearing and insult
ing, the more so as he was understood to be opposed to
the institution of slavery.
They did not enter the kitchen, but left, threatening
my father with the law as well as personal chastisement ;
he made no reply to their threats other than to defy
them ; I had never before seen him so moved. The next
morning he declared he would no longer remain in a
state where scenes like those that occurred the night
before were possible, and he announced his determina
tion to leave Kentucky and remove to the free State of
Illinois. This announcement startled us, for we had no idea
of a state of society where negroes, if there were any,
were not slaves ; our mother, as we inferred from what
she said in her efforts to dissuade father from his pur
pose, entertained more serious apprehensions than we
did of what she imagined to be the "social conditions"
of a "free state."
Father soon captured the imaginations of his boys ;
he told us of the prairies, of lands so cheap that we could
all be landholders, where men were all equal ; this con
sideration appealed to us strongly, for we already
knew of the superior social standing of our wealthy
neighbors .
We began to look forward to the time of our removal
to Illinois with impatience, but with all that my father
could do, he did not complete his arrangements for leav
ing Kentucky until April, 1831, when the family started
for Illinois, and left me with my aged grandparents, to

10 THE STORY OF AN EARNEST LIFE.
follow the next fall with the husband of my mother's
sister, who was not then ready to go.
The difficulty with the patrol had, no doubt, injured
my father's standing in the neighborhood, especially
with some of the extensive slaveholders, and what may
seem strange, his views upon temperance were singular
and very unpopular, even with the members of the
church to which he was attached.
I remember the appearance in Southern Kentucky of
a volume of discourses by the Reverend Lyman Beecher,
then of Connecticut, directed against the use of intoxi
cating liquors, used as a beverage, but I am not able to
fix the exact date of their introduction into our neigh
borhood. These discourses produced a sensation that can now
scarcely be understood. At that time the use of whisky
was general. I remember to have attended a church
meeting and Sunday preaching at the house of Captain
Radford, a wealthy neighbor, where, after religious
services were concluded two or three negroes entered
with "waiters" upon each of which there were a dozen
or more glasses well filled with whisky "toddy."
These were passed first to the preacher and the older
brethren, and then to the others, and none failed to take
a share of the contents of the glasses. Almost every
one kept whisky, which was made in abundance in the
neighborhood, and it was a point of hospitality to offer
it to every visitor.
We had two good neighbors who never forgot boys, or
negroes, in the dispensation of their hospitality ; and to
be niggardly in this respect was degrading. I remember
at a muster once to have heard a local poet sing of a
well-known and stingy neighbor :
"  is a mean man,
And everybody knows it;
He keeps good whisky in his house,
But never says, here goes it."

BIRTH AND ANCESTRY. \\
This expressed the popular sentiment of the man who
was wanting in the essential characteristics of hospi
tality. My father and Mr. William T. Major, a neighbor and
friend, became convinced about the same time of the
evil effects of intoxicating liquor, and my father I know
ceased to use or offer it to others.
This was the subject of much remark, and perhaps
added to the feelings of dislike with which some re
garded him on account of his views on the subject of
slavery. At all events he sold his land, and in 1831
came to Illinois and settled in Madison county, north of
Edwardsville on Paddock's prairie, and about ten miles
east of Alton, where he entered, I think, two hundred
and forty acres of land, built a log house, and in the fall
of that year I followed the family to Illinois. Those
who know Illinois now can have no idea of the Illinois
in 1831.
After passing Hopkinsville, the seat of justice of
Christian county, Kentucky, we took the route from
that place by way of Princeton, in Caldwell county to
Ford's ferry, on the Ohio river, and thence after cross
ing the river by Equality, Mt. Vernon and Carlyle to
Edwardsville. This road which was then as far as
Carlyle, the great route from Southern Kentucky,
Middle Tennessee and North Carolina to Central Illinois
and Missouri, was crowded with "movers" who were
making their way by all the then known methods of
travel, from the handsome family carriage to the hum
blest ox-cart. Many families traveled on foot with a
pack-horse to carry their heavier movables or for the
transportation of the smaller children.
Such modes of travel are never noticed now to any
extent, the railroads of modern life make scenes such as
are described impossible.
After passing along the road, which still runs some
three miles west of McLeansboro in Hamilton county,
for a few miles, we came to Moore's prairie, the first we

12 THE STORY OF AN EARNEST LIFE.
had ever seen, and as we advanced towards Edwards
ville they grew more extensive.
The prairies then were scarcely marked by improve
ments except very near the timber borders, for the early
settlers dared not go out on the prairies ; many persons
told us that the prairies would never be settled, and for
years I believed that prairie land more than two or three
miles from the timber was practically valueless.
But the prairie in its natural state was indeed "a
thing of beauty." Sometimes we would travel miles
without seeing a habitation, or if houses could be dis
cerned, they would be situated at points of timber at a
greater or less distance from the roads ; deer would be
seen in herds as if they had not learned to be startled by
human presence.
Nothing was more animating than the scenes we
witnessed as we journeyed over these long stretches.
Perhaps the imagination had much to do in finding
objects of interest on the prairies, but to me they were
enchanting ; and after years of familiarity with the
magnificent undulating acres of the great prairies of
Illinois and other western and northwestern states, now
that they are all inhabited, dotted with cities, towns,
villages and highly-cultivated farms, they linger in my
memory like a grand restful dream.

REMOVAL TO ILLINOIS IN 1831. 13

CHAPTER II.
Character of the people of Illinois — Black Hawk War — General Semple —
Death of my Mother — My Father " gives me my time "—I leave
home — Enter Shurtleff College — Brother Elihu — Arrested for debt —
Voting in Illinois in 1836.
After reaching my father's house in Illinois in Sep
tember, 1831, I found myself amongst a people alto
gether unlike those I had left in Kentucky ; many of them
were natives of that state, but they were changed ; they
were interested in subjects that were new to me.
Of course, the entry of land, the improvements upon
public lands, the breaking up of the prairie and matters
of that kind were oftenest the subject of conversation,
but many of the older men had been rangers and had
fought the Indians and defended their homes from stroll
ing bands of savages long after they had troubled any
part of Kentucky ; and religious controversies raged in
every neighborhood to an extent that seemed to me to
be absolutely unaccountable.
The Indian disturbances which commenced in 1831,
furnished some relief from the eternal babble of the des
potic leaders, and the Black Hawk war, in 1832, found
employment for many of the old Indian fighters in the
field, and subjects of interest to those who remained at
home. The Black Hawk war interested me very much, and
once seemed likely to influence my life. Before I came
to Illinois, my father had made the acquaintance of
General James Semple, who was a leading lawyer and
politician, and of magnificent proportions and presence.
He was amiable and kind to me, and in the spring of
1832, when about to start north to join the command to
which he was attached, he offered to furnish me a horse

14 THE STORY OF AN EARNEST LIFE.
and such equipments as I would need, and take me with
him on the campaign.
I was then fifteen years old, and was delighted with
the offer which I accepted, subject to the approval of my
father. I did not doubt but that he would consent, and
hastened home to report to him my opportunity, but he
refused to allow me to go ; it was my first great disap
pointment, I bore it in silence when in my father's .
presence, for he held with Solomon on the use of the rod
in family government.
I did not go to the Black Hawk war, but I cherished
very kind and respectful feelings for General Semple as
long as he lived.
My mother died on July 19, 1832 ; she was a wife and
mother of the old type ; she spun and wove and made
the clothing for herself, husband and seven children, six
of them boys — for there was no ready-made clothing in
that day.
I remember that when a boy I filled "quills" for her,
and the "loom" and the "shuttle" were familiar to her.
I don't know how she did it, but she always kept her
children well clothed and clean.
She was reluctant to come to Illinois, and died two
years after we came into the state from an attack of
bilious fever.
She filled the description given by Solomon of a good
wife : "She looketh well to the ways of her household,
and eateth not the bread of idleness ; her children rise
up and call her blessed; her husband also, and he
praiseth her."
The period to which I refer was one of great prosperity
in Illinois ; lands were entered at one dollar and twenty-
five cents per acre ; population poured into the state, and
employment was abundant on every hand. I remember
that one winter with a younger brother, I cut saw-logs
on government land, and by that means earned forty-
eight dollars ; my father added the balance needed, two
dollars, and the amount of expenses at the land office,

REMOVAL TO ILLINOIS IN 1831. J5
and I entered forty acres of land in my own name, which,
after attaining my majority, I conveyed to my father.
The next spring and early summer I drove a prairie
team, four yoke of oxen attached to a twenty-four inch
plow, at eight dollars per month. I worked at home
when needed, and finally, in the summer of 1834, my
father "gave me my time."
This expression may have an amusing sound to the
boys of this day, who will hardly consent to give their
fathers their time.
One evening while my father and self and younger
brothers were discussing the subject of education and
matters of that kind, my father said to me in reply to
some expression of a wish to obtain a good education,
"Very well, sir, you owe me four years' service yet, I
will give you that ; go and get an education."
I looked at him with an expression of surprise, no
doubt, and asked in an excited, trembling voice, "When
may I go, sir?" He seemed amused, and said, "To
morrow morning, if you like." I remember that I left
the room to conceal my excitement ; after recovering my
composure, I returned to the room where my father was
seated, and sat for some time in silence, when he said,
with signs of emotion, "I have no money to expend for
your education, but a healthy boy as you are needs no
help ; you may go to-morrow morning ; I give you your
time. Don't disgrace me ; may God bless you !"
This scene still lingers in my memory. I had looked
forward to the independence of manhood with the eager
ness of hope ; I had reveled in dreams of results to be
accomplished ; I had imagined myself a successful
farmer or lawyer or a soldier, successful in every em
ployment. I meant, when I "got to be a man," to be
rich, learned and happy ; my brothers were also to be
happy and successful — and even then there would come
into the picture a girlish face that was to share in the
successes that I imagined were to attend my entry upon
the sphere of manhood. Here was an offer made by my

16 THE STORY OF AN EARNEST LIFE.
father to anticipate the day of my anticipation, to "give
me my time." I accepted his offer, and as he had said
it, I knew he would not mention it again.
That evening I talked to "Roy" and "Frank," my
brothers, who seemed as much elated with the prospect
before me as I was.
Next morning, after an early breakfast, I left home on
foot without money or clothes ; both seemed unnecessary,
for was I not going out into the world a free man, where
clothes and money were abundant, and to be had by any
one who would earn them?
The boys started with me, and they called the dogs,
three of them, our constant companions ; they were to
go with me to the top of the hill, a mile probably from
the house. We had crossed Indian creek, when the
dogs started a rabbit ; the boys started to follow ; I
called them back. We waited for the dogs and then
moved on.
My father was not at the house when I left, but he
too had followed to a bluff we had passed, and from that
point watched us. I did not then know why he stood
watching, but I know now !
When we reached the top of the hill, reluctant to sepa
rate, Roy said he "knew where he could start a rabbit
on his way home." He called the dogs, and, without
saying a word to me, ran off at his utmost speed, fol
lowed by Frank and the dogs, and I was left alone with
my newly-acquired fortune — "my time" — with all of
its hopes and possibilities.
The boys ran until out of sight. I understood the
reason why they ran very well, and would have been
very glad to follow and overtake them, but my destina
tion was Upper Alton, where there was a school recently
established. It was understood to be a "manual labor
school," and it was my purpose to enter that institution
and pay my expenses by my labor.
I reached Upper Alton about one o'clock in the after
noon, and had made up my mind before arriving there

REMOVAL TO ILLINOIS IN 1831. 17
that it would be necessary at once to find work. I had
no doubt but that I could do so without difficulty. I
needed no dinner — my dreams were more than food —
but as I passed along the principal street soon after en
tering the town, I saw a man named Haney plastering
a new frame house for Mr. George Haskell, and turned
off to where he was superintending or making a bed of
mortar. I asked him if he "wished to hire some one
to make and carry mortar?" He said he did. I had
never made mortar for a plasterer. He put a shovel into
my hand and told me how to manage the sand, the lime
and other ingredients, watched me work awhile, offered
me seventy-five cents a day, told me where I could get
board at one dollar and a quarter per week ; agreed to
be responsible for me, and I worked that afternoon and
continued to work until the job was done. I do not re
member the exact number of days this required, but I
do remember that when I was paid and had settled my
board, bought a shirt and a pair of socks, I had all of
five dollars left, which was, as I thought, clothes and
money enough for anybody.
I then entered the college, and for awhile paid my
board by my earnings on Saturdays. I also, with my
elder brother, Elihu, took a contract to remove the trees
from a street leading from Upper Alton to Middletown.
The trees were large white oaks. We grubbed them up
and were well paid for doing so.
My brother, who was three years older than I, was a
remarkable man even then. He was athletic, industrious
and possessed a natural mechanical skill which was sur
prising. His capacity for the acquisition of languages
was so great that it seemed as if he knew them by in
tuition. While I was plodding along in primary Latin,
he surprised me, keeping up his Greek studies and at
the same time dipped into German.
He was an excellent musician, familiar with the science
of music, and afterwards became an acceptable preacher ;
indeed, he was, while we were at school, preparing him-
2

18 THE STORY OF AN EARNEST LIFE.
self for the ministry. On the other hand, he was as
guileless and simple as a child.
He was without ambition, and had no fondness for the
acquisition of property. He was very profoundly sin
cere in his opinions upon all subjects ; he was earnest
in doctrinal belief, hated human slavery, and all forms
of oppression, with an intensity that almost amounted
to fanaticism. He lacked but ambition and selfishness
to have made him eminent ; he labored while he lived
more for others than for himself.
I remained at school, in a desultory sort of way, un
til the spring of 1836, when the country was filled with
rumors of the "Texas revolution," , as it was called.
My failure to carry out my intention to unite with the
volunteers organized at St. Louis to join the "Revolu
tionists" was caused by an incident that seems now
very ludicrous, but was at the time a crushing blow. I
had volunteered, and my arrangements were made to join
a few friends at Alton, take the boat which it was ex
pected would take us to St. Louis, where another boat
was waiting to start for New Orleans on our arrival.
I spent the night before the morning fixed for my
departure at rny uncle's, two miles east of Upper Alton.
I took leave of my relatives, and left the house filled
with anticipations of the battlefield in Texas, and started
on foot with a small pack of clothing to reach the
boat, then off for the field of glory !
I had gone a mile perhaps after leaving Upper Alton,
when I was overtaken by Mr. John Maxcy, whom I
knew to be a constable of Upper Alton. He spoke to
me kindly, inquired where I was going, and I told him
to Lower Alton to take a boat for St. Louis, and from
there to Texas to take part in the revolution. Pie handed
me a paper, and said : "Here is something you have for
gotten ! ' '
To my astonishment the paper read : "The people of
the State of Illinois, Madison county, to any constable
of said county, greeting : We command you to take the

REMOVAL TO ILLINOIS IN 1831. 19
body of John M. Palmer, if he be found in your county,
and bring him forthwith before me, to answer the com
plaint of," etc. I had never seen such a paper before ;
it commanded the constable to arrest me, and take me
before the justice of the peace.
The constable told me I could discharge myself by
paying to him four dollars and a half, and about one
dollar and twenty-five cents cost. I assured him that I
had not forgotten the debt, but had arranged with my
cousin, Isaac Palmer, to pay it for me. He said that
might be "all right," but he must have the money or I
must go back.
Unfortunately, my whole stock of money did not ex
ceed two dollars, so I went back, humiliated beyond
measure. I arranged the matter during the day, but to
get the money I had to promise to go to work.
The steamboat lost a passenger, and the cause of
Texas an enthusiastic supporter. I then went to work
again, did not at once return to school, but paid the
money I had borrowed ; and then in the May following
occurred one of those incidents which so much resembles
fiction that I cannot forbear relating it.
Many persons now living remember Mr. Enoch Moore,
of Springfield, whose remarkable form had so often at
tracted attention. In 1836, he kept a tailor's shop in
Upper Alton. One day, I stepped into his shop, and
saw hanging up a suit of clothes, the coat and pants
were of some cotton goods which I cannot describe, and
the vest was figured like calico.
Mr. Moore saw that I needed clothes, and that I looked
at the suit with interest. He told me that he had made
it for a person who had failed to take it, and offered it
to rne for twelve dollars.
I had no money, and told him so. He asked me my
name, and when I told him he said he knew my father,
and added that he thought I could earn the money
and pay for the clothes. I finally, with great hesitation,

20 THE STORY OF AN EARNEST LIFE.
agreed to take them, and for the first time contracted a
debt deliberately.
I have told the story of my arrest, which I supposed
was applicable to all debts.
During May and early June I paid most of the amount,
and on the evening of July 3d, I went to my father's
house with more than enough to pay the balance due
Mr. Moore. My father, who saw the amount of money
I had, and which "the boys" were counting with great
satisfaction, said, "Go to-morrow and pay Mr. Moore,
and then you will be a free man, but now you are a ser
vant." On the next day, accompanied by my brother
Roy, I went to Upper Alton, on foot, paid Mr. Moore, and
had money left; went on to Lower Alton, spent freely
(twenty-five cents) on cake and spruce beer (of the old
kind) , and reached my father's house about sun-down,
a proud and happy boy.
In 1869, after I was inaugurated governor, I reminded
Mr. Moore of the fact that he had sold me the clothes on
credit, and reappointed him secretary of the governor,
ex officio fund commissioner, which he had held before,
to which office a salary of fifteen hundred dollars a year
was attached.
In August, 1836, I was living in the south part of
Macoupin county and attended house raisings, and other
amusements of like kind, and witnessed and had oppor
tunities for familiarizing myself with the habits of the
people, which were to me always interesting and
amusing. The elections were then held on the first Monday in .
August, and although a voter, I attended an election held
at the house of a Mr. Wood, south of where Woodburn K
now is.
There were three judges and two clerks of election,
and the method of voting was viva voce. One of the
qualifications required of a voter was residence in the
state for six months previous to an election. I remember
that a man named Hoskins, whom I had not seen be-

REMOVAL TO ILLINOIS IN 1831. 21
fore, offered to vote, and when asked how long he had
lived in the state, said he came here in the month of
April previous,
The senior judge, after telling him he had not been in
the state long enough, hesitated a moment, then asked if
he had "had the chills." He answered, "Yes ; I had one
yesterday, and feel one coming on me now." The judge
said, "put him down, and let him go home, the chills is
as good as a six month's residence !" His vote was re
corded. It may be well enough to say, by way of apology for
the judges, that there was a large bottle of whisky on
the table, of which they had partaken liberally. Ac
cepting the rule adopted by the judges, I supposed for
several years that "having the chills" was equivalent to
a six month's residence in the state.
In September, I returned to Upper Alton, where I
spent most of the winter in school, working in payment
of my board, in the family of the Rev. Ebenezer Rodgers,
a Baptist preacher who had lately come into the state
from Missouri.
Mr. Rodgers was an' Englishman by birth, and the
father of my friend Colonel Andrew Fuller Rodgers,
formerly of the 80th Illinois Infantry.

22 THE STORY OF AN EARNEST LIFE.

CHAPTER III.
Engaged in selling clocks— Mob in Griggsville— First meeting with
Stephen A. Douglas and John T. Stuart— Journey to St. Louis-
Arrival at Carlinville.
In May, 1837, I formed the acquaintance of Mr. C.
N. Henderson of New Hartford, Conn., who was largely
engaged in the business of selling clocks, and had ar
rangements for showing them easily. Four men who
during the winter before boarded in the house I did
were engaged in tbe practical business of peddling the
clocks . The methods of the business were that a license
would be taken out by him in some one county for the
term of three months, which cost him fifty dollars, and
then he put as many men and teams into the county as
were sufficient to visit and canvass all parts of the
county for the sale of brass and wooden clocks.
After engaging with Mr. Henderson, I with three
other employes and all of the wagons left Upper Alton
by way of Waverly and Springfield, passed Petersburg
and Ross' ferry (now Havana) and reached Lewistown
in Fulton county, where we operated for three months.
It is difficult to imagine a more delightful life than I
led while engaged in this business.
The country was new and sparcely settled, the people
were immigrants into the state, they were simple in
their habits and hospitable to a degree that cannot be
imagined by the people of the present day.
Business was reasonably good, and everything in
dicated life and thrift in all the counties we visited.
My first three months were spent in Fulton county,
from that to Pike, where I made some valuable friends ;
thence to Greene, and after that to Hancock, I was at
Griggsville, Pike county, in October, 1837. One day
when I was absent from the town, I came into my board-

MOB IN GRIGGSVILLE. 23
ing house after dark. Soon after a number of persons
came into the public room, and I learned that during the
evening a stranger had lectured upon the subject of
slavery and had asked his audience to sign a petition to
congress to prohibit the slave trade between the states
and to abolish slavery in the District of Columbia.
I would probably have signed the petition if I had
been present at the meeting, but as it was I listened to
a very sharp discussion between James A. McDougall,
afterwards attorney-general of the State of Illinois and
senator from California, and a lawyer named John P.
Jordan, both of whom lived in Griggsville ; one of them
had come into the state from New York and the other
from Virginia.
Mr. McDougall insisted upon the right of every citizen
to petition congress to abolish slavery in the District of
Columbia, and to prohibit the interstate slave trade,
while Jordan argued that as congress had no right to do
either, no citizen had a right to petition that either
should be done. I went to bed leaving them in the
midst of the dispute ; I slept late, but when I came from
my room I saw that the street in front of the hotel was
crowded with people, and across the street a number of
persons were kicking at and striking a man by the name
of Trumbull, and was then told that several men had
followed the stranger who had lectured the night before,
pulled him off his horse and had taken his petition from
him, and were then pursuing every man who had signed
it to compel him to take his name off the paper.
I left the town soon after in pursuit of my business,
returned in the afternoon about four o'clock, found the
streets full of people, and learned that they had driven
Mr. Ozias M. Hatch, afterwards secretary of the State
of Illinois, into the belfry of the Baptist Church, in
which he took refuge to avoid the mob, and that they
were still in pursuit of others who had signed the peti
tion. I was on the street but a short time when a man
named Pollock came running pursued by a mob ; I

24 THE STORY OF AN EARNEST LIFE.
hated mobs then as I do now, but at the time I only in
sisted that Pollock should have what was then called a
"fair fight." I had in my pocket a steel-barrel rifled
pistol, I offered it to him, but to the honor of the crowd
my idea of a "fair fight," "man to man," was accepted,
and the affair ended for the moment, to be revived upon
the appearance of some other obnoxious person.
The town was under the control of the mob several
days. Lovejoy was killed on November 7th following,
which greatly added to the excitement. The local au
thorities were, as usual, overawed by the mob spirit, and
did nothing to preserve the public peace.
In Hancock county, I met for the first time Stephen
A. Douglas. One night, after Mr. Sands N. Breed, who
was employed with me, and I had retired (we occupied
separate beds in the same room) , the landlord, Mr.
Swope, came to our room, accompanied by two gentle
men, who were introduced to us as "Mr. Stuart and
Mr. Douglas, opposing candidates for Congress." The
landlord called us by name, and informed us that we
would have to occupy the same bed. Douglas then
asked our politics, and Mr. Breed told him that he
was a Whig, and that I was a Democrat. Douglas re
plied, "I will sleep with the Democrat, and Stuart
may sleep with the Whig." The arrangement suited
all parties. I heard Douglas speak next day, and
though not quite twenty-one years old voted for him on
the first Monday in August following. He had no more
devoted adherent than myself until we separated in
1854 over the Nebraska bill.
From Hancock we went to Knox county, and remained
there until Mr. Henderson closed out his business in Il
linois, and returned to Connecticut
We made our headquarters in Fulton county, and about
December 1, 1838, I took a school for three months,
which closed about March 1, 1839, when I determined
to visit my father, who lived in Madison county, and
my eldest brother, who was married and lived in Car-

MOB IN GRIGGSVILLE. 25
linville, as pastor of the Baptist Church. I took pass
age at Utica for St. Louis on the famous steamboat then
well known on the Illinois river as the "Ark."
This was my first experience in river travel, and I was
impressed by the novelty of the trip and the magnifi
cence of the boat, as it appeared to me then ; but my sub
sequent observation taught me that it was a miserable
1 "tub," as compared with other boats upon the river.
We spent two nights, and the whole of one and part
of another day, and reached St. Louis the third day. I
went to the "Green Tree Tavern," as it was then de
scribed ; I spent the night and next morning there,
started on foot, and reached Edwardsville after a walk
of some twenty miles, spent the night there, and next
morning went to my father's house on Paddock's Prairie,
arriving there after a further walk of eight miles, car
rying my belongings with me. On March 26, 1839, I ar
rived at Carlinville, Macoupin county, where I afterwards
spent so many years of my life, and formed many valu
able and enduring friendships and entered into relations
of the most interesting and affecting character.
It was then a place of about four hundred inhabitants,
and was a rough specimen of an Illinois town. I reached
Carlinville on a Saturday about noon ; my brother, Rev.
Elihu J. Palmer (whom I have mentioned) had mar
ried a year or two before Miss Eliza Gordon, of Ed
wardsville. He lived in Carlinville, and had charge of
the Baptist Church at that place. He was poor, and so
was his congregation, but his and their wants were few
and simple. My own capital was entirely satisfactory to
me ; I had twelve dollars in money, a feiv extra clothes,
a rifle gun, which I had left in Fulton county, and a
silver watch, which was of uncertain value. When I
left my father in Madison county, I intended to go to
Bloomington. I knew that many of my father's old
friends and neighbors of his in Kentucky had settled in
McLean and Tazewell counties, and I promised myself
that I would be able to make up a school amongst them,

26 THE STORY OF AN EARNEST LIFE.
and continue my law studies. My brother was not at
home when I reached Carlinville, having gone some
days before to attend a religious meeting at a distance.
He returned, however, on Monday afternoon, and per
suaded me that Carlinville had advantages for me that
I could find at no other place. He proposed that I
should make my home with him, assist in the neces
sary work, which included the chopping of firewood
where it grew, assist in hauling it to the house, which
we did generally with a borrowed team, and cutting it
into lengths for the fire-place.
I accepted his offer, and we lived very happily until
in the fall of that year he removed from the town. After
my brother moved away, I got excellent board at one
dollar and twenty-five cents per week, washing included.
The washing involved no great labor, for two extra
shirts, made of what we called "domestic," with col
lars of the same material as a part of the garment, left
the laundry labor very light.

ADMITTED TO THE BAU. 07

CHAPTER IV.
Read law with Mr. Greathouse — Candidate for county clerk — Admitted
to the bar — Public men of the day — First case in the Circuit Court
Kindness of Judge Breese — Methods of study.
I entered the office of Mr. John S. Greathouse, who
was one of the leading lawyers of the town, and "Coke
on Littleton," with Hargrave and Butler notes, were
placed in my hands for a beginning of my studies. I
had read Blackstone 's Commentaries much as every
student reads that excellent and learned work the first
time. It will be interesting to students of the present
day, when law books are so multiplied, that general
treatises on every subject are to be found in the book
stores, as special works on all important subdivisions of
the law, and federal, state and English reports are found
in law libraries by the thousand, that the reports of the
Supreme Court of Illinois at that time were contained in
one volume, "Breese."
My preceptor, Mr. Greathouse, who was a well-read
lawyer, had in his office a few volumes of English re
ports, Coke, Raymond, Buller's Nisi Prius, Starkey and
McNally on Evidence and Chitty's Pleadings, then a
comparatively new work ; the copy I used as a student I
have now. It descended to Tevis Greathouse on the
death of his father, Mr. John S. Greathouse, and was
bought at the sale of his property by Judge Jacob Fouke ,
and presented by him to me. I have a few of these old
books still, but some of the most ancient and rare have
fallen into the hands of the "filchers" of rare books,
who have always looted careless collectors. It may be
useful to students to state for their benefit my methods
of study.
I read carefully, with a glossary of law terms, and
made full notes. I did not in my notes, as a rule,

28 THE STORY OF AN EARNEST LIFE.
merely quote the language of the authors I read, but my
effort was to grasp the subject and state it in my own lan
guage ; my conception of the meaning of what I read
was often inaccurate, but I think on the whole the
method I adopted was preferable to any other. It pro
moted brevity and terseness, and aided systematizing
the knowledge acquired ; and I think my experience
justifies me in saying that knowledge of the law, ac
quired by this method, is much longer retained and more
easily and intelligently applied to practical use, than it
can be when the student merely masters words of his
author or instructor. I may add here, for I will probably
not return to the subject, that it is essential to a success
ful study of the law that the student should master the his
tory of the people with whom laws originate. Laws are
but expressions of the feelings, habits and necessities of
mankind, and can only be understood by a thorough
familiarity with their history, and of their applications
and uses. I read English history and Reeves' History
of the English Law with great profit.
I was aided in my studies by that great promoter of
diligence, poverty. I was compelled to earn something,
and as there were some sales of land, and the volumes
of the records were few, I examined titles and prepared
deeds, and soon found some employment before justices
of the peace.
It was not long before I found myself able to meet my
expenses which, with board at one dollar and a quarter
a week, did not exceed $100 a year. The only interrup
tion of my studies was, that my political friends insisted
that I should become a candidate for county clerk, in
opposition to John A. Chestnut, Esq., of this city
(Springfield) , now deceased, and who has been my per
sonal friend for more than fifty years.
Mr. Chestnut was then the clerk, and a candidate for
re-election. He was well qualified for the discharge of
the duties of the office, and was deservedly popular.
He was a Whig, and I know that the leaders of my

ADMITTED TO THE BAR. 29
party, when they insisted upon my candidacy in 1839,
had no expectation of my success, but they desired to
find employment for Mr. Chestnut, and preserve the
party organization.
The election was then held on the first Monday in
August ; we commenced the canvass in May ; I had no
money and needed none, for the candidates were wel
comed to the hospitalities of the people.
I borrowed a young and partially "broke" horse, and
rode over the country from house to house.
Public meetings were held in the few villages in the
county, and all the candidates were expected to make
"speeches," and sometimes a popular party leader, who
was not then a candidate for office, would address the
people. The apology for the appearance of non-candidates be
fore the people was the necessity for defending them
selves from some personal charge or charges, though it
was generally supposed the real object was to rally the
parties. I remember that a meeting at Stanton, one of the vil
lages in the county which was called to hear the candi
dates, was addressed by General John Harris, who was
a brigadier-general in the state militia, and had been
sheriff, was then a representative and afterwards a state
senator. He apologized for speaking by saying the Whigs had
invented and were circulating a charge against him
that he had "stolen a house;" he explained the trans
action from which the charge had originated, read cer
tificates from men in his neighborhood to support his
explanation, and was fully acquitted in the judgment of
his friends.
He was followed by the candidates according to some
theory of the relative dignity of the office to which they
aspired. I made a speech, defended myself against
some charges which were made against me — I have for
gotten what they were — and Mr. Chestnut, who was an

30 THE STORY OF AN HONEST LIFE.
agreeable, fluent speaker, edified the people. There
were charges against him, too, I think. He defended
himself successfully as it seemed to me.
When the election came off, he defeated me about one
hundred and twenty majority, but the other Democratic
candidates were elected.
My canvass made me acquainted over the county, and
at the same time I acquired many sincere and useful
friends .
I pursued my studies with great industry, and made
some progress in the acquisition of the knowledge
of the mysteries of the law, so that, in December,
1839, I borrowed five dollars from a friend to pay
my expenses, and as Mr. Greathouse was going to
Springfield in his own carriage, he invited me to ride
with him, which I did.
We started late in the day, and reached Auburn, a
mile or two west of the present town of Auburn, which
is on the railroad, and stayed at a public house kept by
a Mr. Eastman, father of the late Mr. Asa Eastman, of
this city. I remember that my share of the night's ex
penses was twenty-five cents, and the bill of Mr. Great-
house, for himself and horse, was fifty cents. We
reached Springfield about noon the next day, and "put
up" at the "Globe Hotel," "Inn" or whatever was the
title of public houses then. "The Globe" was kept by
Colonel Spottswood, who, I soon learned, was a Virginia
gentleman of the old school.
I met Mr. Douglas soon after reaching the city ; told
him my business was to obtain a license to practice law.
He, with that cheerful kindness which always charac
terized him and made him so popular, with young men
particularly, made my application for admission ; had
himself and the late J. Y. Scammon appointed a com
mittee to examine me touching my qualifications to prac
tice law. He invited me to his room for examination,
where I met Mr. Scammon.
The committee treated me with great kindness, and

*22^J^ ctT&sec

<£&aZZ; S& J%&yh#2J „ ft?
%-«y ft^^ ^. O^iK^Tj^y

1

n

Ss

^T)

ADMITTED TO THE BAR. 31
made a favorable report. Mr. Douglas drew the license
and made the motion for admission. The license was
signed by two justices of the Supreme Court, Judges
Smith and Browne. I took the prescribed oath and
signed the roll, and was then a lawyer, lacking nothing
but learning, experience and clients ! I had money
enough to pay my hotel bills before leaving Spring
field, and I took "no thought for the morrow."
The legislature was then in session in Springfield,
and the city was filled with strangers, including most
of the public men in the state. I here saw, for the first
time, Lincoln, Baker, Calhoun, Field, Browning and
others, who were the party leaders of the day.
In the evening, after my arrival in Springfield, I at
tended a public meeting held in the Second Presby
terian meeting-house, which was then used by the House
of Representatives, and listened to speeches from Alex.
P. Field, John Calhoun, then of Springfield, 0. H.
Browning and Stephen A. Douglas. Field's speech
was an eloquent and most bitter arraignment of The-
ophiles W. Smith, one of the judges of the Supreme
Court. Judge Smith had held, in opposition to the
other members of the court, that the secretary of state
was subject to removal by the governor.
Field was secretary of state, and possessed a marvel
ous capacity for invectives, which he used unsparingly ;
Calhoun defended the judge with great dignity and
force ; Browning took sides with Field, and delivered a
most eloquent and attractive argument. He was fol
lowed by Douglas with characteristic ability. Dis
cussions of this character were kept up night after
night by Lincoln, Isaac P. Walker, then a member of
the legislature from Vermillion county and afterwards
United States senator for Wisconsin, and others.
"There were giants in those days." Not one of these
great leaders is now living. Field died in New Orleans ;
Walker, in Wisconsin ; Calhoun, in Kansas.
Mr. Greathouse, who had business before the Supreme

32 THE STORY OF AN EARNEST LIFE.
Court, stayed a day or two longer in Springfield, and
when he was ready we left Springfield early in the
morning and reached Carlinville before night, a distance
of thirty-eight miles ; the roads were good. The next
two or three weeks were to me the most wretched of my
life ; I had no money, I was in debt for a month's
board, I had no business and no prospect of getting any ;
my landlord was a generous fellow, but was nearly as
poor as I was ; he was in debt and needed money badly.
I still used Mr. Greathouse's office, I had no difficulty
in obtaining firewood for the office, for I could cut on
congress land and pay half for hauling, but when I went
to one of the stores to buy candles, which were twenty-
five cents a pound, I was refused credit. After about
two weeks of this life I tried a case before a justice
of the peace in Carlinville and got a fee of two dollars
and a half, I paid two dollars of this to my poor land
lord, Allison.
During the first week in January I traveled about
twelve miles to the head of Cahokia creek and tried a
suit, for which I received five dollars : after paying
Allison three dollars of this and fifty cents for the horse,
I took courage and started on foot to Edwardsville to
attend the circuit court of Madison county, which was
then in session ; Judge Sidney Breese, afterwards so
distinguished in the political and judicial history of the
state, presiding. It is thirty -five miles from Carlinville
to Edwardsville ; I walked the first day from Carlinville
to my father's, he lived near the road, ten miles from
Edwardsville. I spent the day with my father and the
following morning went to Edwardsville, stopped at a
public house kept by a man named Wilson with whom
I had a friendly acquaintance ; I explained to Mr. Wil
son that I had no money to pay bills, when without
waiting to hear more he told me, with a rough gener
osity I shall never forget, that I should stay with him
as long as I pleased, pay him what I could and if I
never could "it didn't made a d — d bit of difference."

ADMITTED TO THE BAR. 33
It can well be imagined that after this reception I felt
at home. I had known Judge Breese when I was
a boy, and the first law speech I ever heard was made by
him. He met and remembered me kindly, and soon after
assigned me to the defense of a poor fellow who was in
dicted for larceny ; I have often repeated the incidents of
this trial and the conduct of Judge Breese toward me, to
illustrate the wisdom of judges who treat young mem
bers of the bar with kindness.
Any lawyer may easily guess the character of the de
fense I made for this, my first, client. I had never be
fore appeared in the circuit court ; my client was un
questionably guilty, and the jury so found after very
brief hesitation. After the jury had found him guilty
I remembered that "according to the books," after a
verdict against his client, it was the duty of the lawyer
to make a motion for a new trial, and if that motion
failed then to move in arrest of judgment ; accordingly I
made a motion for a new trial for the usual formal
reasons .
I know I attempted to argue the motion, and although
at the time I was so embarrassed by the surroundings
that I then scarcely understood what I said, I was satis
fied soon afterwards when I heard from the judge that
I made a most learned and forcible argument.
When I had concluded my speech, whatever it was,
I was confused enough, but when Mr. Kitchell, the then
attorney-general, finished his caustic and almost con
temptuous reply, I was overwhelmed with confusion.
The judge, however, rescued me ; he noticed the
reasons I had assigned in writing for a new trial in
succession, and said that the learned counsel had sup
ported these reasons with great force of argument.
He stated what he said were the arguments I had used,
confessed he was impressed with their force, and then
proceeded to answer them with great deliberation, and
3

34 THE STORY OF AN EARNEST LIFE.
concluded by saying that the defendant had been ably
defended by learned counsel and tried by an intelligent
and impartial jury, and that he therefore felt con
strained to overrule the motion for a new trial and
render a judgment on the verdict.
I did not make a motion in arrest of judgment, but I
will confess that, for awhile after the judge had con
cluded, I believed I had really used the arguments that
he attributed to me, and then repeated and answered,
and, though I afterwards realized that both the argu
ments and the answers to them were the work of the
judge, he made an impression upon me that still remains,
and secured for himself my best personal services as long
as he had occasion for them, and he left upon my mind an
impression which I still retain — that Sidney Breese was
in all respects an ideal judge ; and, in view of his inapt-
ness as a politician, I have been inclined to repeat what
Dryden says of Shaftesbury :
" In Israel's courts, ne'er sat an Abeth-din
With more discerning eyes, or hands more clean,
Unbribed, unsought, the wretched to redress,
Swift of despatch, and easy of access.
0, had he been content to serve the crown
With virtues, only proper to the gown ;
Or, had the rankness of the soil been freed
From cockle that oppressed the noble seed,
David, for him, his tuneful harp had strung
And Heaven had wanted one immortal song."
The judge was, for some reasons, a failure as a poli
tician, but his preeminence as a judge has never been
disputed. In the May following my admission to the bar, a term
of the circuit court was held in Macoupin county, and I
was appointed, in conjunction with Mr. Chestnut, and
a lawyer by the name of Fiske, who lived at Hillsboro,
to defend Aaron and William Todd, brothers, who were
indicted for the murder of their cousin, Larkin Scott.
This murder was so remarkable in its circumstances
that it excited the greatest horror in the minds of the

ADMITTED TO THE BAR. 35
people, who, though not unfamiliar with violence, were
shocked at what was manifestly a cold-blooded, deliberate
assassination. The Todds and Scott, their victim, lived in Indiana,
and had during the latter part of the winter visited some
relatives in Illinois. At the time of the murder they
were traveling on foot across the then unsettled prairie,
near the head of Sugar creek, along the road from Jack
sonville to Hillsboro.
At a point several miles distant from any house, Scott
was killed, and an attempt was made to conceal the body,
which was found after some days. The men in the
neighborhood in which the body was found ascertained,
at the house where the parties had spent the night be
fore the murder, the name of the man killed, as well as
the name of his companions. They had told the people
of the house where they lived and to what point they
were traveling. A pursuing party overtook the Todds
before they reached their destination ; they were brought
back to Carlinville and committed to jail. Before the
trial, Aaron Todd, the elder of the brothers, confessed
the killing, and exonerated William.
The result of the trial was that Aaron was convicted,
and afterwards hung ; William was acquitted.
It is probable that the brothers killed the poor man to
get possession of a few dollars (sixteen, it was said) ,
and that Aaron took upon himself the entire responsi
bility of the murder in order to shield his brother.
Such was his statement after William had been ac
quitted and hastily left Carlinville, manifesting no
further interest in the fate of Aaron.
By this time my business had so increased that it af
forded me means of support, according to the simple
habits of the times, and I think I may say that, from
that time to the present, I have never seen a day when
I was without employment. I do not mean to say I
have worked every day, but that, if idle, it was not be
cause I had not something to do.

36 THE STORY OF AN EARNEST LIFE.

CHAPTER V.
Canvass of 1840— Impressions of Harrison and Van Buren — Disappoint
ment of the Whig party — Scale of legal fees and prices of lands —
My marriage in 1842 — Lawyers as politicians — Elected probate jus
tice of the peace in 1843.
I" have now reached a period at which almost every
kind of business was abandoned, and the people gave
themselves up to the excitement which attended the
memorable political canvass of 1840.
Mr. Van Buren was the Democratic candidate for the
presidency, and General William Henry Harrison was
the candidate of the Whigs. Mr. Van Buren, elected in
1836 as the favorite of General Jackson, was never pop
ular in the West or South. General Jackson had, by
the vigor of his administration, his determined purpose
and efforts to crush out the dangerous heresy of nullifica
tion given mortal offense to Mr. Calhoun, its author and
champion, and his followers.
He had also made enemies of the commercial classes
by his overthrow of the bank of the United States. The
enemies of Mr. Van Buren, who were also the enemies
of General Jackson, pretended to attribute to the advice
and management of Mr. Van Buren those acts of
General Jackson, of which they complained (commercial
distress not attributable to the financial policy of Jack
son or Van Buren, but to the wild and unreasonable
spirit of speculation) , which prevailed all over the coun
try and especially in the West, filled the minds of the
people with the most profound and widespread dis
content. General Harrison, too, had considerable military
reputation acquired during the then late war in cam
paigns against the British and the Indians in the North
west.

IMPRESSIONS OF VAN BUREN AND HARRISON. 37
These causes enabled the opponents of Mr. Van Buren
to unite upon General Harrison, whose amiable personal
qualities and negative political character repelled none.
No political contest in the history of the country was
characterized by more bitterness than that of 1840.
Men of all classes participated in the canvass, while
popular partisan orators never distinguished themselves
more. The Whig party in Illinois at that time contained
many men distinguished for eloquence ; among the most
eminent were Colonel E. D. Baker, then a resident of
Springfield (who afterwards distinguished himself in
congress, representing in succession two districts remote
from each other in Illinois, and afterwards in California
by his matchless funeral oration upon Broderick, and
then as senator from Oregon, and who perished at Ball's
Bluff, during the civil war, in one of those affairs where
his bravery by no means atoned for his want of pru
dence) , Lincoln, Browning and John Hogan, then a
Methodist preacher ; while Douglas and Breese, Lam-
born and Calhoun, their equals, championed the De
mocracy. The state elections held in August before the presi
dential election, then as now held in November, indi
cated the defeat of Mr. Van Buren, but did not give
warning of the total overthrow of the Democratic party
which happened in November.
I took part in the canvass for Mr. Van Buren, and be
lieved then, as I do now, that he was a great statesman,
devoted to sound principles and eminently patriotic.
The election of General Harrison was soon after followed
by his death, and the discordant elements, which had
united to elect "Tippecanoe and Tyler, too," separated,
never again to be reunited — their only bond of union
was their opposition to Mr. Van Buren. The political
combination which placed Harrison and Tyler upon the
same ticket had no common principles, and the accession
of Tyler to the presidency destroyed it.
The Whig party proper, which was made up of the

38 THE STORY OF AN EARNEST LIFE.
protectionists, supporters of the National Bank, and the
remnants of the Federal party (for the sake of success) ,
abandoned Mr. Clay, its true representative and leader,
and nominated General Harrison for the presidency on
the ground of mere availability. The selection of John
Tyler as a candidate for vice-presidency, who was an
enemy of protection and the banking system, an ultra
states' rights man and admirer and follower of Mr. Cal
houn, was the price paid by the Whig party in order to
secure the cooperation of the southern leaders.
This became manifest upon the accession of Tyler to
the presidency after the death of Harrison. After a
violent struggle between the Whig leaders and Tyler, the
latter threw himself into the arms of the Nullifiers,
called Mr. Calhoun and other men of uncertain political
character to his cabinet, and entered upon a line of
policy which enabled the Democratic party, by an alli
ance with the southern leaders to carry the election of
1844, electing James K. Polk to the presidency, and de
feating Mr. Clay, under whose leadership the Whigs in
that year attempted to rally.
I return from this digression and continue my per
sonal narrative. After the election of 1840, I continued
the practice of my profession with great industry, and
won a fair share of the very small amount of legal busi
ness that reached the courts.
The scale of legal fees charged and collected by
lawyers would not be very attractive to the profession of
to-day. It is, perhaps, correct to say, that ten dollars
would be the full average fee for the trial of a suit in
the circuit court, while two dollars and a half, and five
dollars, were the amounts usually charged before a
justice of the peace. But this mere statement of the
rates of professional compensation reflects very little
light upon the actual state of the business of the country.
Public lands could still be entered at the landoffice at
one dollar and twenty-five cents per acre ; improved
farms that are now worth fifty dollars could then be

IMPRESSIONS OF VAN BUREN AND HARRISON. 39
bought for five dollars an acre ; the means of sustenance
were abundant and cheap ; the habits of the people were
simple and inexpensive, so that while the comforts and
luxuries of modern life are now more abundant, the
people were then far more independent than they are at
present. On the twentieth day of December, 1842, I was mar
ried to Miss Malinda Ann Neely, daughter of Mr. James
Neely, of Carlinville.
She was born in Kentucky, and was very young at
the time of our marriage, but within a few days after
wards we went to housekeeping, neither of us needing
any assistance. I had no home for her, but we found a
snug, hewed-log house, which I rented for four dollars
per month. It stood upon the ground now occupied by
the magnificent "Macoupin Court House ;" her mother
gave her the "Illinois fortune," a feather bed and its
equipments. I had a bureau, which still stands in my
home in Springfield, "none the worse for wear," and
which I always insisted to her was an equivalent for the
bed and its furnishings. A local mechanic made for us
a walnut table, and with twenty-five dollars worth of
the simple household and kitchen furniture, which was
common at that time, a little sugar and coffee, some
flour and a ham, I, proud of my new position, the head
of the family, "Felt that swelling of the heart
I ne'er shall feel again."
She was a true and devoted wife and mother, and a
sincere Christian.
Ten children were born to us, six of whom survived
her. On May 9, 1885, she died of that incurable disease,
consumption, and sleeps in our little private cemetery
at Carlinville, with the four of our children who pre
ceded her.
When I left home on May 15, 1861, to assume com
mand of the regiment to which I had been elected,
she remained with five of our children, all of whom

40 THE STORY OF AN EARNEST LIFE.
needed her care, I expected to return within a few
months, at most. I was only occasionally at home, but
my military service ended by the acceptance of my
resignation as Major-General of Volunteers, on Septem
ber 1, 1866.
She never failed in her duty to our children, while the
anxieties she suffered on account of her husband and two
of her brothers who were in the army, must be left to
the imagination of those who had like experiences. I
have never doubted but that the wives of soldiers en
dured and suffered far more than did the soldiers them
selves. To go back to the period to which I have adverted, it
ought to be said that in a new country, as Illinois was
then, lawyers from their relations to the people, were
more or less necessarily politicians and office seekers.
There were then no railroads, telegraphs or telephones,
nor "the daily newspaper," which by the railroads is
now delivered on the day of its publication, at nearly
every postoffice in the state.
It was then the habit of the lawyers to "goon the
circuit," and some of them, like Lincoln, would follow
the judge and go to all the courts in the circuit, and as
all were partisans, the more ready and ambitious of them
would on the first day of the term, at the adjournment
of the court at noon or in the evening after the ad
journment of the court, make a speech either assailing
the party opposed to him, or defending his own party,
or both. Some orator would reply to him on the next
day or evening, and thus the debate was kept up until
the close of the term. The terms of the courts at that
time lasted but four or five days, and it was easy to find
amongst the lawyers in attendance speakers to fill up the
time. The people who attended the courts expected the
lawyers to speak, and such speeches afforded the only
political information accessible to them. Some of the
lawyers were more indebted to their adroitness as po-

IMPRESSIONS OF VAN BUREN AND HARRISON. 41
litical speakers than to their legal knowledge for their
popularity at the bar.
In 1843, I became a candidate for an office, which no
longer exists, that of "probate justice of the peace."
The office Avas abolished by the constitution of 1848,
which created county courts with similar and more ex
tended jurisdiction. The probate justices of the peace
were elected by the legal voters of the whole county for
the term of four years ; they had probate jurisdiction,
and had also the civil and criminal jurisdiction of ordi
nary justices of the peace. The probate justices were
their own clerks, and were paid by fees. I was elected
by a large majority of votes. During the canvass, I
made speeches, as did my opponent and the candidates for
other county offices . I do not remember the topics we
discussed, other than that I was charged with abolition
ism, and defended myself by proving that I was a con
tributor to the "American Colonization Society." I
kept no account of the fees received from this office, nor
of my prof essional earnings, but they probably amounted
to some seven hundred dollars per annum.
Between 1843 and 1849, I bought a house in Carlin
ville and three lots for $200. I spent $100 or more in
altering and repairing the house, and purchased text
books and reports, and in that way provided myself with
a respectable law library. I mention the price at which
I purchased the house and three lots in Carlinville to
justify a statement which I now make that there never
was a time in the history of Illinois when the prices of
all property, real and personal, were as low as from 1840
to 1848 . Pork and beef were worth one and a half and two
cents a pound, horses were lower in price than they are
now, in this age of electricity, bicycles and horseless car
riages, and I remember that soon after my marriage I
bought from an acquintance an excellent cow and her
calf, for which I paid ten dollars, and he afterwards
boasted that he beat me in the transaction, the average
price of such cows as I bought being about eight dol-

42 THE STORY OF AN EARNEST LIFE.
lars ; common labor was fifty cents a day, and plows and
harrows and other agricultural implements were made by
the local mechanics.
I was married on the 20th day of December, 1843, and
within a few days thereafter, I was employed to attend a
suit before Squire Stewart, who lived fourteen miles north
of Carlinville. I hired a horse to ride for fifty cents a
day, and appeared before the "squire" for my client.
My defense was usury. When I reached the office of
Justice Stewart, I was confronted by a letter to the jus
tice from Major P. H. Winchester, an old lawyer in Car
linville, who had the full confidence of the justice, in
which he said, "that as there were no pleadings before
justices of the peace, it could not appear by the plead
ings that the fact of usury was put in issue, and de
fendant could not therefore become a witness."
I knew that it would be useless to argue to Justice
Stewart that Major Winchester was wrong, but I knew
him to be a conscientious, honest man, so I insisted that
as the statute gave the defense of usury, a justice, who
was bound to give full effect to the statute, ought to dis
miss the suit, in order to give the maker of the note an
opportunity to plead his defense, and as the plaintiff was
alive, to become a witness.
The justice dismissed the suit. I charged my client
five dollars, and he asked me if I "would take my fee
in cornmeal?"
Being the head of a family, but wholly ignorant of
its wants, I told him I would. A few days afterwards,
he came to my office, and told me that he "would have
brought all the meal he owed me if he had had barrels
enough to hold it, but as he had only six barrels he had
only brought eighteen bushels." I went to the house,
saw the cornmeal, and told my client that I forgave him
the balance he owed me.
As my family consisted then of myself and wife only,
it may well be guessed that my neighbors profited by the
distribution of the meal.

CONSTITUTIONAL CONVENTION OF 1847. 43

CHAPTER VI.
Elected a delegate to convention of 1847— Constitutional provision in
regard to banks — Provisions in regard to negroes — Incident in re
gard to Revered Albert Hale — Investment of school money — In re
gard to dueling — Township organization law.
On April 3, 1847, I was elected a delegate to a con
vention which was called in pursuance on an "Act to
provide for the call of a convention to revise the Con
stitution of the State of Illinois," and the convention
was required to meet on the first Monday in June,
1847. The county of Macoupin was democratic, but
the people refused to be controlled by mere partisan
considerations, but elected Captain James Graham to
be my colleague, defeating Benjamin R. Barr, Esq.,
who was the democratic candidate ; Lewis Solomon,
senior, was also a candidate for a seat in the conven
tion, and received two hundred and sixty-one votes, de
feating Mr. Barr. The convention assembled on June
7, 1847, and organized by the election of Newton
Cloud, of Morgan county, president, Henry W. Moore,
secretary, and John A. Wilson, sergeant-at-arms.
Being in favor of publicity, I offered a resolution in
viting the editors and reporters of the state to seats
within the bar, which was adopted, and I was assigned
at my own request to the committee on education.
On the 10th day of June, I offered a resolution proposing
a scheme for the re-organization of the judicial depart
ment of the state government. It was in substance,
"that the judicial system of this state shall be com
posed of a supreme court, circuit courts and such in
ferior courts as shall be established by law. That the
supreme court shall be composed of not less than three
nor more than five judges, who shall be appointed by
the governor, by and with the advice and consent of the

44 THE STORY OF AN EARNEST LIFE.
senate, and shall hold their offices for the term of ten
years, and shall receive for their services a compensation
not exceeding twelve hundred dollars per annum, and
shall be ineligible to any other office for and during the
term for which they shall have been elected." "That
the state shall be divided into a convenient number of
judicial circuits, and in each of these circuits there shall
be elected by the legal voters thereof a judge who shall
hold his office for the period of ten years, who shall re
ceive for his services the sum of one thousand dollars
per annum, and shall be ineligible to any other office
for and during the term for which he shall have been
elected. Each of which said judges shall appoint a
clerk of said court in each of the counties of his cir
cuit, who shall hold his office for and during the term
for which said judge shall have been elected."
The resolutions expressed at the time my ideas of the
proper organization of the judicial department of the
state government, but I am now convinced that popular
elections afford the most satisfactory method of filling
judicial places. At that time the population of the
state was sparse, its means of communication imperfect,
and while my scheme proposed the election of circuit
judges by the people of the circuits interested, it con
templated an appointment of the judges of the supreme
court by the governor, subject to the confirmation by
the senate.
On June 14, 1847, Mr. Markley, a delegate from
Fulton county, offered a resolution that the "committee
on incorporations be and they are hereby instructed to
report an amendment to the constitution prohibiting
forever wTithin this state the incorporation of any bank,
or company for banking purposes, and the manufacture
and emission by any company, copartnership, or in
dividual, of any banknote, or other paper, designed to
circulate as paper money."
Mr. Pratt moved to amend the resolution offered by

CONSTITUTIONAL CONVENTION OF 1847. 45
Mr. Markley by striking out all after the word "re
solved," and inserting as follows :
"1. There shall be no bank of issue or of discount
within this state.
"2. The legislature shall not have power to authorize
or incorporate by any general or special law any bank
' or other institution having banking power, privileges,
or to confer upon any corporation, institution, person or
persons any banking power or privileges.
"3. It shall not be lawful for any corporation, insti
tution, person or persons within this state, under any
pretense or authority, to make or issue any paper money,
note, bill, certificate or other evidence of debt intended
to circulate as money.
"4. It shall not be lawful for any corporation within
this state, under any pretense or authority to exercise
the business of receiving deposits of money, making dis
counts or buying or selling bills of exchange, or to do
any other banking business whatever.
"5. No bank, or agency of any bank, or banking in
stitution of the United States, or any other state or terri
tory within or without the United States, shall be es
tablished or maintained within this state.
"6. It shall not be lawful to circulate in this state,
after the year 1848, any paper money, note, bill, certifi
cate or other evidence of debt whatever, intended to cir
culate as money, issued without this state, of any de
nomination less than ten dollars ; after the year of 1850,
of any denomination less than twenty dollars.
"7. All payments made, or business transactions done,
in paper money in this state, and coming within the
meaning of the last section, are declared to be utterly
void, and the legislature shall at its first session after
the adoption of these amendments, and from time to
time thereafter as it may be necessary, enact adequate
remedies for the punishment of all violations and
evasions of the provisions of the preceding section . ' '
Mr. Laughlin moved to amend the amendment as fol-

46 THE STORY OF AN EARNEST LIFE.
lows : "That the legislature of this state shall have no
power to incorporate any bank, or banks, or other
moneyed institution, without such act of incorporation
being first sanctioned by a direct vote of the people of
this state."
I was opposed to all banks of issue, and sought, as far
as possible, to limit the circulation of bank-bills in this
state, hence I favored Mr. Markley 's proposition, which .
was simply to prohibit the creation of banks and the cir
culation of all bank-notes, and impose the duty upon the
legislature of passing laws prohibiting the emission of
any paper designed to circulate as money.
The combined propositions of Messrs. Markley and Pratt
were never able to command more than fifty -eight votes.
In the first instance, the several propositions were referred
to the committee on corporations, but the subject con
stantly recurred during the session of the convention.
On June 24th, I addressed the convention, and said:
"I think the friends of the banks ought to come forward
with their propositions. . . . We were altogether
on the defensive, . . . the question of banks was
the most important one that would come before the con
vention, as it would affect the future interest and pros
perity of the state, and it depended upon our resistance
to defeat the evils of the system : if we were to be
beaten, and the state was to have banks, I would prefer
that the friends of these institutions should prepare that
system which their wisdom and experience should sug
gest — if the rights of the people were to be invaded, let
it be done by the friends of the system."
In reply to Mr. Thomas, I said: "I am certain that
no one dares send to the people a system of banks with
out many restrictions."
"He stood there upon the side of the people, behind a
prohibitory clause in the constitution, and while his
party presented a perfectly invulnerable barrier to pro
tect the people from any system of banks or banking, the
other party were compelled by their duty to the people

CONSTITUTIONAL CONVENTION OF 1847. 47
of the state to come forward with a restrictive policy,
something put around the plan to sweeten the dose, and
showed that they were unwilling to turn the monster un
restricted upon the people."
The convention finally adopted the views of Mr.
Laughlin, and by the seventh section of the 10th article
of the constitution, made provision :
"1. That no state bank shall hereafter be created, nor
shall the state own, or be liable for, any stock in any cor
poration or joint stock association for banking pur
poses hereafter to be created.
"2. The stockholders in every corporation or joint
stock association for banking purposes, issuing bank
notes or any kind of paper credit to circulate the money,
shall be individually responsible to the amount of their
respective shares of stock, in any such corporation, or
association, for all of its debts or liabilities of any kind.
"3. No act of the general assembly authorizing cor
porations or associations with banking powers shall go
into effect, or in any manner be in force, unless the same
shall be submitted to the people at the general election
next succeeding the passage of the same, and be ap
proved by a majority of all the votes cast at such elec
tion for and against such law."
On June 25th, Mr. Bond, a delegate from Clinton
county offered a resolution directing the committee on
the "bill of rights" to report a clause for the new con
stitution, prohibiting free negroes from hereafter emi
grating to and settling within the bounds of this state,
and to prevent the owners of slaves in other states from
bringing them into and setting them free in this state,
with such penalties as will be calculated to effectuate the
object in view.
Mr. Adams, of Kane county, moved to strike out all
after the word "resolved" and insert the words "that
the legislature shall have no power to pass laws of an
oppressive character applicable to persons of color."
Upon a motion to lay upon the table, I voted with the

48 THE STORY OF AN EARNEST LIFE.
majority opposing any provision in the constitution in
regard to negroes.
I said, in substance, "I thought the introduction of
this subject into the convention was unwise, and would
be productive of no good. Almost all the evil growing
out of the excitement upon this question had been pro
duced by persons occupying the extremes of both parties. ,
On the one side were those who were honest, sincere '
and consistent in their opinions, and men of the most
respectable character, who devote all their zeal, ardor
and means for the accomplishment of their object, men
of one idea. On the other side was a class of persons
who, to check abolition, use the most violent language
and often occupied very untenable ground, and they to
gether have contributed more than anything else to
create the excitement on this question. I would ask
gentlemen to reflect upon the consequences of the adop
tion of this provision. If it was adopted, and its pro
visions inserted in the constitution, a large class of per
sons would oppose it. Why then unnecessarily provoke
a battle against the constitution? Intemperance on the
one side was as objectionable as on the other. Every
impulse of my heart and every feeling is in opposition
to slavery, and if my acts or votes here would do any
thing to ameliorate the condition of those held in bond
age, no man would exert himself more zealously than I ;
no one would do more to remove the great stain of moral
guilt now upon this great republic ; but I look upon every
proposition either for or against that object as checking
the good work."
This speech was quoted on me at "Dry Fork" on elec
tion day, and resulted in the fact that every vote (twenty-
three) cast in the precinct was for my opponent, who
was elected probate justice of the peace by twenty-seven
majority. Early in the session, the convention had passed a
resolution inviting the ministers of the city of Spring
field to open the convention with prayer, one of whom

CONSTITUTIONAL CONVENTION OF 1847. 49
was the Rev. Albert Hale, who, from his services,
merited the title so lovingly given him of "Bishop of
the Highways and Hedges," and who was one of the
purest men in the state.
Mr. Akin, who had not attended the service, offered
the following resolution: "Whereas, Mr. Hale, in a
sermon on July 11th, in the Second Presbyterian Church,
denounced the existing war with Mexico as being un
just ; and whereas, such declarations ought not to be
tolerated, more especially in a republican government ;
and whereas, it is unbecoming a minister of the gospel
to use such language in a gospel sermon or before the
young and rising generation ; therefore, resolved, that
Mr. Hale be excused from holding prayers in this con
vention for the future."
A vote was taken, but no quorum having voted upon
a motion to lay this resolution upon the table, Mr. Camp
bell (of Jo Daviess) moved that "Rev. Mr. Hale be ex
cused from service as chaplain in this convention."
Mr. Knapp, of Scott, offered the following, that "this
convention highly appreciates the services of the volun
teers, both officers and privates, of this state who
have periled their lives in the cause of our common
country in the war with Mexico ; that their fame is es
tablished upon an immovable basis, far above the reach
of calumny, having earned for themselves a character
that needs no vindication, and which cannot be impaired
by detraction." Mr. Campbell moved to amend by
adding the following, which was adopted: "And that
this convention highly deprecate all reflections prejudicial
to the volunteers coming from the pulpit or any other
source . ' '
Mr. Palmer, of Macoupin, moved the following resolu
tion as a substitute for the resolution as amended :
"Whereas, all men have a natural and indefeasible right
to worship Almighty God according to the dictates of
their own consciences, and that no human authority can,
4

50 THE STORY OF AN EARNEST LIFE.
in any case whatever, control or interfere with the rights
of conscience ; and, whereas, liberty of speech is one of
the invaluable rights of a free people, being responsible
to the laws of the land for any abuse thereof ; therefore,
resolved, that, while as individuals we dissent from
many of the positions assumed by the Rev. Mr. Hale, as
they have been reported to this convention, we disclaim
all censorship over the pulpit, or of the opinions ex
pressed therefrom, inasmuch as such censorship is in
violation of the rights of the reverend gentleman, and
beyond our legitimate sphere." — Convention Journal,
184.7, page 167 et seq.
The resolution was laid on the table by a close vote,
after a debate, in which many leading members of the
convention took part, and the preamble was referred to
the committee on the bill of rights, but the controversy
ended at that point, all parties being satisfied that the
introduction of the subject was unfortunate. Mr. Hale,
on the morning of Monday, July 19th, officiated at the
opening of the convention, and as he left the hall a cir
cumstance occurred which is sufficiently explained by
the preamble to a resolution offered by Mr. Knapp, of
Jersey, which is as follows: "Whereas, a respectable
minister of the gospel, whilst attending the convention
to open the session by prayer, under a resolution of the
convention, has been grossly insulted and menaced with
bodily injury by a member of the convention ; and,
whereas, it is alike due to the convention, and to the
ministers, that we should not invite them to perform that
duty, unless we could secure them against such indigni
ties ;" to this preamble was added, that the "resolution
inviting the clergymen of Springfield to open the session
with prayer," be rescinded, and that the secretary be
instructed to inform said clergymen of the same, with
the assurance of the convention that "this step is not
adopted from any dissatisfaction with the manner in
which they have discharged their sacred duty, but solely
from an unwillingness to subject them to a repetition of

CONSTITUTIONAL CONVENTION OF 1847. 51
such indignities." Mr. Aiken was the member referred
to in Mr. Knapp 's resolution. It is not much to the
credit of the convention that this preamble and resolution
were adopted without a word of debate. I remember
my own feelings of humiliation when I witnessed their
adoption, and I saw in the countenances of others that
their feeling was like my own.
An attempt was subsequently made in the convention
to recover what was lost by the passage of Mr. Knapp 's
preamble and resolution, for, on the 26th of July, the
convention, on motion of Mr. Hays, a delegate from
White county, "Resolved, that so much of a preamble
and resolution in relation to the chaplains of this body
(which appears on the Journal of Tuesday last) assumes
that this convention is not able and willing to protect
itself and officers from interruption and insult, while in
the discharge of their duties, be rescinded ; resolved,
that the president be requested to open the morning
session with prayer ;" which was adopted unanimously.
Mr. Hale was an extraordinary man ; the proceedings
with reference to him were made the subjeet of news
paper comment, and, while he exhibited some emotion,
he merely said to me : "I thank you ; I hope you may
live to be useful."
Controversies in regard to the chairmanship of the
committee on education, or the leadership of that com
mittee, between Mr. Campbell, of Jo Daviess, and Mr.
Edwards, of Madison, made it my duty to prepare a re
port from that committee, which I did, as follows :
"Article — , Sec. 1. The moneys received from the
United States under the provisions of an act of congress
of April 18, 1818, for the encouragement of learning,
constituting 'the school fund,' and that bestowed on a
college, or university, constituting the 'college fund,'
as well as that arising from the sale of lands granted for
the use of a seminary of learning, constituting 'the
seminary fund,' with all additions which have been or
may hereafter be made to said funds, or any of them,

52 THE STORY OF AN EARNEST LIFE.
shall remain perpetual funds and be held by the state
for the uses and purposes aforesaid, the annual in
terest only to be applied to the support of the schools,
a college, or seminaries, under the authority of the gen
eral assembly.
"Sec. 2. Officers and trustees having the care or con
trol of any school, college, or seminary funds, or any
school fund or any township in this state, for investment,
may purchase therewith or invest the same in the bonds
of this state, at their market value, under such regula
tions as the general assembly may prescribe, and it
shall be the duty of the general assembly to provide for
the prompt payment of the interest of such bond, so
purchased as aforesaid, as the same becomes due : Pro
vided, that the general assembly may hereafter prohibit
or restrict such investments as the public good may re
quire. "Sec. 3. It shall be the duty of the general assembly
to provide for a system of common schools, which shall
be as nearly uniform as may be throughout the state,
and such common schools shall be equally free to all
children in the state, and no sectarian instruction shall
be permitted in any ofthem.
"Sec. 4. The superintendency of public instruction
in this state shall be vested in an officer to be styled 'the
superintendent of common schools,' and such county and
local superintendencies as may be established by law.
"Sec. 5. At the first session of the general assembly
after the adoption of this constitution, and biennially
thereafter, it shall be the duty of the governor, by and
with the advice and consent of the senate (a majority of,
all the members elected thereto concurring therein) , to
appoint a superintendent of common schools, who shall
hold his office for the term of two years, and shall perform
such duties and receive such salary as the general assem
bly may prescribe : Provided, that vacancies occurring in
said office by death, resignation, refusal to act, or other
wise, may be filled by the governor, and persons thus

CONSTITUTIONAL CONVENTION OF 1847. 53
appointed shall continue in office until the end of the
next session of the general assembly.
"Sec. 6. The preceding section shall continue in
force for the term of six years from and after the time
at which such first appointment is made in pursuance
thereof, and no longer, after which time the general as
sembly may provide for the continuance of said office of
for the election of such office by the people."
To some members of the convention the proposition
to invest the school funds at their market value, when
it was known that they were not worth more than fifty
cents on the dollar, had the appearance of repudiation.
I thought differently, and supposed that the investment
of the school funds in state bonds was legitimate ; but
there was another interest that opposed the report. That
was, that it required the legislature to provide a system
of common schools, which "shall be as nearly uniform as
may be throughout the state, and such common schools
shall be equally free to all the children throughout the
state." A majority of the convention supposed that this would
give negroes a chance to enter the schools, aud therefore
opposed the report.
It ought not to be considered a reproach to the people of
Illinois that they were not prepared for the admission of
negroes into the schools at that time, when the same sub
ject is still a matter of dispute in the state.
I supported the "two mill tax" introduced by Mr. Ed
wards, of Madison county. The object of this provision
was the imposition of a tax of two mills upon all the prop
erty in the state. It provided that the "fund so created
shall be kept separate, and shall annually, on January
1st, be apportioned and paid over, pro rata, upon all such
state indebtedness, other than the canal and school in
debtedness, as may for that purpose be presented by the
holders of the same, to be entered as credits upon, and
to that extent, in extinguishment of the principal of
said indebtedness."

54 THE STORY OF AN EARNEST LIFE.
This separate article of the constitution was adopted
by the people, and did more to establish and maintain
the credit of the state than any other measure.
The history of the dueling clause in the constitution
is a very curious one.
Messrs. Campbell and Pratt, both of Jo Daviess county,
became involved in a controversy as to their respective
positions as to alien suffrage. It is not important which
was the challenger, but it led to the adoption of that
stringent clause in the constitution that "from and after
the adoption of the constitution, every person who shall
be elected or appointed to any office of profit, trust or
emolument, civil or military, legislative, executive or
judicial, under the government of this state, shall, be
fore he enters upon the duties, in addition to the oath
prescribed in this constitution, take the following oath :
'I do most solemnly swear (or affirm) as the case may
be) , that I have not sent or accepted a challenge to fight
a duel, the probable issue of which might have been the
death of either party, nor have been a second to either
party, nor in any manner aided or assisted in such duel,
nor been knowingly the bearer of such challenge, or ac
ceptance, since the adoption of the constitution, and
that I will not be so engaged or concerned, directly or
indirectly, in or about such duel, during my continuance
in office, so help me God.' "
After the convention closed, I prosecuted my profes
sion, and in the meantime my successful opponent, Col
onel Seborn Gilmore, having resigned, I became a candi
date again at the special election held in May, 1848, for
the office of probate justice of the peace, and was elected
to fill the vacancy, against Mr. Harmon V. A. Tap-
pan, by a majority of 410 votes.
On the Tuesday after the first Monday in November
(to which time the election had been changed by the
constitution of 1848) , I was a successful candidate for
the office of county judge under the new constitution,

CONSTITUTIONAL CONVENTION OF 1847. 55
with James Bredan and George A. W. Cloud (brother
of the president of the convention) my associates.
One question we had to settle was whether township
organization had been adopted in Macoupin county.
The constitution of 1848, so called on account of the
time of its adoption by the people, provided "that the
general assembly shall provide by a general law, for a
township organization, under which any county may
organize, whenever a majority of voters of such county
may determine, and when any county shall adopt a
township organization, so much of this constitution as
provides for the management of the fiscal concerns of
said county, by the county court, may be dispensed
with, and the affairs of said county may be transacted
in such manner as the general assembly may provide."
At the time of the adoption of the constitution of 1848,
the townships of 11 and 12 N. 6 W. were so sparse that it
was doubtful whether they would be able to furnish the
men to hold the offices created by the township orgi-
zation law ; Virden was not laid out, and Girard was
but a brick kiln. It was finally agreed by the county
board of Macoupin that the opinion of Judge Stephen
T. Logan should be taken upon the question as to
whether township organization was or was not adopted.
Macoupin gave a majority of the votes cast upon the
question at the election for township organization, but
it did not give a majority of all the votes cast at that
election for township organization.
It was agreed that I was to obtain the opinion of
Judge Logan, and I went to Springfield for that pur
pose, on horseback, there being no railroad.
He decided that the township organization law had
not been adopted by this county, giving a written opinion,
for which he charged me ten dollars.

56 THE STORY OF AN EARNEST LIFE.

CHAPTER VII.
Elected to the senate 1851 — The Logan Law — Major Beatty T. Burke —
Quarrel with Douglas.
I was elected to the state senate in 1851, and attended
a called session which was held at Springfield, begin
ning on June 7, 1852. I offered resolutions deploring
the death of my predecessor, Hon. Franklin Witt, who
had resided in Green county.
I was placed on the committee on incorporations,
and introduced a bill for amendment to the law exempt
ing homesteads from executions and other measures of
like character. In 1853, I appeared at the regular
session of the legislature, which commenced January
3d of that year. The session was organized with Hon.
William McMurtry, lieutenant-governor, in the chair ;
R. E. Goodell, secretary, and I was assigned to the
chairmanship of the committee on incorporations. At
that session I introduced a bill "for an act to prevent
fraudulent banking," and voted in caucus, as well as in
joint session, for Stephen A. Douglas as senator in the
senate of the United States, and took part in the joint
session for canvassing the votes for governor. It may
be interesting to know that Joel A. Matteson had eighty
thousand, seven hundred and eighty-nine votes, and E.
B. Webb had sixty thousand, four hundred and eight.
This session was remarkable for the interest taken and
the agitation of the temperance question. The legisla
ture passed an act very much resembling the Maine
liquor law, referring the question of the adoption of the
law to the voters of the state at the following general
elections. On January 25th, I offered a resolution for
submission to the people, "an amendment to the con
stitution providing a salary of two thousand dollars to
the judges of the supreme and circuit courts of the state

STATE SENATOR— J. A. LOGAN— S. A. DOUGLAS. 57
in place of fifteen hundred allowed them by the clause
of the constitution proposed to be amended."
It may be interesting in this connection to state that
the present salary of a supreme judge is seven thousand
dollars, and that of a judge of the circuit court is five
thousand. I also introduced a bill for the "repeal of an act to
establish a general system of banking." A bill was
passed at this session changing the name of "Fevre"
river to that of "Galena."
At this session of the general assembly an act was in
troduced by John A. Logan, a representative from
Williamson county, entitled "an act to prevent the
immigration of negroes into this state." The act pro
vided that "If any person or persons shall bring or
cause to be brought into this state any negro or mulatto
slave, whether said slave is set free or not, shall be
liable to an indictment, and upon conviction thereof be
fined for every such negro or mulatto the sum of not
less than one hundred dollars nor more than five hun
dred dollars and imprisoned in the county jail not more
than one year, and shall stand committed until said fine
and costs are paid. . . . Provided that this section
shall not |be construed so as to affect persons or slaves
bona fide traveling through this state from and to any
other state in the United States . ' '
Section 3 of the act provides that "if any negro or
mulatto, bond or free, shall hereafter come into this
state and remain ten days, with the evident intention
of residing in the same, every such negro or mulatto
shall be deemed guilty of a high misdemeanor, and for
the first offense shall be fined the sum of fifty dol
lars, to be recovered before any justice of the peace in
any county where such negro or mulatto may be found.
. . ." Section 4 provides, "if said negro or mulatto
shall be found guilty and the fine assessed be not paid
forthwith to the justice of the peace before whom such
proceedings were had, it shall be the duty of said

58 THE STORY OF AN EARNEST LIFE.
justice to commit said negro or mulatto to the custody
of the sheriff of said county, or otherwise keep him
or them in custody, and said justice shall forthwith
advertise said negro or mulatto, by posting up notices
thereof in at least three of the most public places in his
district, which said notices shall be posted up for ten
days, and on the day and at the time and place men
tioned in said advertisement the said justice shall at
public auction proceed to sell said negro or mulatto to
any person or persons who will pay said fine and costs
for the shortest time, and said purchaser shall have the
right to compel said negro or mulatto to work for and
serve out said time, and he shall furnish said negro or
mulatto with comfortable food, clothing and lodging
during said servitude.
Section 5 of the act provides "that if said negro or
mulatto shall not, within ten days after the expiration
of his or her time of service as aforesaid, leave the state,
he or she shall be liable to a second prosecution, in
which the penalty shall be increased fifty dollars over
and above the last penalty inflicted, and the same pro
ceedings shall be had in each case as provided for in the
preceding sections for the first offense."
Section 6 provides that "said negro or mulatto shall
have a right to take an appeal to the circuit court of the
county in which such proceedings shall have been had
within five days after the rendition of the judgment be
fore the justice of the peace, by giving bond and security
to be approved by the clerk of said court to the people
of the State of Illinois, and to be filed in the office of said
clerk within said five days in double the amount of said
fine and costs, conditioned that the party appearing will
personally be and appear before said circuit court at the
next term thereof and not depart said court without
leave, and will pay said fine and all costs if the same
shall be so adjudged by said court, and said security
shall have the right to take said negro or mulatto into

STATE SENATOR-J. A. LOGAN— S. A. DOUGLAS. 59
custody and retain the same until the order of said court
is complied with."
All the provisions of the act are an example of bar
barity which can only be excused by the prejudices of
that part, the southern, of the State of Illinois. The
whole act appears on page 57 of the "Acts of 1853."
This statute was declared unconstitutional by Hon.
Samuel S. Marshall, who was circuit judge at the time,
and he refused to enforce it.
The subject of the action of congress on the Kansas-
Nebraska bill was introduced into the senate at the
special session of 1854 by Mr. O'Melveny, a senator
from Monroe and St. Clair counties. The governor had
made no allusion to the subject in his message, which
was devoted exclusively to state affairs.
The legislature had, in the early days of the republic,
instructed the senators as to their votes and duties, and,
though Mr. Douglas had acted independently of the
legislature of Illinois, it was thought best by his friends
that he should be indorsed by the legislature of his own
state. Mr. O'Melveny introduced into the senate the
following resolutions on February 9, 1854 :
"Resolved, by the senate of Illinois, that the bill to
form the Nebraska and Kansas territories, as presented
and advocated by our distinguished Senator Douglas
at the present session of congress, meets with our ap
probation. "Resolved, that we believe that the best interests of
the Union demands the passage of said bill.
"Resolved, that we call upon all Union men through
out the state to support said bill.
"Resolved, that we will sustain Judge Douglas against
all Abolitionists and Free-soilers in this state so far as the
provisions of his bill is concerned."
Mr. O'Melveny moved to make the resolutions the
special order of the day for next Monday week, which
motion was decided in the affirmative — yeas, 13 ; nays,
9 — and the resolutions were made the special order of

60 THE STORY OF AN EARNEST LIFE.
the day for Monday week. Thereupon, I offered, on the
10th day of the same month, the following concurrent
resolutions as a substitute for the resolutions of Mr.
O'Melveny :
"Resolved, by the senate and house of representatives
concurring therein : 1. That the Missouri Compromise
and the compromise measures of 1850 provide for a satis
factory and final settlement of the subject of slavery,
and the people of the State of Illinois in common with
the citizens of all the states are pledged to maintain the
same, and to resist and discountenance all further agita
tion of the question as tending to weaken the bonds of
the Union, and as threatening its perpetuity and peace."
"2. That the compromise measures of 1850 were not
intended by the f ram ers, nor understood by the people of
the United States, in any manner, in letter or spirit, to
weaken the prohibition of slavery in that portion of the
territory of the United States from which it was excluded
by the terms of the Missouri Compromise.
"3. That the provision of the bill for the organization
of Kansas and Nebraska territories, now pending in the
congress of the United States, so far as the same pro
poses to tolerate the introduction or existence of slavery
in said territory, or weakens or impairs the restrictions
imposed thereon by the Missouri Compromise, meets the
unqualified condemnation and opposition of this general
assembly, as directly exciting the elements of agitation
and strife so happily allayed by the compromise afore
said." I was at that time sincerely in favor of the Missouri
Compromise, which excluded slavery from the territory
west of the State of Missouri, north of the latitude of
36° 30", and I was equally sincere in my support of the
compromise measures of 1850, and I felt indignant that
an Illinois senator should, from the committee on terri
tories, make a report, and declare the Missouri act of 1820
void, as being contrary to law, and in conflict Avith the
measures of 1850. In order to give a full history of the

STATE SENATOR— J. A. LOGAN— S. A. DOUGLAS. 61
action of the senate with regard to the Nebraska bill,
Mr. Judd offered the following resolution: "That the
general assembly of the State of Illinois regard the act
generally known as the 'Missouri Compromise Act,'
which excludes slavery north of 36° 30", as a wise and
a beneficial enactment, and good faith requires that the
same be preserved inviolate." Mr. Judd was a Demo
crat and a senator from Cook county.
The house was in favor of the "Nebraska bill," and
passed resolutions which Mr. Davis (of Hancock) intro
duced into the senate, and were as follows : "Resolved,
that our liberty and independence are based upon the
right of the people to form for themselves such govern
ment as they may choose ; that this great privilege, the
birthright of freemen, the gift of heaven secured to us
by the blood of our ancestors, ought to be extended to
future generations, and no limitations ought to be ap
plied to this power in the organization of any territory
of the United States of either a territorial government
or a state constitution ; provided, the government so es
tablished shall be republican and in conformity with the
constitution. "Resolved, that we will stand by the compromise of
1850 ; that we are attached to the great fundamental
principles of democracy and free institutions which lie
at the basis of our creed a'nd gives every political com
munity the right to govern itself, to form such a gov
ernment as they may choose without limitation, re
striction or hinderance, save obedience to the constitu
tion of our country.
"Resolved, that the institution of slavery was one of
the principal subjects of compromise embraced in the
constitution ; that it is recognized therein, and we deem
the restriction of a geographical line upon the right of
the people to form such a government as they may choose
in regard to the question of slavery, was a gross violation
of that sacred right, as a similar restriction upon any
other question of government, the right whereof is

62 THE STORY OF AN EARNEST LIFE.
equally recognized by the constitution of the United
States. "Resolved, that this principle is contained and carried
out in the Nebraska bill offered in the congress of the
United States by our distinguished Senator Stephen A.
Douglas ; that we approve of said bill, and that we will
sustain our senator in his advocacy of the same."
Efforts were made to evade a vote upon the main
question by some senators who were anxious to avoid
committing the Democratic party to an unwise and dan
gerous policy. I offered the following amendment to
Mr. Davis' resolution: "That the law now in force,
called the Missouri Compromise, and the bill for the or
ganization of Oregon territory excluding slavery from
its limits, are wise and judicious, and ought to be main
tained." The vote upon the passage of the resolution proposed
by Mr. Davis and rejecting my proposed amendment
was fifteen to seven. Those voting in the affirmative
were : Messrs. Bryan of Marion, Campbell of Mc-
Donough, Corder of Williamson, Cockle of Peoria,
Davis of Hancock, Detrick of Randolph, Howard of
Jo Daviess, Jerningan of Christian, Kuykendall of
Johnson, Morton of Morgan, O'Kean of Richland,
O'Melveny of Monroe, Parker of Coles, Parsons of
Pike, Wynn of Clark ; and those voting in the affirm
ative on my amendment and in the negative on the
resolutions were : Messrs. Cook of LaSalle, Gillespie of
Madison, Gridley of McLean, Judd of Cook, Osgood of
Will, Palmer of Macoupin, Talcott of Winnebago.
After the adjournment of the special session of 1854,
I was conscious that I had differed with my party upon
the subject of the Kansas-Nebraska bill and of the
repeal of the Missouri Compromise, and had from that
cause alienated many of the ultra-proslavery men of
the Democratic party, and I knew that I had given that
class of men some evidence, which they used unspar
ingly, to convict me of the political offense called

STATE SENATOR— J. A. LOGAN— S. A. DOUGLAS. 63
"abolitionism ;" but I did not then foresee, what I after
wards discovered to be true, that the slavery question
would not cease to disturb the country as long as that
institution existed. I supposed that the Democratic
party Avould again unite upon other issues, and I was
mainly anxious to preserve my personal independence
and the right, inside of the party lines, to act according
to the dictates of my own sense of personal duty.
I was fully awakened from that delusion by the
events which transpired on July 4, 1854. On that day,
in pursuance of an invitation, I attended a celebration
held north of Virden, in the edge of Sangamon county,
and undertook the oration of the day. I indulged in
the usual glorification of our revolutionary fathers and
quoted from the Declaration of Independence, as I had
often done on like occasions, that "All men are created
equal, and are endowed with certain inalienable rights,
among which are life, liberty and the pursuit of hap
piness," words which Mr. John C. Calhoun had char
acterized as "glittering generalities," and Mr. Douglas
said meant "no more than our fathers intended to claim
by those words that British subjects born on this con
tinent had the same rights that British subjects had who
were born in Great Britain." I attacked Mr. Calhoun,
but spoke of Mr. Douglas with the respect I really felt
for him, but my remarks stirred up a storm. Before I
left the ground I was convinced that the Democratic
party was hopelessly divided, and that the repeal of the
Missouri Compromise had stirred up passions that could
not be allayed, and that the country was about entering
upon a struggle which would probably result in very
serious consequences. My first conclusion was to avoid
all participation in the approaching controversy, and I
did, in a letter dated August 14, 1854, decline to be a
candidate for nomination for reelection to the state
senate by any convention which made adhesion to the
Nebraska bill a test of party orthodoxy. . . . This.
however, did not satisfy the ultra party men, Avho would

64 THE STORY OF AN EARNEST LIFE.
accept from me nothing but complete submission. The
Democratic party had then practically controlled the
government of the United States from the time of the
administration of General Jackson ; and though Harrison
had defeated Van Buren in 1840, and Taylor was elected
over Cass in 1848, in both instances the victories of the
enemies of democracy were barren of results. The ,
election of General Pierce over General Scott, in 1852,
had annihilated the Whig party, and the democracy
were triumphant and arrogant. Douglas was absolutely
supreme in the party in Illinois, and his supremacy was
a despotism ; his demand was to "shoot the deserters,"
and by deserters he meant all Democrats who were un
willing to follow him.
The district senatorial convention, which assembled in
August, 1854, passed resolutions indorsing the Nebraska
bill, and nominated Major Beatty T. Burke, of Macoupin
county, as a candidate for the senate.
Major Burke was a remarkable man, and as my re
lations to him were of a peculiar character, I regard it as
a duty to attempt at least to do justice to his memory.
He Avas a native of Virginia, and before he came to
Illinois Avas employed in the armory at Harper's Ferry.
When I came to Macoupin county, in 1839, he was
sheriff of the county, elected in 1838, after a contest
which was conducted Avith great heat, although the
issues between himself and Jefferson Weatherford, the
former sheriff, and a candidate for reelection, were
mainly personal. He was elected to the office of sheriff
for five terms of two years each, and after two years of
service in the legislature, Avas again elected sheriff. We
became friends soon after Ave met in 1839, and remained
so until we were opposing candidates for the senate.
Major Burke possessed vigorous physical and mental
powers, but he had little knowledge of politics, he was
an active canvasser, and had many friends in Macoupin
county. His sympathies were with the South, and he
really thought the pretensions of the slaveholding states

STATE SENATOR— J. A. LOGAN— S. A. DOUGLAS. 65
were so moderate, that they should be acceded to by the
North without hesitation. He had opposed the compro
mise measures of 1850 for the same reasons the southern
leaders did, and was ready to support them in whatever
they might consider to be their rights. He was honest
and truthful, a good citizen and a sincere friend. He
was a member of the house of representatives in 1852,
Avhile I was a member of the senate, and our relations
were most pleasant.
Major Burke was renominated for a seat in the house,
in 1854, but he preferred to make a canvass for the sen
ate, and accordingly sought and obtained the nomina
tion from the convention which assembled at Tegard's
mill, now Rockbridge. After he was nominated for the
senate, his course towards me Avas so personal that I de
termined to become an independent Democratic candi
date, making no other issue with him than that of the
policy of the repeal of the compromise measure of 1820.
At the beginning of the canvass Major Burke had the
advantage of me, on account of certain local and personal
matters, one of which Avas my connection with the de
fense of Andrew J. Nash, who was tried for murder in
Macoupin county. Nash, who was a most dangerous and
vindictive man, had killed one Alexander Lockerman, a
quiet and inoffensive citizen , and fled the country. A year
or two afterAvard he was arrested in Arkansas, and brought
back to Macoupin county for trial, With all his faults
he had always been a true friend of mine. He was tried
by a jury, found guilty, and sentenced to be hung on a
fixed but not distant day. I had given him my profes
sional service gratuitously, and was assisted in his de
fense by Hon. Murray McConnell, of Jacksonville, one
of the leading criminal lawyers of his day. Mr. Mc
Connell was afterwards assassinated in his home in
Jacksonville under circumstances of peculiar atrocity.
After Nash was convicted and sentenced I obtained the
signatures of some of the jury to a petition asking the
governor (Matteson) to commute his sentence to impris-
5

66 THE STORY OF AN EARNEST LIFE.
onment for life, and also obtained other signatures, in
cluding that of Major Burke, who was at the time sheriff
of the county. With these petitions I applied to Gov
ernor Matteson, but the governor refused to interfere un
less Judge David M.Woodson, of CarroUton, who presided
at the trial, would recommend it. I left Carlinville on
Tuesday before the Friday fixed for the execution of the
sentence, and hoped to obtain the order of commutation
from the governor, and return home on the same even
ing, so that on Wednesday, Nash could be removed from
the jail to the penitentiary. The necessity of obtain
ing Judge Woodson's recommendation imposed upon
me by the governor compelled me to go to Jacksonville,
which I did by rail, and from thence to CarroUton,
where Judge Woodson resided, by stage. I went to
CarroUton, saw the judge, who very kindly indorsed the
recommendation, returned to Jacksonville, and reached
Springfield, Thursday forenoon, obtained the order from
the governor, but was not able to reach Carlinville be
fore eleven o'clock at night. The jail was built of logs.
I called to Nash, told him of my success, and expressed
the hope that he could be removed the next morning.
It was too late, however, men, women and children had
come from Greene, Madison, Bond, Montgomery, Mor
gan and other neighboring counties, to "see the hang
ing." Some of them had camped near the jail, and
heard what I had told Nash, so that when morning came
the mob spirit was fairly aroused.
During the forenoon, hundreds of others came in,
and the removal of Nash was impossible. The mob
charged the jail, to take Nash out and hang him. The
sheriff, Major Burke, who was a man of resolution, sup
ported by about twenty men, held the mob at bay, when
some one proposed to substitute me for Nash. My office
was upon the ground floor, north of the public square, and
a short distance from the jail. I had no other weapon
than an axe. The croAvd was led by Nick Lockerman,
a brother of the murdered man. I met them at the

STATE SENATOR— J. A. LOGAN— S. A. DOUGLAS. 67
door with the axe in my hand, and as they had no firearms,
I thought I would try strategy. I said to Lockerman :
"Nick, I have friends in that croAvd that will kill you if
I do not — look around you!" He was startled, and
commenced cursing me . I knew at once that the danger
Avas over. A short time afterwards, information reached
a part of the croAvd that Nash was dead ; he had hung
himself in the jail. His body was soon afterwards
brought upon the square, and publicly shown. The mob
being satisfied dispersed, and the excitement of the day
was over.
I was aware of the fact that my defense of Nash, my
interference on his behalf after his conviction, was con
demned by the inconsiderate ; but I knew the people of
the county so well that I was satisfied that before the
election I could turn it to my advantage.
My competitor and I followed the old plan of ad
dressing the people at all the important points of the
senatorial district, which was composed of the counties
of Macoupin, in which we both lived, and Greene and
Jersey. Our first public meeting was at Stanton, in the
southeastern corner of Macoupin county. Major Burke
spoke first, and alluded to the affair of Nash. He ad
mitted that he had signed the petition for the commuta
tion of Nash's sentence, but claimed that he did so at
my request.
He then proceeded to define his position on the sub
ject of the repeal of the Missouri Compromise. He
claimed that the states of the Union were equal, and
that the citizens of the states in which slavery existed had
a right to remove into the territories of the United States
with their slaves and hold them as slaves until the peo
ple with the sanction of congress formed a state govern
ment, when slavery might be tolerated in or excluded
from the new state. He attacked the popular sover
eignty doctrine of Douglas as absurd (which it was) ,
and said that John P. Hale, Geo. W. Julian and Owen
Lovejoy were with me in opposition to the repeal of

68 THE STORY OF AN EARNEST LIFE.
the Missouri Compromise. These were the most distin
guished of the abolitionists of that day, and abolition
ism and abolitionists were odious to the people to an ex
tent which cannot now be understood. In my reply, I
adopted a course of conduct which I have always acted
upon, and which has never failed me, and will not fail
any one else before a western audience. I frankly
avowed that Nash was my friend, and briefly adverted to
the services he had rendered me. I said that on his re
turn to Carlinville, after his apprehension in Arkansas,
he had sent for me and told me that his wife and chil
dren had but little to pay for defending him, but asked
me to do so. I then said I had told him that the charge
against him was an aggravated one ; that his conviction
was almost certain, but that I would defend him, and
that he should not die until every means of saAdng his
life was exhausted. I said to the people that I had kept
the promise made to Nash, and if anyone chose to vote
against me for doing so, I had no objection. They were
a manly, generous people, and neither Major Burke nor
I ever alluded to the .subject again.
I had more trouble in defending myself for opposing
the Nebraska bill. At that time the prejudice against
abolitionists was bitter, and affected the minds of three-
fourths of the voters. I was only remotely influenced
in my course by hostility to slavery, though I avowed
my opposition to the institution. I was chiefly con
cerned by the fact that the repeal of the Missouri Com
promise reopened the slavery question.
In February, 1854, at the special session of the senate,
I had offered for adoption the resolutions heretofore
copied, which at once expressed my opinions as well as
my apprehensions. I reiterated the substance of these
resolutions in all the speeches I made in the district, and
assailed Major Burke for his opposition to the compro
mise of 1850, and the result was I was elected by about
two hundred majority.
This contest had much to do with my subsequent po-

STATE SENATOR— J. A. LOGAN— S. A. DOUGLAS. 69
litical career. I have already expressed my great regard
for Mr. Douglas, and up to the time to Avhich I refer, I
regarded him as my friend. Two or three weeks before
the election, he came into the district and addressed the
people of Greene county at CarroUton, and from that
place came to Carlinville, my home. I came into Car
linville from Jersey ville, where I had attended court.
after sundown on the same day, and hearing that Judge
Douglas was at the hotel, I called upon him, and we
spent two hours or more in earnest conversation, of the
purport that Judge Douglas was anxious that as the
legislature would elect a senator to succeed General
James Shields, I should agree to attend the legislative
caucus and vote for whoever might be nominated as
a candidate for senator. On the other hand, I insisted
that as I AAras an independent Democratic candidate for
state senator in opposition to the Nebraska bill, and es
pecially opposed to that measure as a test of party or
thodoxy, he ought to agree that the Democratic caucus
should pass no resolutions favoring that measure.
Our discussion was somewhat heated, and both of us
obstinate, and he finally said to me : "You may join the
Abolitionists if you choose to do so, but if you do, there
are enough patriotic Whigs to take your place and elect
Shields." I answered : "I will beat Burke in spite of
all you can do against me. You will fix the imputation
of abolitionism upon me, and by that means beat me
doAvn : Ave have fought the Whigs together, you now
promise yourself that they will take my place, and help
elect Shields. I wiU fight you until you are defeated,
and have learned to value your friends." I kept my
Avord, and I think Judge Douglas had no more active or
earnest political enemy than I was from that time until
I met him in Washington in February, 1861, as I will
hereafter relate.
In 1854, Major Burke obtained a "dispensation" for
the establishment of Mt. Nebo Lodge, No. 76, and Mr.
Charles Fisher, of this city and Dr. Z. T. Cabinis, whose

70 THE STORY OF AN EARNEST LIFE.
home was afterwards Petersburg, Menard county, at
which place he died, came to Carlinville and opened the
lodge. I was initiated, passed and raised by the same
dispensation to the degree of Master Mason. The dis
pensation was issued by William Lavely, the Grand
Master Mason at that time. I have been a member of
that lodge ever since .

.<Jt,

Mmi '*'¦'

jBfl^^Htif
M
W*y':
»*
i ^f«n
™
¦¦¦
ORGANIZATION OF REPUBLICAN PARTY. 71

CHAPTER VIIL
The Bloomington Convention — Organization of the Republican party —
Platform of the Convention — Delegate to the Philadelphia Conven
tion — Freemont and Dayton — Platform adopted — Affair with Major
Harris.
As I have before stated, the Kansas-Nebraska bill,
which passed congress in May, 1854, declared the Mis
souri Compromise of 1850, by which slavery was re
stricted on the north of the line of 36° 30" inoperative
and void, by reason of its alleged inconsistency with the
compromise measures of 1850, and established instead
the principle of popular sovereignty ; that is, "that con
gress should not legislate slavery into any territory or
state, or exclude it therefrom, but leave the people
thereof perfectly free to form and regulate their domestic
institutions in their OAvn way, subject only to the consti
tution of the United States."
This came upon the country like a "clap of thunder
from a clear sky." The Democratic party still main
tained its organization. Mr. Douglas was aware of the
effect which such a measure might be expected to pro
duce upon the country.
Under such circumstances, the general assembly con
vened on the first Monday in January, 1855, and the
election of senator was fixed for the 8th of February
following. Mr. Lincoln was the choice of a large majority of the
anti-Nebraska members for senator, Avhile General James
Shields received the caucas nomination of the Nebraska
Democrats. Ten ballots were had in the joint session,
and Lincoln received, on the first ballot, 45 votes ;
Shields, 41 ; Lyman Trumbull, 5. In the six following
ballots, Lincoln fell off 36 votes ; Trumbull increased to
10, and Shields received 42 votes. It now becoming ap-

72 THE STORY OF AN EARNEST LIFE.
parent that the choice must fall upon either Trumbull or
Matteson (who had taken the place of Shields on the bal
loting, and received the whole Nebraska vote) , Lincoln
came into the hall of representatives, where the ballot
ing was held, and urged his Whig friends to vote for
Trumbull, and on the final ballot Trumbull received 51
votes, and Matteson 47, and 1 for Archibald Williams,
cast by Louis H. Waters, who afterwards commanded
the 84th Illinois Regiment. The five anti-Nebraska
Democrats were Messrs. Cook, of La Salle, Judd, of
Cook, and Palmer, of the senate ; Allen and Baker, both
of Madison county, of the house.
"In order to reconcile seemingly conflicting but actu
ally congenial elements in the election of 1856, a con
vention was called to meet at Decatur, February 22,
1856. This convention was composed of Paul Selby, of
the Jacksonville Journal ; Wm. J. Storey, Decatur
Chronicle; V. Y. Ralston, Quincy Whig; Charles H.
Ray, Chicago Tribune ; O. P. Wharton, Rock Island
Advertiser; E. C. Dougherty, Rockford Register; Thos.
J. Prickett, Peoria Republican; Geo. Schneider, Staats
Zeitung, Chicago ; Charles Faxton, Princeton Post ; A.
U. Ford, Lacon Gazette ; and B. F. Shaw, Dixon Tele
graph." This committee appointed a central committee, con
sisting of James C. Conkling, Springfield; Asahel Grid-
ley, Bloomington; Burton C. Cook, Ottowa; Charles H.
Ray and N. B. Judd, of Chicago, which was authorized
to call a convention, which was held at Bloomington,
May 29, 1856, called the Anti-Slavery Extension Con
vention. I was made permanent president of the convention,
assisted by a number of vice-presidents. The platform
adopted embraced the following planks: "1. Opposi
tion to the Democratic administration of Mr. Buchanan.
2. That congress possessed the power to abolish slavery
in the territories, and should exercise that power to pre
vent the extension of slavery into territories heretofore

ORGANIZATION OF REPUBLICAN PARTY. 73
free. 3. Opposition to the repeal of the Missouri Com
promise, and in favor of making Kansas and Nebraska
free states. 4. In favor of the Union and the constitu
tion. 5. In favor of the immediate admission of Kan
sas as a free state under the constitution adopted by
her people. 6. In favor of liberty of conscience as well
as political freedom, proscribing no one on account of
religious opinions or in consequence of place of birth . ' '
Moses says, Illinois, Vol. 2, p. 599 : "It was a famous
gathering, and marked the commencement of a new era
in the politics of the state. All those who subsequently
became leaders of the Republican party were there —
Whigs, Democrats, Know-Nothings and Abolitionists.
Those who had all their lives been opposing and fight
ing each other found themselves harmoniously sitting
side by side, consulting and shouting their enthusiastic
and unanimous accord. Among these were Lincoln,
Palmer, Browning, Wentworth, Yates, Lovejoy, Oglesby
and Koerner. . . ."
The nominees of the convention were William H. Bis
sell, for governor ; Francis A. Hoffman, lieutenant-gov
ernor, both of whom were Democrats ; Ozias M. Hatch,
secretary of state, and Jesse K. DuBois, auditor, and
James Miller, for treasurer (all Whigs), and Wm. H.
Powell, superintendent of public instruction, a Demo
crat. Again quoting from Moses, p. 600 :
' ' It was a body in which ideas predominated, to the ex
clusion of personal prejudices, and the absorbing inter
est of the convention centered upon the discussion of the
political principles embraced in the platform. Eloquent
speeches were made by all the prominent delegates —
Palmer, from a Democratic standpoint ; Browning, from
the outlook of an old Whig ; and Lovejoy, from a pin
nacle which others had not been able hitherto to climb.
These were all able, earnest efforts, aroused by wild en
thusiasm, but it was left for Abraham Lincoln, in the
final address, in what was the greatest forensic effort of

74 THE STORY OF AN EARNEST LIFE.
his life, to stir the souls of that vast assemblage to the
lowest depths."
I only remember one expression used by Mr. Lincoln
on that occasion, "We will not dissolve the Union, and
you shall not do it."
I was elected by the convention a delegate to the
National Republican Convention, which was held at
Philadelphia, June 17, 1856, and in which John C. Fre
mont was nominated for the presidency, and William
L. Dayton for the vice-presidency. I placed in nomina
tion for the vice-presidency Abraham Lincoln, of Illi
nois, who received the highest number of votes given to
an unsuccessful candidate.
Moses, in his "Illinois," p. 602, has given an account
of an affair which occurred betAveen Major Thos. L. Har
ris and myself at Plainview, in Macoupin county.
There wasno "ill feeling, " as Moses says, between Major
Harris and myself up to that time, for I had voted for
him in 1854, and was a member of the convention which
nominated him.
Major Harris had come into the county during his can
vass for election to congress, and learned that I had spoken
severely of a letter written by him to Mr. Geo. H. Holi
day, and read at the opening of the Macoupin Circuit
Court. I had said of the letter when it was read that
it contained "statements that Major Harris would not
have made if any honest man had been looking him in
the face." Major Harris afterwards came to Carlinville
and professed to be hunting for me to hold me respon
sible for what I had said. I was, on the day preceding
the meeting at Plainview, at Edwardsville with Mr.
Lincoln, where we had made Fremont speeches.
On my return home Mr. William M. Maddox told me
Avith something like exultation that Major Harris had
been in town the day before looking for me. I learned
that Major Harris was to speak at Plainview on the
next day. I Avent to the station at Carlinville and took
the train for that place, and at that time of my life was

ORGANIZATION OF REPUBLICAN PARTY. 75
not unwilling to intervieAv any gentleman who desired
to interview me, found the major on board the train.
He was very friendly, and during our ride of fifteen miles
together treated me courteously. I was surprised at his
conduct, and after dining with friends I attended the
meeting which was called by him, and which was first
addressed by Charles A. Keyes, of Springfield, in a
speech of nearly an hour. When Mr. Keyes had con
cluded Major Harris took the stand and said that he
"had heard that a gentleman now present had said that
his letter to the Carlinville Convention had contained
matter that he would not have dared to write if he (the
gentleman referred to) had been looking him in the
face." At that time it Avas the custom to mob anti-
slavery men, and as we were called "Black-Repub
licans" it was supposed that we had adopted their
methods of "non-resistance." I said, in reply to Major
Harris, "I did not say he Avould not have used the
words of the letter if I had been looking him in the
face," but added that "he would not have used the
words of the letter if any honest man had been looking
in his face."
He said in reply, "that is a specimen of these das
tardly Black-Republicans ;" I said to him, "If you ap
ply that language to me, you area liar!" The major
then stepped off the stand he occupied and said, after
advancing toward me, "He has a pistol." I said, "I did
not draw a pistol on you, I can whip you with one hand
tied behind me, but I am watching your dogs." I ay as
not in the habit of carrying a pistol, as there were no
pockets for concealing "pints, "quarts," or pistols in
the trousers of 1856. It had been handed me at the
station by Mr. George H. F. Work, a student in my
office, Avho called my attention to certain persons going
to Plainview, ostensibly to hear Major Harris speak, and
said, "You will have a row before you return and will
need it." The pistol was taken from me by Mr. Sam
uel T. Mayo and Mr. James Fishback, tAvo of my

76 THE STORY OF AN EARNEST LIFE.
friends, and returned after Major Harris had ceased
speaking. When he was through I made the speech
Avhich Moses attributes to me, and said in its opening,
"I have nothing of the border ruffian about me but this
pistol." There Avas no further disturbance, but more
than once I had the pleasure of hearing the words, "I
would like to bounce a rock off his head."
Before the affair with Major Harris, I went to Alton,
and Avith many friends visited St. Louis to hear Colonel
Thomas H. Benton who had just returned from his
"forty days in the wilderness." We called upon
Colonel Benton at the "Planter's House," and were in
troduced to him. He invited me to take a seat with
him in the evening on the platform from which he was
to speak, but I told him that "my Illinois friends would
expect me to be with them, and we would be heard from
during the evening." He said : "It was a commenda
ble determination."
I had no idea that Benton could grow old until I saw
"Gratz Brown" assist him to the platform. Benton de
scribed his travels in Missouri, and said of his enemies,
"I have laid them out like milestones on my way." In
describing his visit to Independence he said, "the first
man called upon was Branson, Benton's friend, and he
was present and took the seat of honor on Benton's right
hand." He described one of his enemies as the "man whose
patronymic signifies the smallest particle of bread ; ' ' an
other, "whose name calls to mind an infant sheep;"
alluded to another by the name of Birch and said, "he
aspires to fill Benton's seat, as well might a tumble-bug
aspire to fill the seat of an elephant."
The hour for the steamboat's departure having ar
rived, we took off our hats to him just as he delivered
a terrible philippic against his enemies, saying, "the
history of the world shows two crops of antis — Anti-
Benton and Anti-Christ;" and as we returned to Alton

ORGANIZATION OF REPUBLICAN PARTY. 77
we concluded that no one had a better right to be an
egotist than Benton had.
In 1856, Colonel Benton was prevailed upon by his
friends to allow the use of his name as a candidate for
governor of Missouri.
He was not elected ; Trusten Polk, Democrat, re
ceived 46,903 votes ; Robert C. Ewing, American,
40,589, and Thomas H. Benton, Independent, 27,618.
Trusten Polk was afterwards senator in the con
federate congress from the State of Missouri.
In August, 1856, Mr. W. C. Phillips appeared in Car
linville, and was desirous of establishing a Republican
newspaper. After some negotiations Mr. Pittman, my
law partner, and I agreed to give our notes to an old
firm, which has long ceased to exist (LadeAV & Peers),
and gave Mr. Phillips besides one hundred doUars to
buy such fixtures as he might select and would be
necessary for the establishment of a weekly paper.
We gave our notes, due at three and six months for
five hundred dollars each, and we paid them.
As Mr. Phillips was in haste to start his paper, the
first issue was on September 6, 1856.
The paper was to be entitled "The Free Democrat."
In December, 1856, Mr. H. M. Kimball came to Carlin
ville from Kansas, to which territory he had been an
emigrant under the Beecher regime, and was for some
time in partnership with Mr. Phillips, until Mr. Phillips
was succeeded by Major A. W. Edwards. The paper is
still in existence under the name of "The Democrat,"
published by the Macoupin Printing Company, of which
Mr. A. G. David is the principal stockholder.

78 THE STORY OF AN EARNEST LIFE.

CHAPTER IX.
Nominated for Congress by the Republicans — Defeated — Platform of
the Republican party — Decatur convention — Elector at large —
Chicago national convention — Nomination of Mr. Lincoln — Inter
view with the New Jersey delegation.
I continued the practice of my profession during the
early months of 1858-9, and was surprised when on Sep
tember 29, 1859, the Republican convention nominated
me unanimously for the house of representatives in con
gress. The convention having adopted a platform which
was entirely satisfactory to me, I accepted the nomi
nation. The platform is that which I give below :
"Resolved, that we reaffirm the platform of the national
Republican convention held at Philadelphia, and the
state Republican conventions held at Bloomington and
Springfield, and renew our devotion to the principles
therein enunciated, both because experience demonstrates
them to be the true principles of our republican govern
ment, and because they have been rendered politically
'sacred' by being advocated and practiced by the most il
lustrious of our revolutionary fathers, as well as modern
statesmen. "Resolved, that the territories of the United States
are the common property of all the free white citizens of
the whole Union, but that the institution of slavery has
no right or heritage therein, and that it is the right and
duty of congress to follow the example of Jefferson and
the founders of our government in prohibiting the ex
tension of slavery into the territories, but at the same
time we strenuously oppose every attempt to interfere
with slavery in the states where it now exists.
"Resolved, that freedom is universal, and slavery sec
tional, and cannot exist where it is not authorized by

NATIONAL CONVENTION AT CHICAGO. 79
special legislation, and the government of the United
States in the exercise of its powers, whether executive,
legislative or judicial, is bound to adhere in substance and
form to the generous and noble spirit of these important
maxims. "Resolved, that we pledge our unremitting efforts to
prevent the reopening of the African slave trade so ar
rogantly demanded by many Democratic papers and
politicians. "Resolved, that we are opposed to the self-styled
Democracy which allows the public lands to be monopo
lized by speculators and capitalists, and are in favor of
their free occupation by actual settlers in limited quanti
ties, as proposed by the Republicans in the last con
gress, and voted down by the so-called Democracy.
"Resolved, that the reckless disregard of the rights of
naturalized citizens, by the administration of James Buch
anan, as exhibited in the letter of General Cass to Mr. Le-
Clerc, calls for our unqualified reprobation, and that we
claim for every citizen, whether native or adopted, from
whom we exact allegiance, protection at home and abroad."
On the day before the Republican convention met, the
Democratic convention had assembled and nominated
Colonel (now General) John A. McClernand for the same
office. The fact of my nomination was communicated
to me on the following day (30th) , and as there was no
possibility of an election I accepted the nomination.
General McClernand had been one of the original op
ponents of the test proposed by Mr. Douglas of party
orthodoxy. I immediately proceeded to make a canvass,
and think I visited every county in the district.
I spoke at Winchester, Scott county, on October 11th ;
on the 12th, at Petersburg ; on the 13th, at Jacksonville ;
at Jersey ville on the 14th ; CarroUton on the 15th, and
at Shelbyville on the 19th, where I received information
that John Brown had invaded Virginia at Harper's Ferry,
which produced such a sensation as cannot be under
stood, and reversed the vote of the district.

80 THE STORY OF AN EARNEST LIFE.
I had expected to be beaten by one or two thousand
votes. I reminded the people of Shelby county that the
compromise measure of 1850, to which all were pledged,
fully justified my prediction that the repeal of the com
promise of 1820 would endanger the perpetuity and
peace of the Union.
By this time Colonel McClernand was fully committed
to the doctrine of popular sovereignty, under which
slavery was to be introduced into all the territories, and
I made some impression on my hearers, but still I failed
to carry one county in the district. Colonel McClernand
beat me more than four thousand votes. My fellow-
citizens still retained their confidence in me as a lawyer,
and my republicanism did not injure me professionally.
The Republican State Convention was held in Deca
tur on May 9, 1860 ; I attended the convention as a
delegate from Macoupin county. After a spirited con
test between Richard Yates, Leonard Swett, and Nor
man B. Judd for candidate for governor, Richard Yates
received the nomination, and Francis A. Hoffman for
lieutenant-governor; Ozias M. Hatch, for secretary of
state ; Jesse K. Du Bois, for auditor, and William But
ler, for treasurer, and NeAvton Bateman, for superin
tendent of public instruction.
On June 13th of the same year, the Democratic State
Convention Avas held in Springfield, at which James C.
Allen was nominated as a candidate for governor, Lewis
W. Ross, for lieutenant-governor. The canvass was
conducted by the candidates for governor and lieuten
ant-governor, and the Republicans succeeded in the elec
tion, Mr. Yates having received one hundred and sev
enty-two thousand one hundred and ninety-six (172,196)
and Mr. Allen one hundred and fifty-nine thousand two
hundred and fifty-eight (159,258) votes. It is notice
able that my old friend, Major B. T. Burke, was nomi
nated by the Buchanan Democracy of the state and re
ceived tAvo thousand and tAventy-two (2,022) votes.
The Seward men in the Decatur convention resisted

/£> ¦<• sui ^C£-t^c C~ £.

ss-6 '.

NATIONAL CONVENTION AT CHICAGO. 81
instructions to the delegates to the national convention
for Mr. Lincoln, but finally consented that they be in
structed to vote as a unit for him.
The National Republican Convention was held in
Chicago, on May 16th, and resulted in the nomination
of Lincoln for president on the third ballot, and Han
nibal Hamlin for vice-president. Undoubtedly, Judge
David Davis and Norman B. Judd contributed most to
the nomination of Mr. Lincoln ; they were indefatigable
in their efforts to secure his nomination. In one instance,
Judge Davis visited the New Jersey delegation, and re
ported to me that he had found that the New Jersey
delegation were insisting that SeAArard should have the
first place on the ticket and Lincoln the second, and
asked me to go and see them. I did not know what I
could do to aid the judge, but determined upon my line
of conversation Avhile on the way. When introduced to
the delegation, they suggested that Mr. Seward be nom
inated for the presidency, and Mr. Lincoln be given the
vice-presidency, Avhen I told them that there were forty
thousand Democrats who Avould vote the Republican
ticket, but who would not consent to do so if two old
Whigs were placed upon the ticket. Judge Davis was
asked if there was as much party feeling, as much preju
dice, in the minds of the Democratic-Republicans as I
had represented. And he replied, "Oh! Oh! these old
Loco-focos will do anything!" I said to them, "You
must take a Democrat for one of these offices." And in
that way we escaped the responsibility of tAvo old Whig
party men being placed upon the ticket ; and thus Mr.
Lincoln and Mr. Seward were brought face to face as
candidates for the presidency. Lincoln succeeded, and
Hannibal Hamlin, of Maine, originally a Democrat, was
nominated for the vice-presidency.
The convention adopted the following platform : "Re
solved, that we, the delegated representatives of the Re
publican electors of the United States in convention as-
6

82 THE STORY OF AN EARNEST LIFE.
sembled, in discharge of the duty we owe to our con
stituents and our country, unite in the following declara
tions :
"1. That the history of the nation during the last
four years has fully established the propriety and neces
sity of the organization and perpetuation of the Repub
lican party, and that the causes which called it into exist
ence are permanent in their nature, and now more than
ever before demand its peaceful and constitutional
triumph. . . ."
"3. That to the union of the states, this nation owes
its unprecedented increase in population ; its surprising
development of material resources and its rapid aug
mentation of wealth ; its happiness at home and its
honor abroad ; and we hold in abhorrence all schemes
for disunion, from whatever source they may come, and
we congratulate the country that no Republican mem
ber of congress has uttered or countenanced the threats
of disunion so often made by Democratic members with
out rebuke, and with applause from their political asso
ciates. And we denounce those threats of disunion in
case of a popular overthrow of their ascendancy as
denying the vital principles of free government, and as
an avowal contemplated of treason, which it is the im
perative duty of a free people sternly to rebuke and for
ever silence . ' '
The convention then passed a resolution committing
its members to the doctrine that "the maintenance in
violate of the rights of the states, and especially each
state to order and control its own domestic institutions
according to its OAvn judgment exclusively, is essential
to that balance of poAver on which the perfection and en
durance of our political fabric depends. And we de
nounce the lawless invasion by armed force of any state
or territory, no matter upon what pretext, as amongst
the gravest of crimes. . . ."
"7. That the new dogma, that the constitution of its
own force carries slavery into any or all of the terri-

NATIONAL CONVENTION AT CHICAGO. 83
tories of the United States, is a dangerous political
heresy — at variance with the explicit provisions of that
instrument itself, with contemporaneous exposition, and
Avith legislative and judicial precedent, is revolutionary
in its tendency and is subversive of the peace and har
mony of the country. . . ."
"17. Finally, having thus set forth our distinctive
principles and views, we invite the cooperation of all
citizens, however differing on other questions, Avho sub
stantially agree with us in their affirmance and support."

84 THE STORY OF AN EARNEST LIFE.

CHAPTER X.
The Peace convention — Organization — Personnel of the convention —
Amendments proposed to the constitution — Insolence of secession
ists — Call from Judge Douglas.
The Peace convention Avhich assembled on February
4, 1861, convened under circumstances of great political
confusion and uncertainty. It was organized by the
election of Judge Tyler, former President of the United
States, as president of the convention, Crafts J. Wright,
of Ohio, secretary.
The delegates from Illinois, who were appointed by
Governor Yates, were John Wood, Stephen T. Logan,
John M. Palmer, Burton C. Cook and Thos. J. Turner.
After Mr. Lincoln's arrival in Washington, he expected
nothing from the proceedings of the convention, and ad
vised us to deal as liberally as possible with the subject
of slavery. He pointed out to us the impossibility of
restoring the Union without a struggle, in Avhich we
concurred. He said, "whatever I may think of the
merit of the various propositions suggested, I should re
gard any concession in the face of a menace, as the de
struction of the government itself, and a consent on all
hands that our system should be brought down to a
level with the disorganized state of affairs in Mexico.
But this thing will hereafter be, as it is now, in the
hands of the people, and if they desire to call a conven
tion to remove any grievances complained of, or to give
new guarantees for the pnrpose of vested rights, it is not
mine to oppose."
The convention consisted of some of the most dis
tinguished citizens of the several states. It contained
William P. Fessenden and Lot M. Morrill, of Maine;
Amos Tuck, from New Hampshire; L. E. Chittenden,
who reported the proceedings of the convention, from

THE PEACE CONVENTION. 85
Vermont; Geo. S. Boutwell, afterwards secretary of the
treasuiy in Grant's cabinet, from Massachusetts ; David
Dudley Field, Wm. Curtis Noyes, a distinguished law
yer, James S. Wadsworth, who Avas killed during the
civil war as a volunteer in the United States army,
Erastus Corning, Green C. Bronson and General John
E. Wool, from New York ; John Tyler, Wm. C. Rives,
the distinguished senator, and James A. Seddon, after
wards Confederate secretary of war, from Virginia ;
among others were George Davis, attorney-general
under the Confederate government; Daniel M. Bal-
linger, minister to Spain during Buchanan's term ;
Thomas Martin, whom I afterwards met at Pulaski,
Tennessee, under different circumstances ; William Hick-
erson, of Manchester, Tennessee, and General F. K. Zolli-
coffer, who was killed at the battle of Mill Springs ;
from Kentucky there was William O. Butler, candi
date for vice-president on the ticket of Cass and Butler ;
James B. Clay (son of Henry Clay) , Joshua F. Bell,
Charles S. Morehead, who had been governor of Ken
tucky ; James ¦ Guthrie, who had been secretary of the
treasury, and Charles A. Wickliffe, afterwards governor
of Kentucky ; Salmon P. Chase, afterwards chief-justice ;
Thomas EAving, the great senator from Ohio ; and others
equally worthy of mention, from the various states.
The convention recommended that the following be
proposed to the several states as amendments to the con
stitution of the United States :
"Art. 13, Sec. 1. In all the present territory of the
United States north of the parallel of 36° 30" north lati
tude, involuntary servitude, except in punishment of
crime, is prohibited. In all the present territory south
of that line the status of persons held to involuntary ser
vice or labor as it now exists shall not be changed ; nor
shall any law be passed by congress, or the territorial
legislature to hinder or prevent the taking of such per
sons from any of the states of this Union to said terri
tory, nor to impair the rights arising from said rela-

86 THE STORY OF AN EARNEST LIFE.
lation, but the same shall be subject to judicial cogni
zance in the federal courts according to the course of the
common law. When any territory north or south of said
line within such boundary as congress may prescribe
shall contain a population equal to that required for a
member of congress, it shall, if its form of government
be republican, be admitted into the Union, on equal
footing with the original states, with or without invol
untary servitude, as the constitution of said state may
provide. "Sec. 2. No territory shall be acquired by the United
States except by discovery, and for naval and commercial
stations, depots and transit routes, without the concur
rence of a majority of all the senators from states which
allow involuntary servitude, and the majority of all the
senators from states which prohibit that relation. Nor
shall territory be acquired by treaty unless the votes of
a majority of the senators from each class of states
hereinbefore mentioned be cast as a part of the two-thirds
majority necessary to the ratification of such treaty.
"Sec. 3. Neither the constitution nor any amend
ment thereof shall be construed to give congress power
to regulate, abolish or control, within any state, the
relation established or recognized by the laws thereof,
touching any person held to labor or involuntary serv
ice therein, nor to interfere with or abolish involuntary
service in the District of Columbia without the con
sent of Maryland and without the consent of the owners,
or making the owners who do not consent just compen
sation ; nor the power to interfere with or prohibit rep
resentatives and others from bringing with them to the
District of Columbia, retaining and taking away persons
so held to labor or service ; nor the power to interfere
with or abolish involuntary service in places under the
exclusive jurisdiction of the United States within those
states and territories where the same is established or
recognized ; nor the power to prohibit the removal or

THE PEACE CONVENTION. 87
transportation of persons held to labor or involuntary
service in any state or territory of the United States to
any other state or territory thereof, where it is so estab
lished or 'recognized by laAv or usage, and the right dur
ing transportation, by sea or river, of touching at ports,
shores and landings, and of landing in case of distress,
shall exist ; but not the right of transit, in or through
any state or territory, or of sale or traffic against the
laws thereof. Nor shall congress have power to author
ize any higher rate of taxation on persons held to labor
or service than on land. The bringing into the District
of Columbia of persons held to labor or service for sale,
or placing them in depots to be afterAvards transferred to
other places for sale as merchandise, is prohibited.
"Sec. 4. The third paragraph of the second section of
the fourth article of the constitution shall not be con
strued to prevent any of the states, by appropriate legis
lation and through the action of their judicial and min
isterial officer, from enforcing the delivery of fugitives
from labor to the person to whom such service or labor
is due.
"Sec 5. The foreign slave trade is hereby forever
prohibited ; and it shall be the duty of congress to pass
laws to prevent the importation of slaves, coolies or per
sons held to service or labor into the United States and
the territories from places beyond the limits thereof.
"Sec. 6. The first, third and fifth sections, together
with this section of these amendments, and the third
paragraph of the second section of the first article of the
constitution, and the third paragraph of the second sec
tion of the fourth article thereof, shall not be amended
or abolished without the consent of all the states.
"Sec. 7. Congress shall provide by law that the United
States shall pay to the owner the full value of his fugi
tive from labor in all cases where the marshal or other
officers, whose duty it was to arrest such fugitive, was
prevented from so doing by violence or intimidation from

88 THE STORY OF AN EARNEST LIFE.
mobs or riotous assemblages, or when, after arrest, such
fugitive was rescued from like violence or intimidation,
and the owner thereof deprived of the same ; and the
acceptance of such payment shall preclude the owner
from further claim to such fugitive. Congress shall
provide by laAv for the securing to the citizens of each
state the privileges and immunities of citizens in the
several states."
On February 22, 1861, President Buchanan, at the re
quest of John Tyler, president of the convention, had
forbidden the troops of the United States to parade, upon
the ground that "the South" might regard it as a "me
nace." Secretary Cobb had resigned on December 10th,
Secretary Lewis Cass had resigned on the 14th, and sec
retary of war, John B. Floyd, on the 29th of that month,
and secretary of the interior, Jacob Thompson, on Janu
ary 8th.
Alarm continued to increase, and Ex-governor Lowe,
who afterwards left his state to engage in the Rebel
lion, testified: "I have not the slightest doubt that if
Maryland does secede, she will claim her rights here,
and I will advocate them, peaceably, if possible, forci
bly, only as a last resort." And Governor Hicks, of
Maryland, issued an address to the people of that state,
in which he said : "I have been repeatedly warned by
persons having opportunity to know, and who are en
titled to the highest confidence, that the secession lead
ers in Maryland have resolved that the border states,
and especially Maryland, shall be precipitated into se
cession with the cotton states before the 4th of March."
The secessionists had resolved that Mr. Lincoln should
never be inaugurated, and the peace convention con
ceded to them all that was required, except the prohi
bition of slavery north of latitude 36° 30". We knew
then that Mr. Lincoln would be inaugurated on March
4th, and the country could depend upon his prudence.
I told Mr. Lincoln, before I left Washington, "that I
would have to go into the army, in order to prove,

THE PEACE CONVENTION. 89
after voting for the proposed amendments to the consti
tution, that I was a sincere anti-slavery man."
Mr. Yulee (senator from Florida) had written to the
legislature of his state: "I think by the 4th of March
all the Southern States will be out, except, perhaps,
Kentucky and Missouri, and they will soon have to fol
low. A strong government of eight states, promptly or
ganized, with Jeff Davis general-in-chief, will bring them
to a realizing sense of the gravity of the crisis. I shall
give the enemy a shot next week before retiring ; I say
enemy, and yet I am theirs and they are mine. I am
willing to be their master, but not their brother."
This was the spirit manifested by the secessionists
when the so-called Peace convention assembled. John
B. Floyd had already armed the south by placing the
government arms in its hands, and at the time of the
assembling of the "Peace convention, and adjournment,
the Rebellion was in the full tide of experiment."
I have already stated the substance of the quarrel be
tween Judge Douglas and myself, in 1854, while I was
a candidate for state senator against Major Burke. I
reached Washington on February 3, 1861, and the first
person who sent his card to my room at "Willard's"
was "Stephen A. Douglas." I invited him to my room,
and he came in, extended his hand, which I grasped,
and he said : "I have beaten you long ago, and you at
last have beaten me ; according to your own limitation
we are friends again." I expressed my satisfaction at
meeting him again, and we consulted for half an hour.
He said to me : "You and your friends did me great in
justice in the Lecompton controversy. If I had had
my way, and Buchanan had not been a traitor, I would
have compelled Davis to raise the standard of rebellion
during that controversy, and then there would have been
Union sentiment enough in the country to put him down
in thirty days ; but now this continent will tremble un
der the tread of a million armed men before the Re-

90 THE STORY OF AN EARNEST LIFE.
bellion is ended." He died on June 3, 1861, at the Tre
mont House, in Chicago. I have no doubt but that
Douglas had splendid military qualities, and would, like
Baker, have entered the army. He could have had any
command he might have selected, and could from the
younger men of the "old army" have chosen a staff
which would have assured him success.

ORGANIZATION OF 14TH ILLINOIS REGIMENT. 91

CHAPTER XL
Visits to Cairo — Visits to Cincinnati — Anna — Douglas — Visits from a
Kentucky colonel — Muster regiment for sixth congressional dis
trict — Organization of 14th Illinois — Promoted to brigadier-general —
In command at Otterville — New Madrid — Riddle's Point — First
sight of gunboats — Colored preacher.
On April 18, 1861, I was with Mason Brayman, Hall
Wilson and General John A. McClernand appointed to
go to Cairo and the southern part of the state, and
ascertain the condition of public sentiment with regard
to the rebellion. We visited Cairo and found public
feeling favorable to the proposition that Cairo should be
declared and treated as a neutral city, where all parties
should buy and sell at their discretion — so little was
known of the magnitude of the civil war that was then
impending. I took the train on the Illinois Central
Railroad and came back to Anna, and there met Union
men and told them of my mission, and there joined
other members of the commission. In the afternoon
of April 22d, I met a few members of the legislature
from neighboring counties who were going to Spring
field, having been convened by the governor to "meet in
special session on April 23, 1861."
Soon after I came on the train, one member of the
legislature handed me a scheme which proposed the
division of the state upon the line of the National road
which passed through Vandalia, and permitting the
south part of the state to join the Confederacy. I told
him that he would find himself in jail if he urged such
a scheme seriously. I reached Springfield on the morn
ing of the twenty-third, and heard Douglas make that
incomparable speech which gave so much comfort to
the Union people, and the eloquence of which thrilled
the whole country.

92 THE STORY OF AN EARNEST LIFE.
On April tAventy-fourth I started with Colonel Ben
jamin Prentiss with seven companies of the 10th Illinois
Infantry to Cairo. On the way we saw General Swift's
men at the Big Muddy and at Cairo. The troops we
took with us were encamped about the city. It may be
observed, as an illustration of the delicacy of the situa
tion, that a colonel of militia from Kentucky called
upon Colonel Prentiss soon after our arrival and asked
why "Cairo was occupied by the troops of the State of
Illinois?" General Prentiss replied, "We occupy Cairo
to defend the Union ; Cairo belongs to Illinois, and we
will hold it till hell freezes over."
I returned to Springfield, and was then requested by
Governor Yates to visit General George B. McClellan,
whose headquarters were in Cincinnati. After reaching
Cincinnati I met General McClellan, and we discussed
the importance of Cairo and its military value, and he
approved all that the governor had done. I returned to
St. Louis on the day before Camp Jackson was captured.
I met Frank Blair and was let into the secret that
"Camp Jackson was to be attacked and captured the
next day." I came home to Carlinville and heard of its
capture with all of its equipments, which was the means
of preserving Missouri to the Union.
The legislature at its April session had made provision
and enacted laws for a more perfect equipment of the
militia and of devising means to render efficient assist
ance to the government in preserving the Union, en
forcing the laAvs and protecting the rights of the people.
The legislature passed an act creating ten regiments,
one from each congressional district that the state con
tained, and one from the state at large. When I reached
my home at Carlinville I learned that I had been elected
colonel of the sixth congressional district regiment, which
was ordered to assemble at Jacksonville, Morgan county.
It was composed of one company each from the counties
of Cass, Christian, Greene, Morgan, Macoupin, Menard,
Jersey, Scott, Sangamon and Shelby. The regimental

ORGANIZATION OF 14TH ILLINOIS REGIMENT. 93
officers Avere Lieutenant-Colonel Amory K. Johnson and
Major Jonathan Morris ; and Captains, Thomas M.
Thompson, from Cass, Co. A ; Cyrus Hall, from Shelby,
Co. B ; A. H. Cornman, from Macoupin, Co. C ; Thomas
J. Bryant, from Greene, Co. D ; Frederic Mead, from
Menard, Co. E ; Louis C. Reiner, from Sangamon, Co.
G; Milton S. Littlefield, from Jersey, Co. F; John W.
Meacham, from Morgan, Co. I ; Andrew Simpson, from
Christian, Co. H; Wm. Camm, from Scott, Co. K.
On May 15th I took command of the regiment, and on
the twenty-fifth of the same month, under the orders of
Governor Yates, we were mustered into the service of
the United States by Captain Thomas C. Pitcher for
three years, unless sooner discharged. We remained in
camp until some time in the month of June, and took
part in the public funeral of Douglas, and were after-
Avards removed to Quincy, Illinois, and took part in the
Fourth of July exercises in that city. On the morning
of the 5th of July, we were ordered to Canton, Missouri.
A man named Sowers had killed Captain Howell, an in
ternal revenue officer, and we were called on to arrest
him. We arrested Sowers ; also, James S. Green, a sen
ator from Missouri, whom I had heard in Washington in
February, 1861, in reply to Senator Douglas, in which
speech he gave the extreme Southern view of the subject
of slavery. Mr. Green was an intellectual man, full of
resources, and ansAvered Douglas as far as could be done
from the standpoint which he occupied.
From Canton I expected to return to Quincy and re
sume camp duties, but in the meantime the rebels had
surrounded Colonel Robert Smith, of the 16th Illinois
Infantry, at Monroe, Missouri, and the regiment was
ordered to Hannibal, Missouri, and proceeded by way of
that place to Palmyra and to Monroe, and the 14th Regi
ment never returned to Quincy, but was ordered to
Brookville, and then returned to Macon, on the North
Missouri Railroad, from which place we went to Stur
geon, leaving a battalion at Renick.

94 THE STORY OF AN EARNEST LIFE.
On the 31st of July, 1861, I was at Sturgeon, and ob
tained leave of absence to go home ; arrived there on the
2d day of August ; remained a few days, and rejoined
my regiment at Jefferson Barracks, Missouri.
On the 11th day of August, the battle of Wilson Creek
having occurred on the 10th, I was ordered to go to
Rolla, Missouri, meet the returning force, and cover the
retreat of General Siegel, who had retired from the battle
field of Wilson Creek. We arrived at Rolla on the 11th
of August, and, with the exception of occasional runs
into the country, remained there until October, covering
the country. In October, we returned to Franklin, and
proceeded to Jefferson City, and finally to Tipton, Mis
souri. We then proceeded to make the Springfield cam
paign ; Ave encamped at Otterville until February, 1862,
when all the troops were ordered from Otterville, Smith-
ton and Sedalia, and other points on the railroad, to the
Tennessee river, to reenforce General Grant. I was ap
pointed to the rank of brigadier-general on December,
20, 1861, and was assigned by General Pope to the com
mand of the post at Otterville.
On January 1, 1862, I was in command of the post of
Otterville, which place was also the headquarters of
General John Pope, who commanded a district with
rather indefinite boundaries . There was really at that
time nothing for an army to do in Central Missouri ; a
small mounted force was no doubt necessary to scour the
country, keep doAvn the ill-organized rebel forces which
were disturbing the public peace and stirring up disorder,
inflicting about as much injury upon their real or re
puted friends as upon their enemies, and were the nucleus
of those bands that later were the scourge of Central and
Western Missouri. In fact, the borders of Missouri and
Kansas had been, from a time which commenced before
the breaking out of the civil war, infested with lawless
men, known as Red-legs and Jayhawkers, on the one
side, and Border-ruffians, and other like names, on the
other.

ORGANIZATION OF 14TH ILLINOIS REGIMENT. 95
The crimes of these lawless men had demoralized so
ciety and prepared such men as Quantrell, Todd and
Anderson, and also created for them the desperate fol
lowers who ravaged the country, and, upon any pretext,
murdered and robbed, at their discretion. This condi
tion of things produced leaders for the Union men who
did them no credit, unless they were useful to fight the
Missouri borderers by methods and in a spirit resembling
their own. The names of Lane and Jennison and Mont
gomery are still mentioned with bitter execrations.
Enough is knoAvn of the horrors of the border warfare
to justify the belief, that no spot on earth was ever cursed
with more desperate and lawless men than those who
carried on a ruthless, predatory warfare on both sides of
the line which divides Kansas and Missouri.
I watched the growth of this reckless spirit, and ad
vised, to the extent of my supposed right to speak, that
early steps be taken to drive these men from the States
of Missouri and Kansas, and something was done in that
direction, but the work was not fully accomplished, and
the important and more decisive operations of armies in
Western Kentucky and Tennessee attracted the attention
of the President and the war department, and Missouri
and Kansas were in a measure overlooked and neglected.
On January 1, 1862, the Rebel army occupied Bowling
Green, Kentucky, with troops pushed forward nearly to
Louisville. They had all western Kentucky and Ten
nessee, occupied Fort Henry on the Tennessee river, and
Fort Donelson on the Cumberland. In the latter part of
January, General Grant commenced one of the most im
portant campaigns of the war, in which by the middle
of February he had captured both Forts Henry and
Donelson, forced Albert Sidney Johnston to evacuate all
the points held by the Rebels in Kentucky, and finally
abandon Nashville and Middle Tennessee ; and appear
ances indicated that the spring campaign Avould be
active and possibly decisive.
All of the troops around Otterville and Sedalia, and at

96 THE STORY OF AN EARNEST LIFE.
other points in the vicinity, were ordered to move at
once, by rail and quick marches to St. Louis, and thence
south, to join the forces under General Grant. I left
Otterville for St. Louis, and upon leave of absence,
visited my family at Carlinville for a few days, and then
proceeded to Cairo and reported to General Pope, whose
headquarters were on a steamboat, which the next day
Avent up the river to Commerce, some forty miles above,
and then a few days were spent in preparations for sub
sequent operations against New Madrid and Island No.
10, on the Mississippi river.
I Avas assigned by General Pope to the command of a
division consisting of the 34th, 43d, 46th, 47th and 59th
Indiana regiments of infantry, that were at the time I as
sumed command, at Benton, about ten miles west of
Commerce. These regiments were strong in numbers,
and Avere commanded by Colonels Ryan, McLean, Fitch,
Slack and Lieutenant-Colonel Scott, respectively. We
had been but a few days in Benton, until orders were re
ceived to march to New Madrid, which was occupied by
the Rebel forces. They also held Island No. 10, which
Avas fortified, and as was thought, commanded the pass
age of the Mississippi river. We reached the vicinity of
NeAV Madrid on March 1st, advanced and reconnoitered
the Rebel defenses. I had here my first experience in
the business of serious warfare. The enemy's works at
NeAV Madrid were in themselves well constructed, but
like all works of the kind on the Mississippi river, were
built on a plain easily observed and turned.
Our troops soon occupied Point Pleasant, which with
artiUery commanded the river, and early made New
Madrid untenable, and the Rebels abandoned it. After
its evacuation I was ordered with my division to move
down the river to Riddle's Point. The road to this
place led down the river for much of the distance near
the banks, and from the high state of the water the Rebel
gunboats commanded it with their guns ; the water
covered the bottom too, so that it was dangerous to leave

ORGANIZATION OF 14TH ILLINOIS REGIMENT. 97
the road, which was also for the greater portion of the
distance flooded, often to the depth of three feet.
The danger of suffering from the fire of the gunboats
made it necessary to make the march at night. We left
NeAV Madrid on the evening of March 16th, and hauled
Avith us a twenty-four pound iron gun and ammunition
Avagon, and reached Point Pleasant in the evening of the
17th, soon after sunrise, after wading half the distance.
In the afternoon of that day Ave marched about five
miles to a point opposite Tiptonville, Tennessee, and
during the night constructed an earthwork on the bank
of the river for the protection of the gun, and flanked
the works with rifle-pits dug in the sand, sufficient for
the protection of a regiment. The gun was in charge of
a detachment of Iowa volunteer artillerists, and the 47th
Indiana were placed in a position for the occupancy of
the rifle-pits when necessary.
The point occupied by these troops was one of singular
loveliness ; around the position was a peach orchard in
full bloom, and in the rear were the undulations in the
surface made by the great earthquakes of 1818, follow
ing each other in almost regular succession at short dis
tances. The narrow elevations with corresponding de
pressions formed a natural protection for troops at
supporting distances from the earthworks and the rifle-
pits, while the river, here confined within its banks on
both sides, flowed south in a rapid but smooth current.
On the morning of March 18th, word was received at
the battery that several Rebel gunboats were steaming
up the river, and would soon be in sight. I must pause
in the story long enough to describe the scene as it ap
peared to me soon afterwards, when I caught sight of
the leading gunboat around the bend below. The course
of the river at that point was from north to south, and
the little town of Tiptonville was directly opposite to us
on the east side of the river ; the sun shone brightly, and
the reflection of its rays upon the water gave it an ap-
7

98 THE STORY OF AN EARNEST LIFE.
pearance of clearness and depth which was delightful ;
and just below were trees beginning to show their leaves,
while in the rear were a few farm buildings, and at a
small distance was the orchard of the magnificent dis
play of peach blossoms of which I have spoken, and in
and around it and near the line of rifle-pits were soldiers
looking upon the coming fleet of gunboats steadily ap
proaching with the evident purpose of making an attack.
We were then unfamiliar with war in any of its aspects,
and knew nothing of the character of the strange enemy
which by this time had increased to five. The leading
boats, when a short distance below us, for some reason
threw a few shots into the woods, and then, probably dis
covering the infantry, moved out towards the middle of
the river, and our little body of artillerists fired a shot
at the leading boat, which we could see struck the water
ahead of its object, and then ricocheted away towards the
other shore. Then came the return short, and at the
flash the men leaped into their rifle-pits and disappeared,
and then followed shot after shot from the guns of each
of the boats and the steady roar of our single piece.
Two of the boats soon appeared to be crippled, moved
slowly down the river, and took no further part in the
combat. Once the boats moved in the direction of the
shore, but the musketry from the rifle-pits convinced the
enemy that they could not safely land. How long the
cannonade continued I cannot tell with exactness, but
after awhile our gun ceased firing, and upon going to the
battery, I found the gunners completely exhausted lying
down beside their piece.
The gun was struck near the muzzle, but not seriously
damaged, and after a few more shots directed towards
the rifle-pits, the enemy started down the river. It is
remarkable that, though more than a hundred shots
were fired from the gunboats, not a man on our side was
injured, nor do I know that anyone on the boats was
hurt. After that affair the gunboats of the pattern then
in use were no longer objects of apprehension to us, and

ORGANIZATION OF 14TH ILLINOIS REGIMENT. 99
they never again to my knowledge appeared above Fort
Pillow. A day or two afterwards, an Ohio regiment reached
us with another twenty-four pound gun, and the two
were placed at a point further down the river, in order to
cover the landing below Tiptonville, and prevent the
landing of transports to carry off the troops if they
should attempt to escape from Island No. 10. Trans
ports frequently attempted to approach the landing, but
our artiUery fire kept them away, and in the meantime
our gunboats continued to shell Island No. 10 from
above, and General Pope completed his preparations to
cross the river Avith his forces and capture it. On Sat
urday night, March 19th, Captain Walk with the gun
boat Carondelet ran past the Rebel batteries on Island
No. 10 without injury, and appeared on the river below.
The passage of the Rebel batteries by the Carondelet
changed the whole face of affairs. On Sunday, he came
down the river opposite my camp and invited me to
come aboard and return with him up the river to New
Madrid, and on the way point out the Rebel batteries.
We found one about three miles above my camp, and
but one. It was a single twenty-four pound gun pro
tected by a slight earthwork. The Carondelet was a
turreted ironclad of a pattern lately introduced, and we
landsmen for the first time witnessed the operations of
the floating battery against the one on land. The boat
made quick work of it. It moved up in short range,
and with a feAV shots, which sent the earth around the
ears of the artillerists, drove them from their gun.
A party was sent ashore to spike the piece, and we
went on our way up the river to New Madrid. The next
day General Pope crossed the river with his forces and
captured Island No. 10, with a large amount of arms, ar
tillery and a number of prisoners.
During the time that my command was in camp at
Riddle's Point, one incident occurred which first taught
me the sincerity of the friendship of the negroes for our

100 THE STORY OF AN EARNEST LIFE.
armies and the value of their assistance, especially in
minor matters in a country like that in which we were
then operating. The fact has already been mentioned,
that from the stage of the water in the Mississippi river
the lowlands in the bottoms were overflowed, and in ad
dition to this the creeks and sloughs were full, so that
reconnoissances and scouting parties, necessary to our
safety, were unable to move any considerable distance
without boats or other means of crossing them. The
Rebels had removed all boats and skiffs which could be
found on the west side of the river. I sent out parties
in search of them, and made extensive inquiries, but
was unable to find one, and had abandoned the expecta
tion of doing so, when one night a colored boy, who had
escaped from the Rebel works and come to our camp, and
had guided my command on the night march from New
Madrid to Point Pleasant, told me that he knew a man
who could find for me what I wanted. I told him I
must see this man, and then he left me. Within an hour
he brought to my tent a negro man, who seemed anxious
to conceal his visit to me. After answering some ques
tions as to his name and residence, and some other
matter of like character, and inquiring of me in what di
rection I desired to send my party, he said he could find
such means of transportation as the party needed, but
his agency in the matter must not be known, and pointed
out the danger to himself which would follow the dis
covery by any white person. The next day one of my
scouting parties found no difficulty in crossing streams or
bayous. The necessary means of crossing were ready
when needed ; where they came from no one seemed to
know, and I was informed that after the parties had
used them they disappeared as if by magic.
I have rarely met a more remarkable person than
the negro referred to ; his exact age was of course to me
uncertain, but he seemed to be approaching middle life.
He was not tall, but was athletic ; his head was large,
and his eyes were overhung with heavy projecting brows ;

ORGANIZATION OF 14TH ILLINOIS REGIMENT. 101
his manner was grave almost to sadness. He was a
pure negro, beyond doubt, and, as almost all the ambi
tious negroes Avere, he was a preacher. I found all over
the South that, as the only thing resembling a profession
open to the slaves was the ministry, a very large number
of them became preachers, and, by virtue of the position,
leaders of their people.
As a class the preachers were regarded with jealousy
by the slave OAvners, but they were often useful to them
as teachers of the religious duty of the slave to obey his
master. The man to whom I refer had often no doubt (es
pecially in the hearing of white people) preached to his
race from the choice texts of the slaveholder's gospel :
"Servants, obey your masters," etc., but he furnished
evidence by his language, and more forcibly by his con
duct, that the iron of hopeless servitude had entered his
soul, and that he would be prepared, if ever the hour
should come Avhen it was necessary, to shed blood to
rid himself from bondage.
I occasionaUy met among the blacks men somewhat
like this one, but none that I thought his equal in craft,
cunning, or capacity. He was useful while he remained
in the neighborbood, and I know but little of his subse
quent history. On March  , a part of my command
was sent to Tiptonville, and Avith two of my regiments,
and nearly all the forces commanded by General Pope,
I descended the river. The ostensible object of the
movement was the capture of Fort Pillow. We reached
a point a few miles above the fort with a fleet of trans
ports, and after remaining there tAvo days, without
landing more troops than Avere necessary to guard the
boats, orders were received to return up the Mississippi
to the mouth of the Tennessee, and up that river to
Hamburg, where the force under General Pope was
landed, and became the left wing of the army, which,
under Halleck, was then, and for a month afterwards,
engaged in digging its way to Corinth, Mississippi.
As soon as the forces were landed, I was assigned to

102 THE STORY OF AN EARNEST LIFE.
the command of a brigade of the first division of the
Army of the Mississippi. The second brigade was com
manded by that fine soldier Brigadier-General James D.
Morgan, and General E. A. Paine commanded the di
vision. Very soon after I was assigned to a command, I
moved to the front slowly, only keeping pace with the
movements of the army. The enemy occupied Corinth
with his whole army ; we moved out by slow marches,
frequently encountering small bodies of Rebel troops
that were being driven before us until we reached the
east side of an extensive swamp which lay between us
and Farmington, Mississippi, and probably six miles from
Corinth. We remained in camp a few days until the roads
across the swamp were constructed, and on May 9th I
was ordered, with other troops in support, to make a
reconnoisance in the direction of Corinth. We ad
vanced close to that place until we discovered an earth
work on a hill to our front and then fell back slowly.
Soon after we commenced the return march, I discovered
a Rebel force on both flanks, who made a determined ef
fort to cut us off, and then for the first time I learned the
superiority of the repeating arms such as we then pos
sessed, over the muskets then in use.
Two companies of the 42d Illinois were armed with
Colt's revolving rifles. These companies were placed on
the flanks of their regiment, and opened fire upon the
forces opposed to us. The effect of this rapid firing
caused the enemy to fall back, while we moved forward
and took a position on the hill east of the creek, and in
the direction of the camp. The Rebels attacked us with
a good deal of earnestness at first, but as our forces were
partially concealed, they were not willing to engage us
closely ; they returned in the direction of Corinth, and
we returned to our camp on the east side of the swamp,
but pickets were left well advanced west of the SAvamp,
with a brigade to support them.

ORGANIZATION OF 14TH ILLINOIS REGIMENT. 103
The next day I was made general officer of the day,
and was ordered to advance to Farmington Avith my
whole command and occupy the village. I ordered my
command to move, and rode forward across the swamp,
in the direction of Farmington, to visit the pickets, as
Avas my duty. I proceeded, accompanied by a single
orderly, and overtook and passed a large company of the
14th Michigan Infantry, under the command of Captain
Fitzgibbon, a jolly Irishman with whom I was ac
quainted. This company was on the march to relieve
the pickets who Avere posted on the west side of a cleared
field which had to be crossed by us. I reached the hol
low south of the field, and had ridden until I had got to
its head, when I was fired upon by a squadron of Rebel
cavalry. I rode back at full speed, entered a hundred
yards ahead of my pursuers, and reached Fitzgibbon,
Avho with great presence of mind, gave them a volley
which emptied several saddles, and sent them aAvay in a
hurry. I had barely again reached the table land, this
time accompanied by the infantry, when I heard firing
on the picket line, and noticed the pickets coming in
across the field, and soon saw infantry skirmishers com
ing out of the woods from the direction of Corinth. I
rode back to my brigade, which had crossed the swamp
and were well advanced in the direction they were ordered
to move. I pushed the 27th Illinois forward towards
the point at Avhich I had met Fitzgibbon, moved the 22d
Illinois to the front of a point of woods on the right of
the 27th, moved the 51st Illinois to the left of the 27th,
and left one battalion of the 42d Illinois to cover my
left, and placed the other battalion of the same regiment
along the edge of a wood to cover my right, and placed
Hiscox's battery near the center, to command a force of
infantry Avhich by that time were passing east, with the
apparent purpose of turning my left.
I made my dispositions with much more composure
and confidence, though this was my first battle, than I
ever felt on later fields. I had four good regiments of

104 THE STORY OF AN EARNEST LIFE.
Illinois men, of an aggregate strength of some twenty-four
hundred ; I had a battery of six pieces — four "Parrots"
and two tAvelve-pound hoAvitzers. I did not stop to count
the enemy, but was confident of victory. I proceeded to
ride along the front of my troops, and gave them the
orders which veracious history tells us are usually given
by great generals on the eve of a battle. I told them to
"stand firm," and withhold their fire until they could
"see the whites of the enemy's eyes;" to "fire Ioav,"
etc. It is needless to repeat all that I said, as much of
my eloquence may be found in almost any well-written
military history.
When the firing commenced, I had noticed a force of
the enemy advancing toAvards my right ; I expected them
to be met by the battalion of the 42d Illinois, and hoped
for support in that direction from a brigade of Stanley's
division which I had passed soon after crossing the
swamp, so that I did not doubt that they would be re
pulsed. Another force which emerged from the woods
into the open field to the front of the 22d Illinois, and
those who appeared some time before to be moving east
from Farmington to my right, changed their direction,
and marched north, toAvards that part of the line occu
pied by the left of the 27th and 51st, and one battalion
of the 42d. The state of my feelings may be guessed,
when, soon after this time and the firing had become
general, a messenger from General Pope rode up and
inquired about the state of affairs, I wrote with a pencil :
"I can hold my position against the world, the flesh and
the devil."
It seemed to me that I had at last found the opportu
nity I had Avaited for, and, with great confidence in my
men, I expected to win a victory.
I was with the 22d Illinois opposing the force that
came on the Purdy road. As these troops came out upon
the open field, they, without perceptible halting, formed
line of battle, and moved steadily upon us. When within
what seemed fair range, Ave opened fire upon them, and,

ORGANIZATION OF 14TH ILLINOIS REGIMENT. 105
as I observed the steady fire of my regiment, I expected
to see them thrown into disorder, and, perhaps, break
and fly, but they did not seem to be in the slightest de
gree disturbed, but steadily advanced. Soon after, a
battery was pushed through one of the intervals in the
line and opened upon us. For a few minutes I felt, and
think my men also felt, as raw troops always do when
first exposed to the fire of artillery, "very much as if
they wanted to get aAvay from there !" Soon, hoAvever,
I discovered that the noise made by artillery is altogether
out of proportion to the mischief it does, and, satisfied
with the appearances there, I rode to the left, where the
fighting appeared to be very close and desperate. Here
it also seemed to me, from the appearance and steady ad
vance of the enemy, that my fire was not so effective as
it ought to be. I rode to Hiscox, and said : "You don't
seem to strike them ; turn your howitzers upon these
rascals who are coming doAvn that point," and I pointed
to a mass descending a hill to our front, at a distance of
possibly four hundred yards. He said : "General, I will
hardly have time to get my guns off the field." "Get
your guns off the field! what do you mean?" He an
swered: "Good God, general, just look?" I did so, and
saw a line advancing upon the whole semi-circle from the
northwest to southeast. "Give them one anyhoAv!" I
shouted. He did so, and moved off in a gallop ; and
when I turned I saw my whole line rapidly retreating,
pursued by the enemy. I rode some two hundred yards
until I reached the head of the retreating troops, seized
the flag of the 27th Illinois, and shouted to the men to
"rally round the flag." Many of them looked at me as
they passed, without stopping ; some halted and made a
slight effort to rally their comrades. While this was
going on, and everything was in confusion, and my
own troops were hurrying towards the SAvamp, I received
a blow from a fragment of a shell on the large muscle
of the left arm above the elboAv, which, for a moment or
more, engaged all my thoughts ; the effect was to be-

106 THE STORY OF AN EARNEST LIFE.
numb the arm so that it fell to my side ; it seemed to
me that the bone of the arm Avas crushed into fragments .
I remember that I reached around, and with my right
hand grasped my left wrist, and slowly raised it to a
horizontal position, then let it go ; it remained so, though
it tingled its whole length. I uttered a shout that at
tracted the surprised attention of my men, and seeing
that the enemy had passed the timber which had been
occupied by my troops on the south around to the west,
I rode down towards the point where the road leading
to camp entered the swamp. On my way I passed a
few companies of the 47th Illinois in line, with their left
approaching the road referred to, and about that time
the 42d Illinois came up from the south to the same
point. The enemy, evidently under the belief that our
troops had all retreated beyond their reach or appre
hension of an ambuscade, came on so slowly that I had
time to put the 42d Illinois troops in a favorable position
before they came up. The portion of men referred to
formed a triangle, the road cutting the woods at a point
most distant from the enemy. I saw a party away to
the left moving east as if they intended by a detour to
interpose between us and the camp, but, being familiar
with the ground in that direction, I knew the movement
could not be successful. I could hear firing to the right
somewhat in advance, but my only fear was that the
enemy would cut off part of the 42d Illinois, which had
been sent in that direction, which in fact they did ; but in
my front was an open field much higher than the ground
we occupied. I could see nothing of the enemy, though
two or three batteries, as we judged from the sound,
were using shells and grapeshot, which nearly all passed
over our heads. They were evidently attempting to
reach the causeway over which they knew we would re
treat. While waiting for a report from Major Swan-
wick of the 22d Illinois, whose regiment, having left the
field, returned and joined me, and Lieutenant Childs,
one of my aides, whom I had sent to the left to learn

ORGANIZATION OF 14TH ILLINOIS REGIMENT. 107
the character of a force wliich had halted in the shade,
and so made it impossible to make out their uniforms,
I ordered a drummer boy standing by to climb a tree
near to see what the enemy to my front Avas doing. He
reported that they were coming, and had hardly de
scended when he was struck by a grapeshot on his left
breast and killed within a few feet of me. I had but a
moment to examine the little fellow and order him to
be carried off the field, when the Rebels appeared in a
confused mass, denouncing us as cowards, and telling us
to "run, "in language which I cannot repeat. They had
come into full view and were at short range, when a vol
ley was fired from the two sides of the triangle before
described. I have rarely seen so much damage done
by a single volley. I could see men and horses in con
fusion, and we took advantage of the delay occasioned
and filed into the road and moved off.
Colonel Roberts, of the 42d Illinois, halted one of his
companies at the bridge over the creek which flowed
through the swamp. A few, perhaps a battalion, of the
enemy followed to that point, but were driven back by
the rapid firing of the revolving rifles, with which that
company was armed, and I marched into camp in the
rear of the 42d Illinois, which was in excellent order.
I had never seen the rear of any force during a battle,
and though all of my troops that were not killed
or wounded and left on the field from which we had
been driven, were in good order in advance of that part
of the 42d Illinois with which I came into camp ; but I
was greatly disgusted when I reported to General Pope,
and met the laughter of the general and officers around
him, at the result of my boast, by saying that I was
able "to withstand the world and the flesh, but the devil
was too much for me ! ' ' and then added I had met a
superior force and left the field in good order, to be told
that my men had been coming into camp for three
hours on the run, reporting everyone but themselves
killed or captured, and to this was added the further

108 THE STORY OF AN EARNEST LIFE.
statement, that if they had not been stopped in camp,
one-half of them would have continued runing until
they reached the Tennessee river ! I resented this im
putation upon the courage of my troops, but I am satis
fied that a great many of them left the field very early.
This conclusion is, however, largely the result of my
subsequent observation. This affair illustrates the fact
that the mutual ignorance of opposing forces on a bat
tlefield produces some strange results. The Rebels in
Cornith undoubtedly learned during the night of May
9th that one of our brigades was on the west side of the
swamp, and their movement was directed against that
brigade ; they were no doubt disappointed when they
met my brigade in motion, so much in advance of Avhere
they had expected to find the brigade that had attracted
their attention, and from that circumstance probably
supposed that a much heavier force was within sup
porting distance. Nothing but this or some other un
explained reason made their movements slow ; they had
upwards of ten thousand men in the field, and if they
had moved rapidly as might have been, expected nothing
could have prevented them from capturing my brigade
or cutting it in pieces. Perhaps as it was I am in
debted for my escape to an opportune charge made by
the 2d IoAva Cavalry, commanded by Colonel Hatch un
der the orders of General Paine, who, discovering that
I was hard pressed, ordered the cavalry charge to divert
the attention of the enemy.
At all events, the cavalry charged, and scattered the
infantry supports. It was gallantly done, and no doubt
checked the enemy's advance upon my right, and made
it possible for me to give them a staggering blow as I
left the field. We lost a good many men in this affair,
and several valuable officers were killed ; among whom
Avas Lieutenant-Colonel Miles of the 47th Illinois. Like
many volunteer officers early in the war, he felt it to be
his duty to expose himself to danger in order to give

ORGANIZATION OF 14TH ILLINOIS REGIMENT. 109
his men confidence in his courage ; it cost him his life,
and deprived the country of a promising officer.
Within a few days after this affair, General Pope's
command, which was still known as the Army of the
Mississippi, moved forAA'ard to a position near Farming-
ton, Mississippi, and as he approached the enemy near
Cornith, my duties were pressing, and often fatiguing.
I had frequent affairs with the Rebels' reconnoitering
parties, but my last day's service was that of general
officer of the day, on Sunday, May 29th. On the morn
ing of that day I rode along the line of pickets, which
was very near the enemy and was exceedingly danger
ous from the number of sharpshooters.
In going down from the right to the left along the
line, a young lieutenant of a Michigan regiment riding
by my side was shot through his body, and died within
a few minutes. I proceeded still further south, and
again passed a point much infested by the sharpshoot
ers ; one fellow was extremely watchful, and was a fine
shot. Anxious to find his exact position I left my
horse, and went forward to a tree, and undertook to
look for him ; he caught sight of my hat, fired, and
missed, but one of our sharpshooters some distance to
our left caught sight of him as he fired at me and hit
him fair ; we saw him spring forward, and heard from
him no more.
Once during the day the Rebels shelled the picket
lines, but made no impression. Late in the evening
I returned to my quarters ; I had eaten no dinner,
but felt so heavy and drowsy that I lay down, and as
I did so I said, "If I am asleep when supper is ready
do not disturb me." I fell asleep at once, and in the
night, at what time I do not know, I thought I heard
firing on the skirmish line. I attempted to rise, imag
ining I had received a bayonet thrust in my left side, and
have no recollection of any event which occurred for
many days afterwards.
I had observed for sometime that there was much

110 THE STORY OF AN EARNEST LIFE.
sickness and many deaths in my own command, but
anticipated no danger for myself. In the morning of
the day I was attacked by illness, I felt as well as any
time for many months ; I noticed at noon that I had no
inclination for dinner, and about the middle of the
afternoon I had experienced a sense of weariness for
Avhich I could not account ; I rode to my tent, and felt
a slight chillness, then fell asleep, and was aroused as
before stated, then became unconscious. When I re
covered consciousness, Dr. Fitch of the 42d Illinois was
near me, and he said, "He is all right." I asked in a
whisper "What is the matter?" His answer was, "You
have had a close graze," or some such expression. I
thought from the excessive soreness in my side that I
had received a wound, and did not know to the contrary
until several hours afterwards, when told that I had
pneumonia. On May 13th, I was assisted to mount my horse, to
take part as I supposed in a battle for the possession of
Corinth ; for once in my life I was absolutely indifferent
to death. I rode to where my command was in line,
ready to advance if required, and while waiting the re
port reached us that the enemy had evacuated the place
and were in full retreat. I was then lifted from my
horse and laid upon the rail roof of a shelter made by
the pickets ; I was taken again to my tent, saw my own
troops move off in pursuit of the enemy without me,
and felt that the war was over as far as I was concerned.
Some of the officers and men who knew my situation
called, looked in, spoke a few words of sympathy, and
in doing so left upon my mind the impression that our
separation was final. I am quite sure that those who
saAV me believed that I Avould die, for there were few
who recovered from such an attack as mine. I re
mained in my tent until the next day, and was then
placed in an ambulance and removed to Hamburg. A
steamboat Avas on the point of leaving for St. Louis ; it
afforded comparatively comfortable accommodations for

ORGANIZATION OF 14TH ILLINOIS REGIMENT. HI
me, and I was at once placed on board, and soon moved
down the Tennessee and Ohio rivers to Cairo, and then
up the Mississippi to St. Louis. I have no recollection
of the scenery along the river nor the difference between
the days and nights of the passage ; I only know that at
St. Louis I was taken from the boat to a hotel, and that
I was placed in one of the cars on the railroad. I do re
member that at Godfrey I saw a wheatfield nearly ready
for the harvest, and thought that I had never seen any
thing more beautiful. I reached home on June 5th, and
with the attentions bestowed upon me, I at once began
to improve. I had not remained at home long before I
saw enough to convince me that home life during the
war must have been to others who were unable to join
the army, of all conditions most miserable ; the people
were divided into hostile parties, who not only disliked
but feared each other. The ardent Union men had
formed a secret political society, as they said, to oppose
the "Knights of the Golden Circle," and other disloyal
societies, while as I could readily discover, there was a
large number of conservative men, who though alarmed
by the sign of the times, were active in their efforts to
control the violent and rash, and preserve public order.
I have always opposed secret political societies for
reasons which seem to me unanswerable, and my obser
vation of their influence during the war, confirmed my
dislike for them. The secret leagues of Union men dur
ing the Avar were dictated by the timidity of the Union
people, and after they were organized, their proceedings
so far as I am informed, were lawful and proper, and if
they had been made public, would have been understood
and would have excited no apprehensions, nor could they
have been misrepresented by those who sought to induce
the people to enter organizations of a questionable char
acter. I do not attempt to describe other political organ
izations of whose existence I was informed, but I was
satisfied that they were unnecessary and believed them
to be dangerous. I exerted myself to induce my neigh-

112 THE STORY OF AN EARNEST LIFE.
bors of all parties to abandon the secret societies to
which they were supposed to be attached, but I imagine
that my efforts were not successful to any great degree,
for I was told before I left home again for the army, that
my reported opposition to a secret society of the Union
men led some to express doubts of my loyalty to the
Union cause. I invited one of the gentlemen who ques
tioned my loyalty upon that ground to return with me
to the army ; he declined upon the ground, not apparent
to others, that his health was too feeble to permit him to
be a soldier.

ARRIVE AT NASHVILLE, TENNESSEE. H3

CHAPTER XII.
Retreat to Nashville — Mr. Slate — Pulaski — Major McKittrick discovers
a friend — Arrive at Nashville.
I remained at home until August 26th, when I started
on my return to rejoin my command, which was then at
different points upon the Memphis and Charleston Rail
road between Tuscumbia and Decatur. On reaching
Tuscumbia, I was assigned to the command of a division
of which my brigade was a part, and relieved General
E. A. Paine, its former commander. Brigadier-General
James D. Morgan was in command of the first of the
brigades, and Colonel Geo. W. Roberts, of the 42d, suc
ceeded me.
With the command of the division, General Paine
turned over to me orders from General Grant, who by
this time had become the commander of the Army of
the Mississippi, directing the division to march by the
way of Athens and Madison Cross-roads to Dechard on
the Nashville and Chattanooga Railroad, and there re
port to General Don Carlos Buell, who, on the west side
of the Cumberland mountains, was watching Bragg, who
had concentrated the whole of his army at Chattanooga.
Morgan's brigade crossed the Tennessee river at Flor
ence, and on September 2d, I started by rail to Decatur
to collect Robert's brigade at that point, cross the river,
march to Athens and join Morgan's brigade, and, with
the whole division, march to join Buell, as contemplated
in my orders. The direction of my march was changed
by an accident singular enough to describe. Morgan
reached Athens, September 5th, the day before my ar
rival, and when I joined him I found a well-dressed and
very quiet looking citizen under close arrest near his
headquarters, which Morgan explained as follows :
8

114 THE STORY OF AN EARNEST LIFE.
Soon after his arrival at Athens, he received a well
written, anonymous note, which described a man named
Slate as "a very dangerous person." Morgan was ad
vised to arrest Slate, and assured that if he did so and
would use proper means of compulsion, he would fur
nish valuable information. The writer professed to be
a devoted Union man, and insisted upon the prompt
arrest of the person named Slate with great earnestness.
A squad of soldiers was at once sent to the store of Slate,
who was a dealer in flour, bacon, etc., and he was ar
rested and brought into camp . He was followed by some
of his neighbors and acquaintances after his arrest, who
spoke of him as a quiet, peaceable man, but when he
found an opportunity to speak to Morgan alone, he said
he was a native of Ohio, who found himself in Alabama
at the breaking out of the war, and since that time had
found no opportunity for escape to the North. He then
said that two days before a courier from General Buell
to the commander of my division was captured near
Athens with dispatches announcing that Buell himself
had fallen back to Nashville. The information with re
gard to the change of General Buell's plans seemed suf
ficiently startling, but it disclosed to me the fact that I
had a march of more than a hundred miles before me,
my route infested with Rebel cavalry, and an uncertain
force of infantry at no great distance to my right, who
might easily place themselves on my road to Nashville.
After securing this information, I knew there was no time
to be lost. Ostensibly to punish the recreant Ohio man,
we seized his whole stock of flour, bacon and whatever else
he had, and after valuing the stock with a great show of
fairness, gave him a voucher for the amount of its ap
parent value, payable upon proof of his loyalty, and to
make his punishment apparently as harsh as possible,
we took him Avith us as a prisoner. It is hardly neces
sary to add that whatever show of opposition he made
at first, we had no difficulty in keeping him with us.
After an hour's march, he disclosed his true character,

ARRIVE AT NASHVILLE, TENNESSEE. H5
said he had written the letter himself, and soon after we
arrived at Nashville, his vouchers were paid in full with
out additional proof of his loyalty.
The difficulties of the march from Athens to Nashville
were greatly increased by the fact that the quartermaster
at Decatur had undertaken to send under my protection
to Nashville a large number of wagons loaded with prop
erty which would otherwise have been destroyed or aban
doned. Several hundred loyal men with their families
from the hills south of the Tennessee river had joined
me in order to reach the North and escape Rebel con
scription. I had also with my column one hundred or
more convalescents from the regiments that remained
with General Rosecrans, and a numerous crowd of negroes
of all ages and sexes, who, in spite of all my exertions to
prevent them, had crossed the Tennessee river on the
ferry-boat which I had used in crossing my men. Thou
sands of them were collected on the south bank of the
river hoping to cross. The wail of the poor creatures
was piteous as the ferry-boat, fired by my order when
the last of my troops had crossed, passed down the river
in their sight wrapped in flames.
On Sunday morning, September 7th, I moved out on
the road from Athens to Elkton, by way of Blowing
Springs, with nine regiments of infantry, two six-gun
batteries, an escort of about fifty cavalry, and more
than a thousand non-combatants, composed of conva
lescent soldiers, loyal Alabamans and negroes, as be
fore stated.
As I anticipated, the route was infested with bands
of mounted Rebels. Information of my situation as
well as of my orders were in their possession, and it
seemed to me that all the male inhabitants of the
country who could raise a horse and shot-gun were
out on that Sunday morning "hunting Yankees." We
brushed them from our road when they confronted us
but they were numerous and troublesome.
We moved in good order and at a steady pace until

116 THE STORY OF AN EARNEST LIFE.
we reached "Blowing Springs," of Avhich I have spoken,
where we halted to close up the column. Blowing
Springs — why so called I never kneAV — are a number
of large and beautiful springs situated in a deep valley
Avhich opens to the north and terminates in the valley
of Elk river, which we were approaching. After en
tering the descent into the valley where the springs are
found, the head of the column marched about half a
mile, so that when halted it extended along the road
which was overlooked by hills at no great distance.
A very exciting and as was thought by others an
amusing incident occurred to me while the men were rest
ing in what seemed to us all a very comfortable and safe
position. After we halted I saw near the road a hand
some log house, in the door of which stood a remarkably
comely, neatly-dressed woman. She appeared so polite
and good natured, that I crossed the little fence that
stood in front of the house and commenced a conversa
tion with her. We were soon both standing in the door
facing each other, when suddenly the Rebels on the hill
west of us opened fire at not more than a hundred yards
distance ; with the report the shot rattled against the
fence and side of the house ; she sprang inside and
slammed the door, and as I was next to the hinges the
closing door pushed me out of my place and against the
fence. The firing wounded two or three men, but upon
our return of the fire they fled. Upon reaching the
place the Rebels had occupied we found two guns and a
revolver, "signs" indicating that probably we had done
some execution.
We resumed our march and crossed the Elk river,
about the middle of the afternoon at Elkton, where we
struck the turnpike from Elkton to Nashville ; I had
never marched upon a turnpike before, and was de
lighted with its smoothness and the ease with which the
whole column with a long train of wagons was kept
closed up. Near sunset we reached Buchanan's creek,
about six miles from Pulaski, Tennessee.

ARRIVE AT NASHVILLE, TENNESSEE. H7
The site of our camp for the night was an exceedingly
pleasant one ; it was well watered and situated so that
it could be easily guarded, and we prepared for a good
night's rest after a march of upwards of twenty miles.
It Avas about ten o'clock in the evening when a negro
man was brought in by the pickets ; he reported that a
Rebel force, commanded by Colonel Biffle, were at the
Fair Grounds near Pulaski, and that they expected, as
he expressed it, to give us some trouble next morning.
I had no great respect for the forces he spoke of, and
determined to surprise them about day break, instead of
waiting for them, and accordingly Colonel Roberts with
two regiments of hia brigade left the camp about mid
night, guided by the negro man mentioned, with orders
to push on to Pulaski, and make his attack as soon as
he could reach the enemy. He reached their camp at
daybreak, as was expected, but they had been warned
of his advance and did not wait for him. He only suc
ceeded in capturing a few prisoners, a large mail and a
breakfast, which the people of the neighborhood had
prepared for them.
On September 8th, we marched early and reached
Pulaski about nine o'clock. I called upon the Hon.
Thomas Martin, with whom I had become acquainted at
Washington, while attending the Peace Conference in
1861, of which body we were both members. He re
ceived me kindly, and satisfied me that he had no sym
pathy with the Rebellion, though his situation com
pelled him to acquiesce in the general sentiment of the
people around him. I breakfasted with him, and when
I took leave I felt that his situation was pitiable ; he
was advanced in life, and had large property in the
town, and naturally felt apprehensive for its safety.
I noticed when we entered Pulaski that there were
many persons on the streets dressed in citizens clothes,
who watched us as we passed through with apparent
unconcern, but who were in fact, as I then supposed, a

118 THE STORY OF AN EARNEST LIFE.
part of the men whom Roberts drove out of their camp
that morning.
They had made slight changes in their dress and had
washed themselves, which had probably done as much
to change their appearance as anything else. I was ex
tremely distrustful of them, for they attempted to capture
the small guard that I left in the town to prevent mis
chief by stragglers. After moving out from Pulaski a
short distance, I witnessed one of those scenes that try
men's patience severely without affording an opportunity
for redress.
At about that distance from the town we passed a cotton
mill by the roadside. It was a two-story frame house,
with perhaps a dozen windows on the side next the road,
and from each of these windows there peered as many
heads of women as could crowd into them. They hissed
as we passed, and some of them screamed, "Run, you
cowards ; they'll catch you before you get to Nashville,"
with many other things of like character, pleasant to
listen to. I stopped a moment in front of the building,
provoked, I confess, but after listening to them a few
moments, I said: "Ladies, do you know that nearly
every one of these men carry matches in their pockets ;
this building would burn nicely I" They took the hint,
and we heard nothing more from them.
A few minutes after this scene I heard firing up in the
town, and upon riding back a short distance I met my
guard, which had been left in the town for its protection,
retreating pursued by some of the same citizens whom I
had seen before leaving town. The temptation to march
back and burn the town almost overpowered me.
We marched forward, however, and in the afternoon
were attacked by a force of six hundred mounted men.
They killed two of the negroes who were following me,
and stampeded some of the teams ; one of the wagons
broke down and was burned with its contents.
We reached Lynn creek after a march of twenty miles,
and camped early in order to bring up the wagons and

ARRIVE AT NASHVILLE, TENNESSEE. H9
collect my miscellaneous followers before dark. It was
evident that the Rebels were increasing in numbers and
audacity. Impressed by this information as we passed
Spring Hill, a small village, I ordered Captain Ranney
of the 42d Illinois, to seize all the horses he could find,
and mount his company. Ranney did this successfully,
and soon had them mounted, and some of the men, not
included in the order, "got something to ride."
They brought into the line, as one of them said,
"everything that had hair on 'em," stallions, brood
mares, two year old colts of both sexes, and one good-
looking fellow got hold of a "jack," which he rode bare
back and guided with a halter. We marched about
three miles further and halted near an excellent spring,
which was just outside the camp, and the Rebels "am
bushed" it, and wounded one or two men who went to
the springs for water before we discovered them. A
volley of musketry into their covert scattered them, and
upon going to their hiding place we found they had suf
fered more injury than was inflicted upon us.
Awhile before sunset, after we had made arrangements
for the night, the picket brought in a stout, portly gen
tleman, pretty well mounted, who announced himself as
Major McKittrick, and told me that he had followed me
to induce me to give up his "stock." He described a
number, four or five, to be mares that had suckled colts
during the summer, and fillies, all "blooded." Luckily
for the major, I had noticed his animals, and regretted
that they had been taken. It was easy for him to ob
tain my consent to restore them. He wanted to take his
stock at once and return home, but I invited him to
spend the night with me. He declined very politely, but
when I informed him that I would be compelled to insist
upon his remaining, he submitted quite cheerfully. He
took his supper, talked quite freely, and after awhile we
discovered that Ave were relatives — "kin." His mother
and mine were of the same name, and came from Cul
pepper county, Virginia.

120 THE STORY OF AN EARNEST LIFE.
Having these facts to start with, Virginians and Ken
tuckians will readily understand that it was not diffi
cult for the major and myself to supply the "missing
links." This was not the last time I met "my cousin,"
the major, for after our arrival in Nashville, most of the
animals we had captured on this occasion were useless,
and while wondering what could be done Avith them, the
major came in one day with a number of majors and
captains, who like himself were too old to go into the
Rebel army, and were therefore loyal. They claimed
the stock, proved their title by the major, who was
understood by them to be my kinsman ; they dined with
me, took their animals, which I returned at the major's
request, and left Nashville for home. I confessed, how
ever, to my cousin, that the scarcity of forage in Nash
ville had its influence in making me liberal.
The march next day was an exceedingly lively one ;
the Rebel forces were still increasing, and fired upon us
from every favorable position they could find. The ex
cellence of the turnpike enabled me to keep the wagons
of my train close up. My non-combatants were by this
time foot-sore and weary, but were placed at intervals in
the column ; the weakest and most helpless were put in
the wagons, whUe, with a heavy rear-guard and strong
flanking parties, we were able to keep the enemy at such
distance that they did us no great harm.
As we approached Columbia, they pressed us with so
much force that Roberts' brigade halted, and formed a
line of battle to cover our crossing of Duck river ; they
did not choose to attack him, so we crossed the river
safely and camped.
As we moved off the next morning, the Rebels from
the south side of the river commenced firing upon us.
Anxious to get my column of wagons and crowd of people,
who were badly demoralized by the attack, out of the
range of the Rebel fire, I left General Morgan, with his
brigade and Houghteling's battery, to deal with them, and
prepared to meet trouble at Rutherford's creek, the cross-

ARRIVE AT NASHVILLE, TENNESSEE. 121
ing of which was about three miles ahead, and Avas oc
cupied by the enemy, Avith Avhat force I did not knoAV.
My guides had described this place as one that could be
so occupied by the Rebels as to give much trouble, and,
Avhen I had reached and examined it, I found they were
not mistaken.
The road passed through woods as it approached the
crossing of the creek, and then descended abruptly to a
bridge Avhich the Rebels had neglected to destroy, and an
embankment of considerable height extended from the
north end of the bridge across the bottom, and the whole
length of the embankment was easily commanded by the
fire of the enemy at short range from Avoods on both
sides. When we discovered that the bridge was safe, we pre
pared to clear the woods on both sides of the road. I
kneAV we had no time to lose, for I had heard that For
rest Avas near Fayetteville, at some distance to my right,
and all signs proved that the Rebel forces around us,
though not of a very dangerous class of troops, Avere
steadily increasing in numbers. I determined, there
fore, to clear the woods on both sides of the bridge "on
the run." Roberts, one of the most gallant of men, di
vided his brigade, charged into the woods, and cleared
them at once, but still, shortly after Roberts had passed,
the Rebels again got possession of the wood, attacked a
portion of the train, stampeded some of the colored
drivers, who left their teams, several of Avhich ran off
the embankment, turned the wagons over, and produced
a great deal of confusion.
Morgan had come up in the meantime, and he again
cleared our flanks of the enemy ; order was restored, the
wagons were righted up and we got in motion again.
After marching a few miles, I was party to an incident
that was important to me at the time, though I did not
fully credit the information thus obtained and acted
upon, until 1865, I found corroboration that I could not
dispute .

122 THE STORY OF AN EARNEST LIFE.
As I rode along the side of the public road, which was
occupied by the marching column, I observed an appar
ently old man standing inside the yard of a house
which was separated from the road by a common fence.
He was, when I first saw him, gesticulating Avith vio
lence, and, as I came near enough to distinguish his
Avords, he was saying the most abusive things to the pass
ing men, who seemed, for what appeared a good reason,
to pay no attention to him. At first glance he seemed
to be drunk, but, fearing that some of the men might
lose patience and resent his conduct, I stopped and told
him he was running a great risk, when he turned on me,
and said he was "not afraid of me or all the  Yankees
in the world ;" and then, lowering his voice, said : "A
man left here last night to notify Forrest, who is at
Fayetteville, to meet you at Hollow Tree Gap," and then,
Avithout waiting for an answer, he commenced again in
a loud voice to denounce the Yankees, and wish them all
in a place supposed to be too hot for comfort. Surprised
at his conduct, as well as his language, I waited a mo
ment, and he repeated what he had told me, and then
moved away, muttering as if he were still in a passion.
"Hollow Tree Gap" is a dangerous gap in the hills
between Franklin and Nashville, of the character of
which I had some knowledge. Impressed by this infor
mation, I camped that night on the Harpeth, a few miles
south of Franklin, in a beautiful beech grove. The
Rebels attempted to drive in my pickets during the
night, and made some show of strength the next morn
ing, but as their numbers seemed less than they had
been, I supposed that the body of their forces had gone
forward to the "gap" to await our coming. We reached
Franklin about nine o'clock, and as usual in passing
through our route found the streets crowded with men,
having the equivocal appearance with which I had be
come so familiar.
As my train and crowd of followers moved slowly,
many of them footsore with their long march, and would

ARRIVE AT NASHVILLE, TENNESSEE. 123
be likely to fall behind, I determined to take se
curity for their safety. Major Scarret, my provost-
marshal, took some fifteen or twenty of a group of re
spectable looking men prisoners, among them John
Marshall, an old lawyer of the place. I then told the
people that my teams and stragglers would be some
time passing through the town, and in the meantime I
would hold the men captured as hostages ; that I would
cross the creek north of the toAvn, put my artillery in
position, and would shell the town if I heard a gun fire,
and would hold the hostages responsible besides. I
added that in the meantime the men captured should be
treated respectfully, and released as soon as all my
wagons and people came up without injury. There was
some demur to this, but I told them their neighbors
would not be harmed if they behaved themselves.
My guns were put in position north of the creek. I
waited, perhaps, an hour with my guests, who seemed
a little apprehensive, but the wagons and folloAvers had
by that time all come up safely, and I parted with my
prisoners, both parties pleased, and rode on to overtake
my advance guard, which, without halting, had pushed
forward to the "Gap," so as to be sure of its possession.
I heard firing in the gap as I came forward, but it was
so light that I was satisfied that there Avas only a
small party opposing us. We made no halt but pressed
on through into the open country, and then all felt that
the march was practically ended.
I then supposed that the old man on the roadside had
trifled with me, and remained of that opinion until 1865,
when on the cars between Mitchell, Indiana, and Louis
ville, Kentucky, I met a man who, on hearing my name,
asked if I was the officer who marched from the
Tennessee river to Nashville, in 1862. When told that
I was, he said : "You came very nigh having trouble in
getting to Nashville that time. I was one of the men
that went to get Forrest to come and intercept you." I
found that he went from the neighborhood where I had

124 THE STORY OF AN EARNEST LIFE.
obtained my information in the curious manner already
described. I told him that I had knowledge of his trip,
but I did not gratify his curiosity by confiding to him
the source of my information. On September 12th, im
mediately after ayo halted south of Nashville, I rode in
to report my arrival, and found General George H.
Thomas, with whom I then formed an acquaintauce
Avhich afterwards ripened into a friendship that only
terminated Avith his life. I will hereafter speak of that
great soldier, patriot and true gentleman in such terms
as I can best employ to express my estimate of his char
acter. He informed me of the march of General Buell
into Kentucky to meet Bragg, who seemed to be moving
as if he intended to reach and perhaps cross the Ohio
river ; that he had written orders to push his own troops
to join Buell, and that my division with that of General
Negley, Avho would rank me, would occupy and hold
Nashville until we Avere relieved by the return of the
army from the campaign in Kentucky.
We moved in position in Nashville on September 15,
1862, and from that time until the arrival of the army
under Rosecrans, early in November, we were cut off
from all communication from the North. During all
that time I had no letter from my family, nor did I see
a paper published outside of Nashville.
My time passed pleasantly, however. I met Governor
Andrew Johnson, afterwards President of the United
States ; Major Wm. B. Lewis, who was one of the audi
tors of the treasury under General Jackson's administra
tion, and his intimate friend ; Francis B. Fogg, one of
the historic lawyers of Tennessee ; Allen A. Hall, the
intimate friend and counselor of John Bell, and also oc
casionally met Parson Brownlow, and others who had
borne a conspicuous part in the politics of the state,
some of whom were known beyond the limits of that
state. All of these men were interesting studies to me.
All of those whose names I have mentioned were intense

ARRIVE AT NASHVILLE, TENNESSEE. 125
in their devotion to the Union of the states, but had no
feeling of esteem for each other.
Major Lewis Avas at that time upwards of eighty years
of age, and lived in the past, Avhen Jackson was the
idol as well as the leader of the people of Tennessee.
He was a "quartermaster" with Jackson during the
"Creek war." He was a member of the general's house
hold while he was president, and was familiar Avith all
of his opinions and prejudices, and I think shared them
with almost as much intensity as they Avere entertained
by General Jackson himself. I have copious notes of
his conversations with me, and he surprised me by
revelations that were entirely unexpected, and overthrew
many of the opinions I had held of the character of
public men of the period of General Jackson's leader
ship. In 1844, the Democratic party accepted the nomina
tion of James K. Polk as the party candidate for presi
dent with enthusiasm greatly heightened by the popular
belief that he Avas the intimate and confidential friend
of General Jackson, and that Polk's nomination after the
defeat of Mr. Van Buren was intended as a compliment
to the general, and I remember that Polk was called the
"Young Hickory" during the canvass, and that he was
regarded in every sense as the representative of the great
chieftain. But Major Lewis assured me that Jackson
had no confidence in Polk, and regarded him as the
secret friend of Calhoun and the Nullifers. He said,
"General Jackson, while president, and Polk was
speaker, believed, notwithstanding his profession of
devotion to his ideas of government and of personal
friendship, that Polk Avas the secret ally of his enemies,
and that his nomination for the presidency Avas brought
about by treachery to Van Buren and the machinations
of the Nullifiers."
Major Lewis was familiar with the circumstances of
the rencounter between General Jackson and Thomas H .
and Jesse Benton, in which Jackson received the pistol

126 THE STORY OF AN EARNEST LIFE.
shot which was extracted after he became president.
Major Lewis stated, as his opinion, that the Bentons left
Nashville from apprehension that Jackson would at some
time renew the affair.
Francis B. Fogg, of whom I have spoken, was one of
the most interesting men I have ever met. He was old,
but his mental faculties were unaffected by age ; he had
been more than fifty years a lawyer, and had for a large
portion of that time stood in the front rank of the emi
nent Nashville bar. He called upon me one afternoon
from mere politeness, and when I told him that I was a
lawyer and not a professional soldier, he expressed great
satisfaction, and commenced to deplore the fact that the
war had closed the courts and left him out of employ
ment. Anxious to interest him, I asked his opinion as
to the power of the United States to create military com
missions in states where civil authorities had abdicated or
ceased to execute their functions. I expected from him
a denial of the right in question, but to my surprise he
asserted the right and the duty of the United States to
maintain order and to suppress disorder by military
agencies, and supported his position by one of the ablest
and most convincing arguments I have ever heard or
read. He had studied the subject profoundly and stated
his propositions with judicial accuracy, and his con
clusions were irresistible. This old lawyer had lost a
promising son in the battle of Mill Spring, where he fell
with General Zollicoffer, of whose personal staff he was
a member. Mr. Fogg called several times upon me,
and I always made it a point to start some legal ques
tion that I might listen to him. He was always pleas
ant, and never failed to be most instructive and inter
esting. Major Lewis told me that General Jackson thought
Mr. Fogg to be a good lawyer, and at one time thought
of appointing him associate judge of the Supreme Court
of the United States, and would have done so, but Jack
son suspected him of leaning towards Federalism.

ARRIVE AT NASHVILLE, TENNESSEE. 127
While in Nashville I saw much of Governor Johnson,
and often heard him express his opinion of men and
measures. On account of the peculiarities of Governor
Johnson's character, it is difficult to describe him. He
possessed great natural capacity, but his knowledge of
the science of government Avas superficial. He was sin
cere and earnest in his opinions, but his prejudices were
violent and often unjust. His personal dislikes were
never concealed. Bailie Peyton said of him, that "he
hated a gentleman by instinct." After listening to him
one day, I said : "Governor, the anti-slavery men of the
North oppose slavery because it is unjust, and we hope
by abolishing it to make free citizens of those human
chattels." He ansAvered : "D  n the negroes ; I am
fighting these traitorous aristocrats, their masters!"
His courage was of the highest order, and no man Avas
more ready to take responsibilities. He passed through
Louisville, in February, 1865, on his way to Washington
to assume the vice-presidency, to which he had been
elected. In a speech delivered there, he denounced the
Kentucky Union men as insincere and treacherous ; ad
vised me to trust none of them, but to arrest a thousand
of the leaders and send them out of the United States.
Notwithstanding this, I was not surprised that, after his
accession to the presidency, he quarreled with the most
radical leaders of the Republican party. They assumed
to dictate to him the policy to be pursued towards the
people of the states lately in rebellion, and he, who was
always impatient of advice, resented dictation from any
quarter, and hence the breach was inevitable.
In addition to my frequent meetings and conversations
with the men whose names I have mentioned, I found
other pleasant acquaintances in Nashville, and often had
interesting adventures in or near the picket lines.
The most important military affair in which I partici
pated was the surprise of the Rebel forces at La Vergne,
a village about twelve mUes from Nashville, in the di
rection of Murfreesboro. We were aware of the fact

128 THE STORY OF AN EARNEST LIFE.
that the place was occupied by a considerable force of
Rebel infantry and cavalry, and General Negley, who
commanded at Nashville, determined to surprise them.
The plan of operations was, that Colonel Miller, of the
18th Indiana Infantry, should, with four regiments, leave
Nashville at nine o'clock in the evening, and by a circuit
ous route reach the rear of the enemy at daybreak, while
I, with Stoke's cavalry, about three hundred men, and a
battalion of the 4th Pennsylvania Cavalry under Major
Wynkoop, and the 27th Illinois Infantry in covered
wagons, should move at twelve o'clock at night on the
direct road and attack the enemy as soon as I could reach
them . It was expected that my attack would attract the
attention of the enemy and aid Miller in concealing his
movements. I moved promptly and marched slowly,
quite willing that the enemy should know of my
movements, while my long line of covered wagons made
my command resemble a foraging party covered by
cavalry. It was barely daylight when we encountered the Rebel
pickets and skirmished with them, waiting for Miller to
reach the position he was to occupy. My infantry moved
forward and charged the Rebel outpost, and captured a
"Wiard" gun, and about that time we heard Miller's
fire, and saw the Rebel cavalry, said to be about eight
hundred strong, move off at full speed to the southwest.
I had held Stokes and Wynkoop in hand for this, and
ordered them to follow in pursuit.
Under the influence of the excitement produced by the
scene, I forgot for a moment the firing which was going
on at the front, and in some way reached the top of a
stack of clover near by, from which I saAV all of a thou
sand horsemen, pursuers and pursued, at full speed for
three or four miles. After the horsemen passed out of
sight, we entered the village, where we captured about
one hundred prisoners, including Brigadier-General
Maury, of the Rebel army. Forrest was at Murfrees-

ARRIVE AT NASHVILLE, TENNESSEE. 129
boro, and we hoped he would move out and follow us on
our return to Nashville.
During our occupation of Nashville, I often rode with
my escort outside the picket lines, where we had frequent
skirmishes with the Rebel cavalry. Sometimes we would
encounter a party who were too strong for us, and then
there would be a race for the pickets, with whom my
party would unite and repulse the enemy. Occasionally,
we would capture a few prisoners and their horses, and,
as my escort furnished their own horses, we always kept
the best when captured, and turned the poor ones over
to the quartermaster.
On one occasion, I took with me my escort and a com
pany of Michigan infantry mounted, amounting on the
whole to a hundred men, and went out on the Nolans-
ville "pike." It was one of the peculiarities of Nash
ville that the main turnpikes were connected by rough
and incomplete pikes. We went out some mile or more
on the principal pike, beyond the picket line. Lieuten
ant Hayes was riding with me, and, when we turned to
the left, in order to reach the Murfreesboro pike, I sent
out Lieutenant Shaw as an advance guard, and soon
heard firing in my front.
I had inadvertently, while laughing at stories told by
Hayes, proceeded to a greater distance than I had in
tended. Shaw came back and reported to me that the
Rebels had a picket at the junction of the small pike
with the Murfreesboro turnpike and that we were within
sight of the lunatic asylum, six or eight miles from
Nashville. I said to Shaw, "We'll wish we were in a
lunatic asylum before we get back ! " I ordered him to
"return, attack the pickets and drive them away."
As soon as we reached the Murfreesboro turnpike, I
sent Gilbert, in command of the Michigan infantry, in
the direction of Nashville to see what was there, and
ordered Shaw to proceed in the direction of the asylum
and see what was there. Shaw reported to me that
9

130 THE STORY OF AN EARNEST LIFE.
there was about a battalion on his front, while Gilbert re
ported that there was about one hundred and fifty men
between us and our pickets on the Murfreesboro pike.
I immediately determined to make "hot foot" for our
pickets (one company of the 22d Illinois) and run the
risk of encountering the men between us and Nashville.
I said to Shaw, "You have carbines and revolvers, the
other fellows have shot-guns, drive them, and when you
come back we'll charge these fellows to our front."
Pretty soon Shaw had his company in motion ; when
he returned I put myself at the head of my escort,
charged the enemy in the direction of Nashville, broke
through them, and by that time the Rebel cavalry had
come from the direction of the asylum, and we had a
race for it. We rode through "Slip-up" at full speed,
crossed the bridge over Brown's creek ; our pickets had
heard the firing and came at double quick to our relief ;
the enemy pursued us no farther ; they saw the infantry
and retired.
One incident which occurred on this trip is worth re
lating. While I was riding at full speed, with draAvn
saber in my hand, I heard a tremendous explosion, and
saw that it was from a double-barreled shot-gun, and
felt the powder in my face. I saw before me a boy,
some twenty years old, who had evidently forgotten to
put the shot in his gun. I raised myself in my stirrups,
determined to take his head off, but he was so young
and apparently so frightened that I passed the saber
over his head and said to him, "You miserable rascal,
you meant to murder me!" I heard that expression
for many days afterwards from my escort.

FIRST DAY'S BATTLE AT STONE RIVER. 131

CHAPTER XIII.
Diary kept in Nashville — Call from Mr. Trimble — Capture of company
of the 22d Illinois — Arrival of Rosecrans at Nashville — Skirmish
with the enemy — Stuart's creek — General Rosecrans* erroneous re
port—First day's battle of Stone River. (1862-1863.)
I kept a brief diary while in Nashville, which now
reads rather racily. Some extracts from this will give
a better idea of the state of things as matters appeared
to me than any I can furnish from memory, I find in
the entry of September 21st: "The owners of negroes
give me no rest ; every one who calls on me is a prodigy
of patriotism and devotion to the Union. He wants his
negro, as he says, not for his value, but to gratify a
longing mother, who ardently desires that her son shall
return to her and to slavery. The kind-hearted owner
only wishes to oblige her."
We had heard nothing from the North for a month,
and rumors reached us through Rebel sources like this :
"Rumor reports that Buckner has taken Green river
bridge, with 3,500 prisoners, after two days' resistance,
and that Buell had crossed Green river in pursuit of
Bragg. Another rumor is, that McClellan has been de
feated and killed by Jackson and Lee near Hagerstown,
Maryland, with a Federal loss of 35,000 men. The ru
mor of Rosecrans' defeat by Price is revived."
On September 26th, I wrote: "The General (Negley)
does not feel easy, as he thinks it probable that Price is
after us, and he has a rumor that Breckenridge has
reached Murfreesboro with 15,000 men, and is repairing
railroads south. This afternoon, General Negley rode
up and informed me that our pickets on the Murfrees
boro 'pike' were attacked by a large force, and ordered
me to send out a regiment of infantry. ... I rode

132 THE STORY OF AN EARNEST LIFE.
out and found the attack a sham." . . . On Octo
ber 3d, I made another entry, that seems now to have
been prophetic of the prevailing views at present : "Had
a visit from John Trimble, one of the three members of
the Tennessee senate who opposed secession to the last.
John Trimble, Jordan Stokes, and Mr. East, now secre
tary of the state, were three of the senators who stood
out to the last. He professes to be a follower of Alex
ander Hamilton, and his ideas of 'consolidation and na
tionality' are as far from the true constitutional theory
as secession is. How prone we are to run to extreme
opinions at a time like this !
"We shall hereafter be afflicted with this very idea in
our politics, and the states' rights doctrine, which is cor
rect, will be repudiated on account of its supposed con
nection with rebellion and federalism, which is danger
ous to popular liberty, will be approved.
"Secession, which is a mere lawless, revolutionary
idea, may be met by the logical method of resistance, force,
while 'nationalism' is deceptive and treacherous, and
by its silent, concealed effects, steals the rights of the
people, and under cover of pretended reverence for order
and peace, subverts constitutional government, and ends
in despotism."
On October 4th I wrote : "The guerrillas assailed our
pickets last night, on the Franklin pike. In the saddle
all day. I have spent the whole day in efforts to find
the guerrillas, but without success."
"October 10th. There is a good deal of mystery
about Rebel movements. Some reports are that they are
ordered to East Tennessee ; others that Forrest is at
Murfreesboro in command of a force for the reduction •>
of Nashville. My opinion is, that they have not aban
doned all hope of wresting the city from us, though the
affair at La Vergne has alarmed them. Last night head
quarters was in a panic. About eleven o'clock a man
came into my room, and announced that a party of Rebel
cavalry had come inside our pickets. I sprang out of

FIRST DAYS BATTLE AT STONE RIVER. 133
bed, seized my clothes to commence dressing, and then
asked: 'How many are there?' He answered: 'Two.'
] dropped my clothes — humbugged by a frightened
fool. "Sunday, October 12th. Rode out on the lines, saw
nothing, and came back at eleven o'clock, found an
invitation to dine with Mr. Trimble — went down to his
house and spent a delightful afternoon. Mr. Trimble is
always interesting. He thinks John Bell an able man,
but always lacked courage ; that Zollicoffer was nar
row-minded, but that his personal courage was of the
highest character ; that disappointed ambition caused
his political errors. He entertains contemptuous opin
ions of Governor Harris ; thinks him weak and timid,
and that he was used as a tool by Southern leaders.
He characterizes secession as a 'malady resembling mad
ness ;' that the leaders of the Union people of Tennes
see were driven from their position by the 'audacity and
mendacity' of the 'Knights of the Golden Circle,' of
whom Henry S. Foote was leader and chief. From his
accounts, the scenes witnessed in Nashville in the early
days of the spring of 1861 were pitiable, all men cowered
before the vagabond bullies of treason. Rumors are that
Rosecrans has defeated Price, and that Buell has beaten
Bragg. The Rebels last night burned the bridge over
Stone river, ten miles from here on the Lebanon road.
This looks as if they feared a movement east of Nash
ville to reach Bragg's rear."
The diary of October 15th gives an idea of the em
ployment of many days : "This morning took my es
cort, about twenty cavalry and three companies from the
picket reserve, and went out on the Murfreesboro pike.
About two miles out, my advance guard was fired upon
by a party. The advance returned the fire. I rode for
ward and found about thirty 'Rebs' in a clump of wood
behind a ravine, so that my cavalry could not reach
them, and I ordered the infantry skirmishers to advance.
When the enemy saw the 'blue jackets' coming, they

134 THE STORY OF AN EARNEST LIFE.
fled. The infantry got a few shots at long range ; a good
deal of noise ; no blood ; rode around the city in the
afternoon ; in the evening read Grotius."
"October 16th. . . . Refugees come in with
rumors. The impression seems to be gaining ground
that the Rebels are concentrating a force on the Mur
freesboro road to attack Nashville. Some put their force
at 15,000 men. My opinion is that they have not more
than half that number, and that we will yet have a fight
before this place. Mr. Strait, from Athens, came in
to-day. He says that at the battle of Iuka, Price took
nine pieces of our artillery. No neAvs from Buell. The
Rebels say his last battle with Bragg was a drawn
game." "October 17th. The rumors to-day indicate a purpose
on the part of the Rebels to attack us to-morrow."
". . . October 18th. Rose early this morning in
order to be ready for the enemy. The morning was
cool ; a heavy fog concealed everything, so that it became
a question of some importance as to how our pickets
could be saved in case of an attack. I rode out on the
line and made the best disposition of them I could.
The Rebel forces were about two thousand men with two
field pieces. After a short skirmish, they fell back to
the lunatic asylum, about eight miles from the city.
Refugees continue to come in from Wilson, Smith and
De Kalb counties. They complain of the oppressions
the people suffer from the Rebels in their counties. We
had an affair of pickets on the Franklin pike this morn
ing. It did not amount to much."
My diary of the 19th refers to rumors of Rebel move
ments, and on the 20th, I wrote, "The rumors of last
night evaporated with the rising of the sun." I noticed
the results of an expedition commanded by Colonel
Miller, that he "routed the enemy and killed and cap
tured many." And then, "The neAvs from Kentucky is
not satisfactory. Buell seems to have fought a bloody bat
tle at Camp Dick Robinson, putting 20,000 Rebels hors du

FIRST DAYS BATTLE AT STONE RIVER. 135
combat,' and taking 12,000 prisoners. 'Secesh' rumors
turn the table, and both lie."
"October 21st. This morning was aroused from bed by
a messenger who informed me that Company C, 22d Illi
nois, on picket on Murfreesboro pike, was captured and
our line opened. I rode out and found the report to be
true. Major Swanwick, Captain Gregory, Lieutenant
Sennifee and thirty-three non-commissioned officers and
privates were captured without firing a gun. The case
is an extremely mortifying one to me. Major Swan
wick is one of my best officers — brave and active, and a
personal friend. Captain Gregory is a superior man.
He had his men ready for the reception of the enemy,
and told them to fire, but Swanwick believed the party
to be ours and overruled him. The Rebels, five times
their number in that way, were allowed to 'get on them
so that resistance was useless.' In the afternoon, I rode
out to find some Rebels said to be on the Franklin pike.
They were reported to be three hundred. We found,
however, five. Some shots were exchanged, but nobody
was hurt."
On October 22d, it seems, from my diary, I finished
reading "The Life and Speeches of Stephen A. Douglas.
It will illustrate the possible mental state of men in a
beleaguered city, surrounded by enemies, to state that I
find in my diary several pages of criticism upon the
public course of Mr. Douglas, from which I transcribe
the following reflections: "Mr. Douglas involved him
self in hopeless embarrassment by accepting the South
ern idea of the extension of the constitution over ter
ritories, and of state equality, and by accepting the
dogma of the political omnipotence of the supreme
court. By these he conceded the utmost claims of one
party without making that party his friends. He ad
mitted even that 'Popular Sovereignty' was only what
the supreme court might decide it to be .
"Thus Mr. Douglas fell ; he failed to read the signs of
the times aright ; he did not comprehend the fact that

136 THE STORY OF AN EARNEST LIFE.
the despotic party organization he had assisted to con
trol so long had passed into other hands, and that he
was now to be torn to pieces by his OAvn steeds." He
was defeated at Charleston, and afterwards by the
people. He then saw his error ; and when the traitors
who had defeated him made their first demonstration
against the government he no longer kept terms with
them. He came back to the people of Illinois, who had
always, in spite of his faults and mistakes, loved him, sick
and broken down with his great labor, and then, as if
he had warning of the near approach of death, he threw
his weight into the scale on the side of the constitution
and the Union. He made two speeches in Illinois of
great eloquence and power, filled with ferAdd-love of
country and blazing with passionate attachment to
our free constitutional system of government. These
speeches were distributed over the northwest and
aroused the country, but hardly had his voice ceased to
reverberate in the hall of the representatives of the
state than it ceased forever. This first and noblest son
of Illinois, this child of the people, closed his wonderful
and brief career, crushed by that aristocracy for which
he had unhappily done so much. The people in the
northwest, and especially in Illinois, hung upon his last
words, forgave him all his errors, and also wept tears
of unaffected sorrow at his untimely death. For many
years I was his political foe, but I loved many friends
less than him.
"Thursday, October 23. Last night was called to
headquarters to discuss with General Negley the plan
of a reconnoissance in force towards La Vergne to settle
the hundred rumors of a large Rebel force on that line.
We talked the matter over, and determined that Colonel
Miller should march out on the road to La Vergne by
Antioch church and that I should go out on the Mur
freesboro pike. I moved at twelve o'clock, midnight,
with a brigade of infantry, 10th, 22d and 42d Illinois,
1st Tennessee cavalry and Houghteling's battery. I

FIRST DAY'S BATTLE AT STONE RIVER. 137
went out to the insane asylum with my whole force,
pushed my advance three miles further and saw small
parties of the enemy. The thirteen siege guns in
position we had heard so much of vanished into thin
air. My instructions were to bring in all the stock
I could find ; I did so, and had my first actual ex
perience in foraging. Under this system the people
all suffer, rich and poor ; of all methods of providing
for an army this is the most wasteful."
"October 25th. Morning cloudy and cold, commenced
raining about four o'clock, and a little later snow com
menced falling which continued until about nine
o'clock. "October 26th. The ground is white with snow this
morning — this premature touch of winter has produced
much suffering in Nashville. I wrote to Governor
Johnson offering to assist him in providing fuel for
the poor. Many persons cut wood where they could
find it most conveniently and the army teams hauled
it for them.
"October 29th. Lieutenant Shaw of my escort ob
tained leave to go out a day to skirmish with the
guerrillas ; I thought no more of the matter until even
ing. He reported that he went out on the Nashville
pike ; met a party of about seventy Rebels ; skirmished
with them, and he took three prisoners with their
horses and arms. On the next day (October 30th),
sent out my escort and Captain Parmelee's mounted
men ; they went out on the Nolansville pike, from
thence to Murfreesboro pike. I joined this party ; had
a small skirmish noar the asylum, killed three, wounded
several, took six prisoners and as many horses, saddles
and guns."
I will make but few more extracts from this diary
kept at Nashville. We heard by indirect means rumors
of the battle of Perryville and the retreat of Bragg from
Kentucky. November 1st I wrote : "We have now been two

138 THE STORY OF AN EARNEST LIFE.
months in the field ; have marched from Alabama to
this city, and have remained here without communica
tion with the North ; Ave have lived upon the country,
and have really desolated it ; the military situation
grows more difficult everyday ; the country is exhausted ;
the Rebel strength is increasing around us, and the sup
plies are more remote, and our marches to obtain them
longer and more dangerous ; 'General Buell, the slow-
paced,' is still in Kentucky; Bragg has had time to
complete his winter arrangements for the supply of his
army, and may, for anything we know to the contrary,
pay us a visit."
November 3d. "Rumors thicken of two things im
portant to us, the one is that the Rebels are ad
vancing in large force ; and the other, of the march of
General Rosecrans towards this city ; his arrival may
happen to-morrow or Wednesday. This breaks the long
blockade to which we have been subjected, and we hope
for letters and papers from home."
It Avill be noticed that after November 1st, and before
the 3d, news had reached Nashville that Rosecrans had
succeeded Buell in the command of the Army of the
Cumberland, and was approaching Nashville. Our in
formation led us to expect that Nashville would be at
tacked by the enemy in force, before the arrival of the
advancing army.
November 5th I wrote : "Last night, after going to
bed, heard occasional shots on the picket line ; later was
awakened by a heavy firing on the Murfreesboro road ;
mounted and off — ordered the 22d Illinois to go out as a
reserve. When I got to the lines, I found that two
posts had been attacked, and several men wounded. I
took direction of the line, and as I heard sounds indicat
ing the presence of artillery, ordered the pickets to re
tire behind some temporary works, some hundred yards
to the rear, where they joined the reserve, and the 22d
Illinois, which by this time had reached the ground.
Within a few minutes the Rebels had commenced firing ;

FIRST DAY'S BATTLE AT STONE RIVER. 139
after a severe contest we drove them back ; it was very
dark, and we suffered no injury of consequence. The
enemy opened one piece of artillery upon us, but made
no impression ; they also attacked the pickets at other
points without success ; they suffered a bloody repulse
at the Nolansville pike, at the hands of tAVO companies
of the 10th Illinois. About ten o'clock in the morning
General Negley went out with three regiments of in
fantry, and some cavalry and artillery, and drove the
Rebels as far as Brentwood. On his return he had a noisy
artillery fight and some sharp skirmishing in Avhich he
suffered some loss. The feint, by which he was drawn
out of our defensive line, was very nearly successful.
The general was caught 'napping,' and for a few hours
the city seemed to be in danger, for it appeared for a
time that I would be compelled to abandon Nashville to
save him. As it was, I reenforced him with Morgan's
regiment of infantry, the 10th, and three pieces of ar
tillery. On the other side of the river, John Morgan, in
an attempt to reach and destroy the railroad bridge over
the Cumberland, rode over one company of the 16th Il
linois, but the company cut its way back, inflicting more
loss on him than they sustained. Before reaching the
bridge he encountered the remainder of the 16th, and was
repulsed. He burned one house, and then run, my
troops all behaving splendidly."
On November 7th the troops composing the advance
of the Army of the Cumberland began to arrive at Nash
ville ; I find that after visiting friends among the new
arrivals, I wrote in my Journal ; "In camp, day pleas
ant, no work, no news."
"November 14th. Letters from home and newspapers
from Illinois have begun to reach camp." I had noth
ing definite from Illinois since leaving home on August
26th, and it can well be imagined that the contents of
the papers detailing the results of the election in Illinois,
held on November 4th, astonished me. When I left
home, although I felt very little interest in party poli-

140 THE STORY OF AN EARNEST LIFE.
tics, I had supposed nothing better assured than the as
cendancy of the Republican party (to which I was then
attached) in Illinois. The first paper I opened was a
copy of the Illinois Journal, and to my astonishment I
found that John T. Stuart had defeated Leonard Swett
for congress ; Alexander Starne had beaten William
Butler for treasurer, and that James C. Allen, whom
I knew, a Democrat, had carried the state, defeating E.
C. Ingersoll, a Republican. It was also reported in the
paper that the Democrats had carried both branches of
the legislature. I did not understand the significance of
what appeared to be a great change in public opinion in
Illinois, and have never been able to account for the
Democratic victory of that year.
Within a few days, the whole Army of the Cumberland
reached Nashville, and operations were resumed with
great activity. I remained in Nashville, still retaining
my command, until the 10th of December, when the
division with which I had marched from the Tennessee
river was, for some reason and much to my dissatisfac
tion and regret, broken up, and I was assigned to the
command of the division formerly commanded by Gen
eral Wm. Nelson, who was killed by General Jeff C.
Davis, in the preceding September, in Louisville, Ken
tucky. On taking command of the division, I relieved General
Wm. Sooy Smith, who has since won so much distinction
as an engineer. The division was composed of three bri
gades ; the first was commanded by Brigadier-General
Chas. Cruft ; the second by Colonel Wm. Gross, of the
36th Indiana ; and the third by Colonel Wm. B. Hazen,
of the 41st Ohio. These officers retained command of
these brigades, and served with me from that time until
after the battle of Chickamauga, in 1863. Cruft and
Gross were civilians, but they were brave and skillful
officers ; Hazen belonged to the regular army, no one
doubted his courage, he was skillful beyond a question,
but he was vain and selfish ; it was difficult for those

FIRST DAY'S BATTLE AT STONE RIVER. 141
who associated with him constantly to do justice to his
merits. The division Avas about 4,500 strong, many of
the regiments were organized early in the Avar, and had
done good service in West Virginia and Shiloh, and
also in the campaign in Kentucky in the fall of 1862.
My assignment to this command separated me from
nearly aU my acquaintances, and brought me in contact
with many officers with whom I afterwards contracted
the most sincere friendship.
I have spoken of General Wm. S. Rosecrans, who was
in command of the army, elsewhere, and will now only
say of him that his gallantry and good conduct in the
battles around Corinth, in October last, obtained for him
the confidence of the president, and his consequent se
lection to succeed Buell, who was unfortunate, to say the
least, in his operations in Kentucky. Rosecrans also
possessed the confidence of the army he led to Nashville,
and his actual preparations for an early advance to
meet the Rebel army, which was by this time in motion
to concentrate at Murfreesboro, had a fine effect upon the
troops who had occupied Nashville.
The army was termed the "14th Army Corps," and
its divisions were called the "center" and the "right and
left wings" of the corps. Thomas commanded the cen
ter, McCook the right, and Crittenden the left wing of
the army. The divisions of the left wing were, the 1st,
Wood's ; the 2d, my own ; and the 3d, Van Cleve's ; and
Wood and Van Cleve and I ranked in the numerical order
of our divisions. On the 10th of December, I assumed
the command of my new division, and, when I reported
to General Crittenden, and afterward to General Rose
crans, I learned that the purpose of the general-in-chief
was to advance upon the enemy and bring him to battle
at the earliest possible day.
I devoted myself from that time forward to prepara
tion for the expected movement, and, with the aid of
my brigade commanders, all of whom were soldiers of
experience, my division was, on the 25th of December,

142 THE STORY OF AN EARNEST LIFE.
the last day we spent in the camp near Nashville, in ex
cellent condition for service. On December 26, 1862, my
division moved out on the Murfreesboro turnpike, in ad
vance of the left wing of the army.
I was familiar with the country as far as La Vergne,
and for that reason advanced with confidence. After a
march of eight miles, we encountered the Rebel cavalry
under Wheeler, who had a few pieces of light artillery.
They contested several points on the road with a good
deal of stubbornness, but in every case, after a short delay
until troops could be brought up and formed, we drove
them before us without much difficulty or loss. We
halted and spent the night of the 26th of December at
La Vergne, and the orders issued by General Crittenden
that night, with reference to the march next day, had a
most important influence upon my military future.
I learned, after going into camp, that my position on
the right of the advancing column was obtained for me
by my misunderstanding of the orders under which I
started in the morning. The order, as I understood it,
was to move at eight o'clock in the morning, and in that
sense I obeyed it, by putting the head of my column in
motion as soon as the hour arrived. General Wood, who
commanded the First Division, was entitled to the right,
but he understood the same order to be, "Be ready to
move at eight o'clock." The result was that when he
was ready to move my column was in possession of the
road, and kept it during the day.
The order issued by General Crittenden at night di
rected me to move next morning after General Wood
had passed me. The consequence was, that the next
morning my command waited until that of Wood had
passed, and then we moved forward, following his move
ments until the army reached Stewart's creek, some few
miles from the town of Murfreesboro.
As General Wood reached the creek, he was attracted
by some elevated, open land, on the left of the turnpike,
upon which was a large and apparently comfortable

FIRST DAY'S BATTLE AT STONE RIVER. 143
dwelling-house, and some outhouses, which made the
place admirably suited for quarters. Forgetting his
claim to the right of the line, he moved off to the left
of the line of march to occupy the pleasant place, so
that when my command came up we were compelled to
move down Stewart's creek, and occupy some rocky,
lowland, which had but one advantage, — that by cross
ing the creek to my front, we could reach the turn
pike easier than by returning to the bridge. We re
mained in camp at Stewart's creek one day, awaiting the
movements of the troops to our right, who were also
moving to meet the enemy, who, we were informed,
were waiting at and near Murfreesboro, prepared to fight
a battle upon ground selected by themselves.
On Monday morning, we had orders to move, and I
crossed the creek to my front, and reached the road with
my column, when General Wood overtook me, and, as
my superior, ordered me to move out of the road and
allow his troops to precede me. This order I refused to
obey, as General Crittenden, our corps commander was
with the troops, and controlled the movements of the
column. General Wood, however, brought up a brigade,
and he took the left of the pike, and we marched pari-
passu, as he said, until sundown, when we came in sight
of the enemy in line of battle between us and Murfrees
boro. Here occurred one of those incidents which, though
in itself as it resulted is comparatively unimportant, be
longs to a class of events which affect the fate of armies.
Wood and I halted our troops, and rode some distance
to the front, to a point which we could see the enemy
in strong force, evidently prepared to receive us. While
observing the enemy's forces and position, we were sur
prised to receive through General Crittenden, from Gen
eral Rosecrans, an order, in substance, as follows : "Stan
ley reports from Triune that the people say that Bragg
has abandoned Murfreesboro. You will therefore occupy

144 THE STORY OF AN EARNEST LIFE.
the place with one division, and camp your others near
them." Of course, General Wood and I knew the information
which purported to come through General Stanley was
erroneous. We, therefore, rode back, found General
Crittenden, explained to him, and he communicated our
report to General Rosecrans, who promptly withdrew ,
the order. Now comes the strange part of the trans- '
action . General Crittenden was told the next day that I
had informed him (Rosecrans) that the enemy had evacu
ated Murfreesboro. I called upon General Rosecrans the
same day and told him that I had made no report to
him on any subject whatever, and reminded him that
the order itself purported to be based upon information
which came through General Stanley.
Notwithstanding all this, General Rosecrans, in his
official report, attributes his order to information fur
nished him by me as commanding Crittenden's leading
division. The fact that General Wood and I were actu
ally observing the enemy when we received the order,
ought to afford conclusive evidence that General Rose
crans was wholly mistaken In his facts.
On December 29, 1862, the left wing of the army
reached the theater of the subsequent battle of Mur
freesboro, or Stone River, as it is sometimes designated.
On the 30th, the troops to our right moved up, and after
some heavy skirmishing got into position.
It was in the main quiet on our front, although the
artiUery on both sides was engaged at intervals during
the forenoon. The left wing of the army, which was
commanded by Crittenden, was composed of three di
visions which were commanded by Brigadier-General
Thomas J. Wood, Horatio P. Van Cleve and myself.
Van Cleve was on the extreme left, Wood in the center,
and my division on the right. Wood's right and my
left rested on the turnpike from Nashville to Murfrees
boro, and the railroad which connects those places, a
short distance to the north, was within Wood's line.

FIRST DAY'S BATTLE AT STONE RIVER. 145
Hazen's brigade, with its left on the pike, had an open
cotton field to its front, while the brigade commanded by
Brigadier-General Chas. Cruft extended into the dense
cedars to the right. Gross' brigade was held in re
serve. The line of battle was extended to the right by Neg
ley 's division of the 14th Corps ; on the center by Sheri
dan, Davis and Johnson's division of the right wing in
succession. The right retired until our line of battle
from left to right formed something like the fourth of a
circle. Some open grounds were to our front, but on
our right there was a dense mass of cedars in which
troops could not operate, although the woods were tra
versed by several narrow, country roads.
The battle of December 30th has been described so
often in official reports and otherwise that I will only at
tempt to narrate such events as may be regarded as per
sonal to myself.
About daylight, I heard heavy firing on our extreme
right, obviously indicating that Johnson was vigorously
attacked by the enemy. I at once rode to my own com
mand, and a short time after reaching it, I observed that
our troops on the extreme right were being driven back,
and that the commands of Davis and Sheridan and Neg
ley were being assaulted with great force, and that the
attack was being extended from our right until after
a time I saw a strong force advancing to attack my
troops. I have already stated that there was an open cotton
field in front of Hazen's brigade, across which I could
see the Rebel forces advancing in solid lines and moving
in admirable order. It was not easy to witness that
magnificent array of Americans without emotion. They
came on grandly until within musket shot, and then, for
a length of time, brief, it is true, but we took no note
of time, they were thrown into confusion by our fire,
10

146 THE STORY OF AN EARNEST LIFE.
and retired to reform and renew the attack, and were
again repulsed.
When I again turned my attention to other parts of
the field, I found our right and center had been taken in
flank and driven back through the cedars in disorder.
Rousseau's division of Thomas' command attempted to
enter the woods to our right, but were unable to form,
and fell back in disorder, and the enemy were struggling
to reach the turnpike in our rear and take our position
in reverse. General Rosecrans, whose courage upon a
battlefield was always magnificent, exposed himself at
many points to rally his forces. A new line was formed
at right angles to my line, and within a few minutes,
Captain Mendenhall, chief of artillery of Crittenden's
command, collected some sixty pieces of artillery on a
knoll to my right rear, and with them literally drove
the Rebels back into the woods, where they remained to
avoid the consuming fire, and this closed the battle for
the day.
It is not my purpose to describe this battle in detail,
but I think some of its minor incidents may be inter
esting. When absent for a time with the right of my
command, Van Cleve and Wood were withdrawn from
the left to support the right, the situation of which I
have described.
On my return, I ordered Hazen to move to the left to
the railroad cut.
This movement, which was made after Wood left the
ground, subsequently led to a bitter controversy be
tween Generals Stanley and Hazen, and a court martial
in which Wood was a witness. Wood testified truly
that the right of his command rested on the turnpike,
and that Hazen's left united with him on the pike. He
did not know that after his division withdrew, Hazen
moved to his left and covered the ground between the
pike and the railroad cut, which greatly improved his
position .
Before a court martial in New York, I so testified, and

-/

..-.;»

¦M

%_

;$£jLj?ySs5

CmhAh nuw^

FIRST DAY'S BATTLE AT STONE RIVER. 147
in that way explained a discrepancy which otherwise
seemed to the court insurmountable. In the battle,
General Rosecrans exhibited the greatest personal
bravery. Colonel Garesche was killed by a cannon shot
at his side, and his blood and brains were scattered over
Rosecrans. He never blanched, and kept his position.
I made up my mind then, that if I was about to fight a
battle for the dominion of the universe, I would give
Rosecrans the command of as many men as he could
see and who could see him.
In the afternoon, my division was withdrawn from the
position it held in the morning, and took its place in a
new line of battle a few hundred yards to the rear.
On December 31st, all was quiet along our front. We
heard fighting away to our right and rear, for Wheeler
with his cavalry had passed our right, captured our hos
pital and a wagon train. He failed to do much mischief.
Stanley, with our cavalry, watched him closely, and
made him let go of our line of communication.

148 THE STORY OF AN EARNEST LIFE.

CHAPTER XIV.
Battle of Stone River continued — Military eloquence — Cripple Creek —
An acquaintance — Mrs. Morgan's dress — Invitation to breakfast —
Skirmish with Rebel cavalry — General Garfield — Letter to Assistant
Adjutant General — Political situation at the North — A prudent
preacher.
On January 1, 1863* early in the day, it was apparent
that the enemy intended to assail our left, which had
moved to the north side of Stone river. We had ob
served troops moving in strong force from the enemy's
left to their right. About three o'clock in the afternoon
Lieutenant John E. Shaw, of my escort, climbed a tree,
which enabled him to overlook the movements of the
Rebel forces.
After closely observing them for a short time, he des
cended, and told me they were forming for an attack
upon our troops on the north side of the river. We had
five or six batteries on an elevated point south of the
river, supported by a portion of my command, especially
the 6th Kentucky Infantry. I rode rapidly to the sup
porting force and thrilled them with my eloquence. I
said : "Now, 6th Kentucky, you have work to do ; stand
up to them, and you may steal for six months !" This
was military eloquence, for it was spoken by a com
mander who was present with his men. It was sur
passed only by the speech of Captain Peden, of the 36th
Indiana, the day before when told by his first sergeant
that "they are flanking us." "Flank you! — you
cowardly  , and mind your business!" It was in
the midst of a desperate fight, but all of us laughed, and
we won the fight.
Napoleon, and some of our generals in the late civil
war, indulged in lofty language, but I found in the battle
of Stone river and on many other occasions, that the

BATTLE OF CRIPPLE CREEK. 149
most impressive words were those spoken by an officer
who was present with his men in the battle. In the at
tack on our left the "Rebs" fought as they usually did,
with great gallantry, but our guns south of the river en
filaded their lines from their left. I never saw a greater
number of men and horses killed than there was upon a
few acres of ground covered by the Rebel advance, on
the north side of Stone river. Wounds inflicted by
musketry rarely disfigure, but artillery wounds are
ghastly. I saw there men and horses killed — I cannot
describe the scene. We perhaps ought, after their de
feat, to have followed the Rebels and driven them out of
Murfreesboro, but we did not pursue them. They
abandoned the town and fell back to the line of Tulla-
homa. A few days afterwards my division passed through
Murfreesboro, and encamped east of town, on the farm
of a man named Beard, who had relatives in Carlinville,
Illinois. Mr. Beard's farm was fenced with cedar rails ;
I did my best to save them, but I suppose that after my
command left, the farm was stripped of fences. Soon after
we entered Murfreesboro I was ordered to send one of
my brigades to a place called "Cripple Creek." I sent
Crufts' brigade to that place, and the troops found it al
together preferable to the open grounds east of Murfrees
boro. The main force of the Rebels was at Tullahoma,
Manchester and McMinnville, but they had advanced
posts at Shelby ville, Woodbury and other points to their
front. In January, 1863, the Rebel position at Woodbury at
tracted the attention of the commander of the army, and
I was ordered to dislodge them and drive them out of
town. Cruft with his brigade was then, as I have before
stated, at Cripple Creek, some eight miles from Mur
freesboro, on the route to Woodbury ; I therefore took
with me the bulk of my division, Hazen's and Gross'
brigades, leaving in camp sufficient guard and the men
who were not in good condition, and moved to Cripple

150 THE STORY OF AN EARNEST LIFE.
Creek and spent the night there. The next morning I
moved with all my active force and crossed Stone river
at Ready ville, and marched by the turnpike toward
Woodbury. About a mile northwest of that place I encountered a
force of a few hundred men who were behind a stone
fence . I could easily j udge of their numbers by the volume
of their fire. They inflicted some loss upon me before I
discovered the strength of their position. I then with
drew my main force, threw forward a line of skirmish
ers, and under the cover of a hill which concealed the
movement, turned their right with two regiments. This
movement dislodged them ; they broke and fled through
the town. It was expected that Wilder, with his
mounted men, would have reached the rear of the
enemy before we made our attack, but he failed to do so.
Colonel Hutchinson, of one of the Rebel cavalry
regiments, and a few others were killed in this affair,
but we captured no prisoners ; I could only pursue them
with infantry. I passed through the little town of
Woodbury, found no enemy, and as it was then rain
ing I determined to return to Readyville and recross the
river. When I reached Readyville, where I met my wagon
with supplies, I rode up to a large one story brick house,
and when I called, a lady came to the door. I asked her
if I might occupy one of her rooms for the night ; she
answered me with tartness, "No." I then said to her,
"It is raining, and I will be compelled to pitch my tent
in your yard, and you will be sorry for me when you
see me sitting out in the air." I also told her, "My
wagon is up — I have some flour, good ham and some
coffee, and you Southern ladies always have good cooks
about your houses. Won't you let me occupy one of
your rooms, let me furnish the flour, ham and coffee and
then take supper with me ; I have not sat at a table with
a lady for six months?" After saying this, as the
phrase goes, "I saw that I had her." She said, "I

BATTLE OF CRIPPLE CREEK. 151
know that you will come in anyhow whether I consent
or not." I did go in, and had an excellent supper, at
which she presided.
In the course of our conversation I learned that she
was the niece of the Rev. Henry Palmer, who was a
member of the Constitutional Convention of 1847 (of
which I had also been a member) , and of the Rev.
Frank Palmer, once of Jacksonville, and remotely of
"kin" to me, according to Virginia and Kentucky rules
for computing kinship.
During the evening I learned that Hattie McMillen,
daughter of the Rev. Edward McMillen, who had once
visited my family in Illinois, lived tAvo or three miles
from Readyville. She was married in Illinois and
settled in Tennessee. Her husband was a major in one
of the Rebel regiments we had fought the day before. I
took with me my escort of about fifty cavalry, and
guided by the son of the lady at whose house I had
spent the night, I rode to her residence, posting videttes
to observe the surrounding country and prevent a sur
prise. I went into the house, and, to my surprise, she
was so frightened that she did not know me. I told her
my name, but she did not recover ; I then guessed the
cause of her fright, her husband was concealed in the
house, and both of them supposed we had come to
capture him. I did my utmost to reassure her ; I told
her I Avas incapable of coming to visit her for the pur
pose of taking her husband ; I saw that notwithstand
ing my assuranee she felt relieved when I left the place.
She afterAvards with her sister dined with me at Cripple
Creek, and "owned up" that her husband was in the
house and heard all that I said to her.
Perhaps I may as well tell the sequel to my acquaint
ance with the lady Avith whom I found myself to be akin
at Readyville. She was the sister of Hon. Charles
Ready, of Murfreesboro, whose daughter married John
H. Morgan, the chief of so many raids upon the Union
lines.

152 THE STORY OF AN EARNEST LIFE.
Mrs. Talley, whose name I may as well give here,
had a daughter with whom I sang plantation melodies
after my return from Woodbury, she was a pupil of the
Woodbury schools.
General Hazen, whose brigade was afterwards posted
at Readysville, refused to allow her to cross the lines
without an examination of her trunk. My "cousin"
said, "General, you know that my daughter, a little
girl, don't like to have her trunks examined by men."
I remembered that I had daughters at home ; I ordered
Hazen to allow the young lady to pass to Woodbury
without an examination of her trunks. Soon afterwards
she passed through the lines without examination, and
I next heard of her over in the Tennessee Valley, and
she carried with her a silk dress for Mrs. Morgan. She
cheated me of course, but when Hazen, who was then a
bachelor, complained to me of my order which allowed
the little girl to pass beyond the lines without a search
of her trunk, I said to him, "That any information she
could give Morgan would probably mislead him, and I
was glad that Mrs. Morgan had got her silk dress !"
In February of the same year, I received a telegram
from Governor Yates asking me to return home as he
had with me "business of importance." I came to
Springfield after stopping over one train with my family
at Carlinville. After reaching the city I met Governor
Yates and Dr. Fithian of Danville, who was provost
marshal of his congressional district, and read many
letters which the governor had received which indicated
great danger of an uprising of the "Knights of the
Golden Circle," and probably other disloyal organiza
tions. The letters were written in January and Febru
ary, and by persons who were loyal to the government
of the United States, and some of the writers advised
the governor to raise four or five more regiments of cav
alry for "service in the state."
I found the governor thoroughly alarmed on account
of these letters, and he assigned to me the duty of going

BATTLE OF CRIPPLE CREEK. 153
to Washington and consulting the president and secre
tary of war as to the propriety of raising a number of
regiments for service in the State of Illinois.
Mr. Lincoln, in response to the letter of the governor,
handed him by me, answered with one of his jokes which
cannot be repeated, and said : "Who can we trust if we
can't trust Illinois I" and referred me to the secretary of
war. The president also asked me, "How the boys re
ceived his proclamation?" I told him that we thought
he ought to have said to negroes : "Arise, Peter, slay and
eat." He said : "You were all opposed to the proclama
tion when it was first issued, were you not?" I replied :
"Yes." "Well, don't you see that on an average I am
about right?"
I called on the secretary of war (Mr. Stanton) as Mr.
Lincoln had proposed, and after I told him my business
was from Governor Yates, and that he asked authority
to raise four regiments of cavalry for service in Illinois,
he said : "You are to command these troops, are you
not?" and when I replied, "No, I am not, and would re
fuse the command of troops raised for service in my own
state and amongst my own people. I have a command
of Illinois regiments which is entirely satisfactory to
me." He then said: "That shows the d — d nonsense
of the whole thing ; if you thought your own family and
friends were in danger, you would be willing to com
mand troops raised to protect them." I reported to
Governor Yates by letter, and returned to my command
which was in Tennessee.
When I reached Harrisburg, Pennsylvania, on my re
turn, I heard a complaint from the closet of the car,
when upon entering it, I found a man named Moore, who
had lost a leg at the battle of "The Seven Pines," in
Virginia. The bandage of his wounded limb had slipped
and caused great pain. He had been discharged from
the hospital in Philadelphia, and had belonged to the
"Buck-tails," a Pennsylvania regiment in the civil war.
I took him under my care until we reached Clay City,

154 THE STORY OF AN EARNEST LIFE.
Illinois, where I delivered him to his sister, Mrs. Mc-
Cauley ; then went on until I met the train going east,
and passing through Louisville, Kentucky, went south
where I rejoined my division.
I soon afterward moved Gross' brigade to Cripple
Creek, and Hazen's to ReadyvUle. We remained in camp
until about May 21st, and as I was "to the manor born,"
I improved my time by an occasional reconnoissance
under orders from headquarters, and by rides around
the country, where I met some persons who had once
lived in Illinois, and the relatives of many who had re
moved to and still resided in this state.
I met with but one adventure while visiting around
the country that is worthy of narration. On Saturday,
May 15th, I made a more than usually extended trip,
visiting acquaintances in the neighborhood of the camp,
and after spending an hour Avith one famUy who liber
ally supplied my escort of about twenty men, as well as
myself, with the homely food left them, in exchange for
tobacco and other things that were equally agreeable to
them, I rode forward, perhaps a mile, and reached one
of those magnificent springs which are to be found amid
the "knobs" of Middle Tennessee. We adopted the
usual precautions to prevent a surprise, and while the
men watered and rested their horses, I went to a house
a hundred or two feet distant, where I found a lady of
some fifty years of age, who told me that she was a
widow, and that two of her sons were members of a
force which we knew Avas in the neighborhood, called
the "3d Georgia Cavalry." She was a most agreeable
woman, and after a half hour's conversation, when I
was in the act of leaving, she followed me to the door,
where she saw the men, who were by that time mounted
and waiting for me. She invited me very urgently and
kindly to return the next morning and breakfast with
her. The house was only some three miles from
our camp, and the promise of a good breakfast was so
flattering I accepted and returned to camp. My invita-

BATTLE OF CRIPPLE CREEK. 155
tion was repeated to several officers who called upon me
during the evening, and we arranged to start the next
morning after inspection ; and, without being influenced
in the slightest degree by suspicion or distrust of the
widoAv's intentions, I ordered part of my escort, Com
pany C, 7th Illinois Cavalry, of twenty-five men, and
two companies of Tennessee cavalry, about sixty men,
on duty with me, to report the next morning for the
trip ; and at an early hour, with perhaps half a dozen
officers, mostly young men, who joined me for the pleas
ure of it, we left the camp for our visit. We pushed
forward at a good pace, and my advance guard reached
the spring before me. Videttes were posted on promi
nent points, and, leaving my horse, I went in the direc
tion of the house, accompanied by a single orderly. I
approached the house from the west, and the door at
which I expected to enter was on the south. As I
reached the gate opening into the yard, near the northwest
corner of the house, my attention was attracted by the
conduct of a negro man, who was just north of the house
grinning, turning up the whites of his eyes and gesticu
lating with his arms in a most surprising manner. Sus
pecting something from his conduct, I met him and
asked : "What is the matter?" He answered, speaking
in a low tone : "Dey's been here arteryou." "Who?"
I said. "De Rebs," he replied. I then asked him:
"How many?" He said : "Just about as many as you
is." I then sent word to the officer in command to
mount, and entered the house, and, without referring to
what I had heard, spoke to the lady politely, excused
myself, returned to my escort and started south, on the
road the Rebels had gone, with the hope of overtaking
them. We rode half a mile, and met a Avoman on horse
back who was an acquaintance of some of my men, and
she told us that the enemy had taken a road in a south
westerly direction, and led to the turnpike from Mur
freesboro to Brady ville, some three-quarters of a mile
distant, and at the western base of one of the knobs over

156 THE STORY OF AN EARNEST LIFE.
which the pike passed towards Bradysville. We at once
took a road which leads in a southeasterly direction, and
reached the "pike" at the eastern base of the knob. We
discovered the Rebel cavalry, in numbers perhaps about
equal to ours, mounted in columns of fours and in a lane
too narrow to admit of deployment. The sight startled
me for a moment, but it occurred to me in a flash, that a
brigadier-general in Virginia had, while on a trip some
thing like my own, been captured, with two or three
horses, and that Mr. Lincoln had said, when speaking
of the affair : "I can make another brigadier, but I hate
to lose the horses!" Recollecting this, and aware that
there was but one Avay to avoid the laugh of the whole
army, I shouted, "Charge !" and we went up the hill on
a gallop, charging upon the head of their column, and
the whole Rebel column fired as we were riding upon
them ; but, as we were in fours also, the volley did but
little harm, only wounding three or four men, Sergeant
Monk, who was just at my left, being one of them.
They had no time to reload before we were upon them —
the mere weight of our horses overturned horses and
riders as we struck them and threw them into confusion.
My own horse struck one of them broadside, and horse
and rider fell, and my horse recovered with difficulty.
They broke, and we overtook and captured some of them
in the lane ; but, when they passed out of the lane, they
scattered in the woods. We captured tAvo officers and
sixteen men and a number of horses, and sent them to
headquarters. The officers, Captains Edwards and Wil
lis, were, of course, greatly mortified, and had no money.
I handed them twenty dollars, to be repaid to any needy
Union soldier they might meet, but I have never heard
hoAV they discharged their undertaking.
The fate of one poor Rebel on that day was most sin
gular, as well as unfortunate ; being closely pursued by
one of my escort, who frequently called upon him to
halt, he received a thrust by a saber which entered his
lungs. Upon examination by Dr. Menzies, who was

BATTLE OF CRIPPLE CREEK. 157
with us, it appeared that the air passed from the wounded
lung, and did not escape through the wound, but in the
skin. It penetrated the tissues and distended them in
the most astonishing manner. I had him taken to the
house of the widow, told her she Avas responsible for his
situation, and required her to give him needed atten
tion. He lived but a day or two, and died from suf
focation. One evening, while at Cripple Creek, I was strolling
about the camp and heard, in the officers' tent of the
110th Illinois, the sound of some old familiar hymns,
such as I had heard in Illinois many years before. I
stopped to listen, and Avhen the singing ceased, a voice
was lifted in prayer, which expressed the most patriotic
sentiments. Having asked who was the leader, I was
told it was George W. Lasater, a private in the regiment.
The next morning, I issued an order, to be read at dress
parade in the evening, relieving Lasater from "fatigue
and guard duty." The following morning, a tall,
bronzed man came to my tent, touched his hat to me,
and requested that the order be rescinded. I told him
that most soldiers were willing to be relieved from duty.
He replied that it was a matter of conscience with him ;
he had enlisted and taken the oath to perform his duties.
Subsequently, he was chosen by the men to take their
money to Illinois and distribute it among their families.
I then told him that I would recommend to Governor
Yates that he be appointed chaplain of the regiment, as
he had been performing the duties of that position. He
said he was a mere local preacher, and was not eligible
to the office. I told him that being a Methodist, they
would qualify him, as they would never allow an in
formality of that sort to interfere with his acceptance of
an office.
The sequel proved I was correct, for Bishop Ames
took him to Delaware, where the general conference was
in session, and sent him back with his commission.
After the war, I met him at Marion, Williamson county,

158 THE STORY OF AN EARNEST LIFE.
and complimented him upon his patriotism, and his wife
told me with tears in her eyes that it was less dangerous
for him to have gone into the army than to have remained
at home, because of the divided sentiments of his neigh
bors. The next and last time we met, he was chaplain
of a Garfield Club. I went to his pleasant home, and
he told me the land was nominally his, but that I hav- ,
ing suggested his chaplaincy, it belonged to me. I con
sidered that my suggestion had borne excellent fruit in
the promotion of the interests of a good man.
The army remained in and around Murfreesboro until
June 24th, and though my advanced position and my
rare visits to the headquarters separated me from the
bulk of the army, and kept me in comparative ignorance
of the situation and plans of General Rosecrans, still I
discovered that the political situation in the North and
intrigues at Washington had their influence upon the
operations of the army.
I knew from information that I thought reliable :
that there was a desire among the more radical leaders
to find some candidate for the presidency to supersede
Mr. Lincoln, and that their attention was directed
towards Rosecrans, who was then rated very high as a mili
tary man. My conversation at headquarters upon such
subjects was chiefly with General Garfield, whose views
I never attempted to penetrate, but I suspected him of
being in the confidence of Governor Chase and Senator
Wade and others, whom I supposed were opposed to Mr.
Lincoln. Early after, I discovered that discussions of the char
acter I have indicated were frequent in the army. I
expressed my own views so distinctly that I was not
taken into the confidence of any one opposed to Mr. Lin
coln. I believed then, as I do novr, that the professed
eagerness of Chase and Wade and their confreres to crush
the rebellion, and their opposition to Mr. Lincoln, based
upon the supposed feeling of reluctance to the adoption
of measures of severity towards the Rebels, were merely

BATTLE OF CRIPPLE CREEK. 159
the result of their eagerness to take advantage of the pop
ular feeling in the North, and force themselves into the
lead. Up to 1861, I had felt for Governor Chase the
greatest respect and admiration, but had come to regard
him as excessively ambitious, and to believe that this
weakness made him altogether selfish and unsafe as a
political adviser to the president or as a party leader.
In 1861, in the peace conference, he had advocated a
national convention as a means of settling the impend
ing difficulties between the North and South, and when
asked by Colonel Doniphan, then a delegate to the con
ference from Missouri, "Suppose a national convention
should assemble and should agree to divide the Union,
what then?" and he answered, "I know of no authority
superior to a national convention," I made up my mind
that he was entirely willing to be president of the North
ern republic. He righted himself as chief justice, and
in this place proved he possessed great judicial talent.
The long delay in the movements of the army had
early in the spring excited the anxieties of the people
of the North, and when the fine weather of the latter
part of April and early May came on, the army mani
fested some impatience. I had no share in the con
fidence of General Rosecrans, and was therefore sur
prised to receive, on June 9, 1863, a circular addressed
to the corps and division commanders of the army, the
substance of which will appear by my answer, which
was as follows :
"Headquarters 2d Div., 21st Army Corps,
"Camp Cripple Creek, June 9, 186S.
"Lieutenant-Colonel C. Goddard, Asst. Adj\Gen.,Dep.
of Cumberland.
"Colonel — I have the honor to acknowledge the re
ceipt, at 12 m. last night, of the confidential note, pro
pounding to me the foUowing questions, viz :
"1st. From the fullest information in your possession,
do you think the enemy in front of us has been so ma-

160 THE STORY OF AN EARNEST LIFE.
terially weakened by detachments of Johnston, or else-
Avhere, that this army could advance on him at this
time, with strong, reasonable chances of fighting a great
and successful battle?
"2d. Do you think an advance of our army, at pres
ent, likely to prevent additional reenforcements being
sent against General Grant by the enemy in our front?
"3d. Do you think an immediate or early advance of
our army advisable?
"I must be allowed to state, at the outset, that my
information of the present strength, position, probable
purposes, and late movements of the enemy in our
front, is very incomplete and unsatisfactory. It is con
fined to facts gleaned from my intercourse with the peo
ple in the vicinity of this place, Readyville, Woodbury,
Bradyville, etc. ; the reports of citizens' scouts, whose
excursions are limited to very short distances in the sup
posed direction of the enemy, and from conversations
with prisoners taken by my command, travelers, refugees
and deserters who have escaped to our lines, and such
other sources of information as are open to every other
officer of the army.
"My opinion, formed from these scanty materials, can,
I am aware, have very little value, but I very cheerfully
proceed to express them.
"I do not think the enemy in our front weakened ma
terially by detachments to Johnston ; the weight of the
facts in my possession impresses me with the belief that
General Bragg has sent from his army to Mississippi not
far from 15,000 men, but I am reliably informed that
troops have been withdrawn from garrisons, convalescent
camps, etc., in Northern Alabama, Georgia and perhaps
elsewhere, to replace them.
"I estimate the actual deduction to be made from
Bragg 's strength, on account of troops sent to Missis
sippi, in numbers at 10,000 men ; in general effectiveness,
something more. Notwithstanding this impression of
the strength of the enemy, which assumed, by the way,

BATTLE OF CRIPPLE CREEK. 161
his inferiority to us, I do not believe this army can ad
vance on the enemy with a reasonable chance of fight
ing a great and successful battle ; I do not believe he
Avill fight a decisive battle under such circumstances.
It is now of vital consequence to the enemy that Bragg's
army should be kept unbroken.
"If Vicksburg falls into our hands, it will probably
be required as the nucleus of all further operations in
the West and South.
"He is in possession of one or more fortified places
of considerable strength on his present line. His line
of retreat is over a rough, almost mountainous country,
traversed only by narrow roads, easily obstructed or de
fended ; every march brings him nearer to reenforce
ments. I think he would fall back slowly, watching
closely, ready to take advantage of the accidents, ob
structing our advance, and attacking our lines of com
munication. "We can take care of ourselves, but we cannot compel
him to fight a battle upon equal terms. I do not think
an advance of our army at present likely to prevent
reenforcements being sent against Grant by the enemy
on our front. This opinion is based upon the theory that
Bragg has already contributed all the forces he is ex
pected to furnish to the Army of the Mississippi.
"The foregoing answer to the second question must
be understood with reference to the more general ex
pressions to be employed hereafter in replying to the
third question of the series.
"I have already referred to the incomplete character
of my information with respect to the present condition
of the enemy in our front. I allude to it again, to
apologize for withholding a categorical answer to the
question, 'Do you think an immediate or early advance
of our army, without more complete information than
I possess,' if by 'any advance' is meant a forward move
ment of the army with its trains, etc
11

162 THE STORY OF AN EARNEST LIFE.
"But assuming, what is hardly admissible, that the
general commanding is as ill informed as myself, I do
advise that it be used, as far as possible, without in
volving it in a long march and needlessly extending its
lines of communication, in giving employment to the
forces of the enemy with his superior numbers of
cavalry in our neighborhood. It may be that he
meditates further aid to Johnston, and he may be in
duced to do so by our inactivity.
"The Army of the Cumberland has probably reached
its maximum efficiency ; what it will gain hereafter in
drill and discipline by a longer continuance in camp
will be lost by the growth and influence of habits of
idleness and self-indulgence upon officers and men.
"With great deference I submit that the enemy may,
without risking engagement under circumstances dis
advantageous to us, be compelled to develop his strength
and his purpose. The reasons which will induce Bragg
to decline a decisive engagement with our army under
present circumstances ought to prevent us from risking
it. If Grant fails before Vicksburg, it AArould be unfor
tunate if this army is then found entangled in the inte
rior of Tennessee. Very respectfully your obedient servant,
John M. Palmer, Major-General ."
I had before heard that the secretary of war was
urging an advance of the army, and was not surprised
on the 23d of June to receive orders to move in the gen
eral direction of Tullahoma, where Bragg was known to
be, though his forces were at different points along his
front, in observation. Crufts' and Gross' brigades were
with me at Cripple Creek, and Hazen's at Readyville.
We marched on the 24th, about nine o'clock, in a heavy
rain, and in the afternoon with a battalion, 110th Illinois,
consolidated, and my escort, 7th Illinois Cavalry ; we
encountered a small Rebel force, and drove it before us
nearly a mile. We went into camp that night; it was

BATTLE OF CRIPPLE CREEK. 163
still raining and moved next morning (still raining) ,
and after a short march reached Gillie's Hill, a minature
mountain, and as the roads were horrible and the rain
continued, did not succeed in getting our artillery and
baggage up until about noon on the 27th.
I Avas at a place called "Hollow Springs," on the
27th, and while there the scouts brought in as prisoner
a well-known preacher, whose name I need not give, and
of whom I had heard it reported that the year before
at one of his meetings had prayed, "0, Lord! give us
rain enough to help the crops, but not enough to raise
the river for the Yankee gunboats to come up to rob us
of our property and scatter our wives and children."
When brought to me he handed me a copy of his
oath of fidelity to the United States, but while I was
examining it the officer having him in charge took from
his pocket a certificate of his loyalty to the Southern
Confederacy and a protection in due form ! As was
sometimes said of others, "He carried his papers in
both pockets, as he did not know into whose hands he
might fall."
After we reached the top of Gillie's hill, we pushed
on over the barrens, in Avhich were spots underlaid with
quicksands, the crusts of which would sometimes break
and a wagon sink to the hubs in a moment.
On July 1st, Ave moved out over horrible roads for a
few miles, and under an expectation of an engagement
formed line of battle, but the enemy retreated ; we pur
sued them to Elk river, near the foot of the Cumberland
mountains, found the river full and rising, then fell
back on the HiUsboro road, a short distance, and went
into camp.
We left Cripple Creek on the 24th of June with light
rations for twelve days, but the constant rains had
spoiled much of the bread and other supplies, and we
were now, on the third day of July, substantially out of
supplies, and the men were suffering from hunger.
Observing their situation, I sent a regiment in advance,

164 THE STORY OF AN EARNEST LIFE.
under charge of Captain Howland, quartermaster of the
division, with instructions to select a spot for a camp and
post guards so that I could march the men inside the
guard lines before stacking arms.
There is no more sagacious animal than an old
soldier. They saw the regiment I had selected move
off to the front and divined my object instantly, and by
common consent determined to outwit me.
I paid no attention to them until we overtook the
regiment that was to form the camp, and observed, as I
thought, that the ranks were thin. I then hurried for
ward, and had guards posted, and watched the regiments
as they filed into the lines, and am quite sure that a full
three-fourths of the men had broken ranks, probably in
many cases by collusion with officers who were off
foraging. Soon I heard shots in many directions, and within an
hour men commenced coming to the guard lines loaded
with the product of the raid. I had determined upon a
"divide" with them, and ordered that when a man
reached the lines he should be marched to my quarters
with his plunder, and as they came with parts of cattle,
hogs and sheep, and whatever else they had, it was piled
up until there was more than a ton of meat, and I had
a large number of hungry, angry men watching for the
result. The conclusion of the affair was both ludicrous and
pathetic, and demonstrates that absolute authority can
not afford to be laughed at or indulge in the luxury of
pity. The first attack upon my authority was made by
a very small man of the 6th Kentucky Infantry. He
was a German, and was brought in sweating under the
half of a hog. At my order he threw his load down on
the pile, and I said to him: "Who gave you leave to
break ranks, and go out and steal?" "You dit," he
said. I replied : "You lying rascal, I never authorized
you to steal." He said: "You dit." I saw the men
standing around were enjoying the scene, and said :

BATTLE OF CRIPPLE CREEK. 165
"When did I authorize you to steal?" He said: "At
Stone River, you ride up and you say, 'Stand up to
them, 6th Kentucky, and you may steal for six months ?' ' '
I could hear the crowd of men behind me laughing, but
remembering the occasion, I told him to stand aside, and
his evident disappointment added to the mirth of the
bystanders. The men were being steadily brought in, and finaUy
the guard brought forward a fine looking young man of
the 41st Ohio. He had the half of a calf he had found
and killed. I ordered him to throw it down on the
heap and he did so. He stood very respectfully for a
few minutes, and then said: "General, arn't you going
to let me have my meat?" I answered: "No; you
break ranks, go out and rob the people, and then expect
to have the result of your robbery!" To my surprise,
the tears ran down his cheeks. I said: "You great
overgroAvn booby, are you crying about a thing of this
kind?" and he replied, "General, I have had nothing to
eat since yesterday morning ; Ave had to march before
the orderly distributed the rations." I sent for his
orderly sergeant, who confirmed the statement. I gave
him his veal and a cup of salt, but felt that my authority
was subverted — I had been laughed out of the hog,
and cried out of the calf. I summoned the brigade com
missaries and they divided the supplies to the satisfaction
of all parties. For a long time afterwards I could oc
casionally hear the dialogue between the little Dutch
man and myself slyly repeated.

166 THE STORY OF AN EARNEST LIFE.

CHAPTER XV.
Manchester — Governor of Tennessee — Union refugees — Cross the Ten
nessee river — Lookout mountain — Ringgold — Battle of Chicka
mauga — Colonel Robinson — Return from Chickamauga — Russell's
battery — Fatal order.
On July 8th, we returned to Manchester on the line of
railroad from Tullahoma to McMinnville, where we re
mained for some three weeks refitting, for further opera
tions. I remember nothing more pleasant in my camp ex
perience than the time spent at Manchester. I found
there some acquaintances made before the war, and met
relatives of friends residing in Macoupin, Montgomery
and Bond counties in Illinois. The young men were
mostly absent in either the Rebel or Union armies, while
the men at home were chiefly for the Union. They were
exceedingly friendly, and visited the camp in large
numbers. The Confederate army had so exhausted the country
that my hospitality was severely taxed. My rations of
coffee and the usual army trimmings were very accept
able to the women, and the commissary whisky, of which
the supply was abundant, was enjoyed by the men.
We talked of politics and of Illinois, of which they
had heard something, and the state lost nothing by my
accounts of its fertility and prosperity. The election for
governor and other state officers of Tennessee was near
at hand, and my visitors requested me to remain and be
a candidate for governor of Tennessee. In fact, a dele
gation from "Hubbard's Cove," which was a beautiful
place at the base of the Cumberland mountains, followed
me a day's ride to tender me the votes of Grundy county
if I would stay and be a candidate for the office. I was

BATTLE OF CHICKAMAUGA. 167
then in motion for the Sequatchie valley, and was com
pelled to decline the honor.
On August 5th, I moved under orders for Dunlap in
the valley on the Sequatchie river. We made a short
day's march, and camped for the night at a place called
VillanoAV, and next morning a guide reported to me to
conduct us to "Irving College" on Collins river.
I proposed to my guide to take my escort and move
across the mountains by way of Altamont, as being more
direct, and leave my division to move up by the turn
pike, but he declined to guide me over that route for
what seemed to be a very satisfactory reason.
When I made the suggestion, he answered, "I sup
pose you knoAV the mountain is full of guerrillas." I
said, "Yes, but they claim to be Union guerrillas, don't
they?" He answered with a smile, "Yes, they do ; but
if a man with a good coat on his back tries to pass
through there, they wouldn't care for its color. All
they would hate Avould be to put a bullet hole through
it to get it off of him." I did n't go by that route.
We reached Irving College in the afternoon, and found
one of the loveliest spots I ever saw. It is but a short
distance from the Cumberland mountains, from which
it is separated by the Collins river.
A well-constructed turnpike leading from McMinns-
ville over the mountains passes through the valley.
The college building was a brick school room of no great
extent, which was surrounded by wooden dormitories.
I found there a lady, wife of the president of the insti
tution, who had some years before, as Miss Harriet
AVhitaker, been a teacher in the public schools at Carlin
ville, Illinois. She invited me to take supper with her,
which I did. She had little, but it Avas Avell prepared.
Just before we took our seats at the table, she knelt
down in front of a fire-place, raised a short board in the
floor, reached doAvn a full arm's length and brought her
silver spoons into view. I asked, "why she had placed
them there?" She answered with a confused smile, "I

168 THE STORY OF AN EARNEST LIFE.
heard you Avere coming, and did not want you to be
tempted." Next morning, we resumed our march and ascended
the Cumberland mountains. We had passed hills be
fore, but this was my first experience in mountain opera
tions. The roads were excellent, and by tAvo o'clock in
the afternoon, artillery and baggage had reached the top
of the mountain, and then Ave marched for ten or twelve
miles on a level road with houses and farms on both
sides and no great distance apart.
A number of Union refugees were with us, who took
advantage of our march to return home. I witnessed
many of the reunions of those men with their families,
and found one dying man, who had been shot by the
guerrillas, who was falling back before us.
I was informed, on reliable authority, that in the
bloody feuds between the Union men and the Rebels,
that at least thirty men had been killed in the neighbor
hood of the point where we reached the top of the Cum
berland mountains.
We spent one night on the mountain, and next day
reached Dunlap, where the brigades of the division re
mained until the 30th of August. I marched with Ha
zen's brigade over Waldon's ridge, which equals the
Cumberland mountain in height and width, and with
the brigade took possession at Poe' tavern, in the valley
of the Tennessee river, some fifteen miles from Chatta
nooga. I remained with the brigade a day or two, re-
connoitered the Tennessee river, and found the Rebels in
full force on the east bank at the ferries, and then re
turned to Dunlap. The Sequatchie valley lies between
the Cumberland mountains and Waldron's ridge, and at
Dunlap does not exceed three miles in width. It is very
fertile, and the Sequatchie, a small stream, traverses its
whole length.
The able-bodied men of the valley were nearly all in
one or the other of the armies ; the men who remained
at home, with a few notable exceptions, were loyal. The

BATTLE OF CHICKAMAUGA. 169
best evidence of the loyalty of the men of the valley was
found in the language and conduct of the women.
On the 31st of August, Ave commenced marching doAvn
the Sequatchie valley and camped on the Little Sequatchie .
Cruft moved to Shellmound and crossed the Tennessee
river on a ferry boat with Gross's brigade. I moved to the
mouth of Battle creek ; rafts were constructed from the
cedar logs of houses there, and with the mules swim
ming, and a rope stretched across the river, the brigade,
its artillery and baggage, was crossed over, and we
marched to Shellmound and joined Cruft, and then
pushed forward rapidly, with the hope of saving the
railroad bridge over Running Water creek. We were
too late, the Rebels had fired the bridge, and it Avas fall
ing when we reached. We then moved up Running
Water creek to Coles' academy, and then crossed into
the Lookout valley, where, employing ourselves in re
connoissances in the direction of the enemy, we remained
until the 8th of September ; and, as Bragg vacated Chat
tanooga on the 8th, we moved forward in order to occupy
that place, and then really entered upon the campaign
which included the operations that led to and followed
the battle of Chickamauga, and the ultimate total defeat
of the Rebel army at Missionary ridge.
The history of this memorable campaign has been
written by so many, Avith all necessary fullness, and with
such approximate accuracy, that I will attempt no more
than to give an account of my own connection with the
campaign, and make only such reference to the acts of
others as is necessary in order to make myself under
stood. There are, too, minor matters of history that
may be profitably stated, not on account of their oavu
value, but of the relation they have to more important
events. I will mention some of these matters, partly because
they are personal to myself, and partly because they
may possess of themselves some, though a subordinate,
interest.

170 THE STORY OF AN EARNEST LIFE.
Now, to return to my story. After the 21st Corps,
with the exception of Hazen's brigade, which was still
above Chattanooga, reached Lookout Valley, for the
double purpose of observing Chattanooga and covering
the rear and left flank of the 14th and the 20th Corps,
Avhich had commenced their march across the mountain
ranges in the direction of Rome, Georgia, it was well un
derstood that the campaign was near a crisis. My own
command was occupied in a reconnoissance in the direc
tion of Lookout mountain, which elevation, two or three
thousand feet above the valley we occupied, was in pos
session of the enemy.
On the 9th of September, information reached me
from several sources that Bragg had evactuated Chatta
nooga, and I received orders to move — to occupy the
city. My information led me to believe that Bragg did
not intend to abandon Chattanooga. I guessed that he
had fallen back for the concentration of his forces, or
that he would throw his whole force upon the 21st Corps
as soon as it cleared the point of Lookout mountain and
was fairly committed to the Chattanooga valley.
As will be seen, by reference to the maps, the point
of Lookout mountain, a short distance below the toAvn
of Chattanooga, approaches the Tennessee river so closely
as to admit of a very narrow passage betAveen the river
and the mountain ; a road then led across the Chatta
nooga creek, close to the bank of the river, in a north
east direction, to the town, while another road leads
from the same point southeasterly, for a distance of
probably tAvo miles, to the village of Rossville, where it
unites with a road leading from Chattanooga, via the
Gap in Mission ridge, to Ringgold. Also, after passing
the Gap, another road branches, and leads to Lee and
Gordon's mills, and there crosses the west branch of the
Chickamauga, and from thence to Lafayette, Georgia.
Being aware of the position of Rossville, with respect
to the point of Lookout mountain and Chattanooga, as
well as to the Gap and the roads before mentioned, I

THE BATTLE OF CHICKAMAUGA. 171
obtained permission from General Crittenden to march
directly to Rossville, and he ordered Van Cleve 's di
vision to march to the same point.
We were then about 12,000 strong in the Chattanooga
valley, while Bragg's army, of more than double our
numbers, was within twenty miles of us, in a country
with which he was familiar, and with good roads run
ning from his front to ours, and at that time the re
mainder of our army was committed to a march across the
mountains beyond supporting distance. During the
night of September 9th, I received from the corps head
quarters an extract from an order from army head
quarters to pursue the enemy in the direction of Ring
gold, Georgia, and bring him into battle. The order
seemed to be remarkable, for I knew from information
collected in the neighborhood that on that day a Rebel
force was at Lee and Gordon's mills, and that Bragg him
self was at Lafayette.
On the morning of the 10th, and after clearing the
Gap to my front of a slight Rebel force, I moved on,
crossed the Chickamauga, and reached the hill which
overlooked Pea Vine creek valley, and witnessed the
most mortifying and humiliating scene that befell me
during my military life.
I had ridden, with my advance regiment, the 1st
Kentucky Infantry, a regiment which took part in the
campaign in West Virginia early in the war, and re
moved to the West. It had participated in the battlo
of Pittsburg Landing, or Shiloh, and acquitted itself
with great credit. When Ave reached the point I have
mentioned, I could command a view of the valley for a
great distance.
The road from Cleveland to Lafayette crossed the east
branch of the Chickamauga at Greyville and ran south on
the east side of Pea Vine creek, along the valley for miles.
The road was concealed from my observation by the small
timber and brush along the creek, but from my position
on the hill I could, by noticing the dust, determine that

172 THE STORY OF AN EARNEST LIFE.
cavalry and infantry were passing across my line of
march going south. It was easy to determine that the
infantry force was small, but not so easy to determine
the strength of the cavalry. To satisfy myself, I or
dered Major Norton, of the 42d Illinois, my senior aid,
to ride with my escort, some forty men, to the front, to
ascertain the facts. In the meantime, the troops had
filed past me, and the head of the column had reached
the skirt of timber near the creek. I saw Norton come
at a gallop, pursued by a superior force of the enemy;
the troops in front were thrown into confusion. I rode
forward, at full speed, and before I could reach the
spot the Rebels, under the cloud of dust, captured two
officers and fifty-six enlisted men, all from a veteran
regiment. I followed with my escort, but found myself
soon in the presence of a largely superior force.
I have never suffered from disease or other cause the
agony produced by this event. Not a gun was fired,
but the Rebels, at full speed, rode up, and captured all
these men with loaded muskets in their hands.
The remainder of this regiment revenged the insult
inflicted upon them in the battles of the 19th and 20th,
which were fought but a few miles from the scene of
their humiliaton, and I confess that I felt much as they
did, and watched them with a glow of feeling, which
is partially aroused now within me by this brief recital
of their obstinate gallantry. The next morning, Sep
tember 11th, we resumed our march in the direction of
Ringgold, and then drove the Rebel forces through one
pass in the mountains, and destroyed the railroad for a
few miles.
During the evening, General Crittenden overtook us,
and informed me that Rosecrans had discovered the real
meaning of Bragg's movement, and had gone to join
Generals Thomas and McCook, who, with the 14th and
20th Corps were still in the mountains ; Crittenden's
purpose, upon this discovery, was to move in the direc
tion from which the other corps were expected, in order

BATTLE OF CHICKAMAUGA. 173
to unite the whole army before Bragg should advance
upon us in force. On the 12th I moved with only my
artillery and ambulances, until I reached Peavine valley,
in order to cover our transportation, which Van Cleve
Avith his division conducted by the direct road to Lee
and Gordon's mill, where Wood, Avith two of his
brigades, was already posted.
Upon reaching the road leading up Peavine creek,
citizens informed me that a heavy cavalry force had, dur
ing the night, passed in the direction of Lafayette ; the
bridge was cut and fords blockaded.
I reached a point at the junction of the Lee and
Gordon and the Lafayette roads, and waited there for
some time, to give Van Cleve time to pass ; I then moved
up the creek and attacked the enemy, who were in com
paratively light force. I advanced still further up the
valley, driving them before me for some distance, until
the volume of fire satisfied me that we were in the
presence of a heavy, probably superior force of infantry.
As the concentration of the army and not a partial
battle was the object, I withdrew to Lee and Gordon's,
and then crossed to the west side of the Chickamauga,
and camped near the point, to which we returned a few
days afterwards, to engage in the battle of Chicka
mauga. Sunday, September 13th, was a busy day, for it was
obvious that General Bragg was moving upon us in
force and that a battle was impending. Reconnoissances
were made to our front, and in the direction of Peavine
valley to the east. On the 14th, I marched across Mis
sionary Ridge into Chattanooga valley ; on the 16th I
returned, moved up the Chickamauga valley, passing
Crawfish Springs, for several miles to Gowans, and
watched the fords and bridges ; crossed the river on the
17th, to feel for the enemy ; encountered a party and
drove them back over the hill.
On the 18th, the enemy more bold, attacked one of my
outposts, but were repulsed with some loss to them, and

174 THE STORY OF AN EARNEST LIFE.
the heads of Thomas's column beginning to arrive, I gave
place for some of this force, and moved down the river
towards Crawfish Springs.
In the afternoon, with one of my brigades, I relieved
Barnes' brigade, who were defending a ford against an ob
stinate attempt of the enemy to cross. I then rode to the
headquarters at CraAvfish Springs, and learned there that
Rebel troops from Virginia were hourly expected to ar
rive at Ringgold, and found that Bragg was moving
north, on the east side of the river, to unite with the
force from Virginia, and then to interpose his whole
army between us and Chattanooga.
It was now a race for a battlefield, and it remains to
be seen by what slight circumstances the result of the
race, as well as of the subsequent battle, was determined.
It was no doubt the intention of Rosecrans that Crit
tenden's corps should take position to defend the cross
ing at Lee and Gordon's mills, and that the 14th and 20th
Corps should proceed, by a road leading from CraAvfish
Springs, along the base of Missionary Ridge, and reach
the Chattanooga road to the north of Lee and Gordon's
mills, and by a further movement to the left, confront
the enemy, and fight a battle for the defense of Chatta
nooga ; but an incident brought the tAvo armies into col
lision earlier than either intended. During the night of
the 18th, I attempted to reach Lee and Gordon's mills,
but the narroAV pass at Crawfish Springs was so crowded
with artillery and marching columns that I spent the
whole night on horseback, and only reached my position
about sunrise on the morning of the 19th. At that time
Thomas had gained a considerable distance on our left,
in the direction of Chattanooga, and early in the fore
noon Gross's brigade was sent north on the Chattanooga
road to reconnoiter and learn something of the positions
and movements of the other portions of the army.
At half-past nine o'clock I received a note from Gen
eral Thomas, the important effect of which will appear
from an article clipped from the Southern Confederacy,

BATTLE OF CHICKAMAUGA. 175
a newspaper published in Atlanta, Georgia, October 3d,
which I copy : "It is said that General Bragg's plan of
attack Avas designed to be the same as that of General
Lee on Chickahominy, viz., a movement doAvn the left
bank of the Chickamauga, by a column which was to
take the enemy in flank, and drive them doAvn the
river to the next ford or crossing below, when a second
column was to cross over and unite with the first, in
pushing the enemy still further doAvn the river, until
all the bridges and fords had been uncovered, and our
entire army passed over.
"This plan was frustrated, according to report, by a
counter movement, which is explained in the folloAving
order of the Federal General Thomas. This order Avas
found upon the person of Adjutant-General Muhleman,
of General Palmer's staff, who subsequently fell into
our hands : 'Headquarters 14th Army Corps,
'Near McDaniel's House, October 19, 1863, 9, a. m.
'Major-General Palmer — The Rebels are reported
in quite a heavy force between you and Alexander's
mill. If you advance as soon as possible on them in
front, while I attack them in flank, I think we can use
them up. Respectfully, your obedient servant,
Geo. H. Thomas, Maj.-Cen., CWcT^.'
"This was Saturday morning ; the counter attack upon
the front and flank of our flanking column Avas made
with vigor soon after it crossed the river, and in accord
ance Avith the plan suggested by General Thomas, and
if not entirely successful, it was sufficiently so to disar
range our plans and delay our movements."
There is no doubt but that the plan of Bragg's at
tack Avas as stated in the newspaper article, but his ob
ject is not correctly indicated. The purpose for which
the corps referred to was crossed over the Chickamauga
was that it should catch our advance in movement, and
while it was engaged the troops of his center and left

176 THE STORY OF AN EARNEST LIFE.
should move on the east bank and cross over and turn
our left. Longstreet's Virginia troops were to have
moved directly on Chattanooga, by way of one of the
roads leading from Ringgold.
Rosecrans fully understood the purpose of Bragg. As
I was moving north along the Chattanooga road he sug
gested to me to move east in eschelon by brigades, my ,
right refused. I did so, and in less than a quarter of a
mile my whole command struck the enemy at the same
moment, and Thomas with Brannon struck them nearly
the same time. The fight was extremely fierce from
the beginning, but we drove them back for half a mile ;
and as the enemy had disappeared from my front, I
ordered Hazen, whose ammunition was exhausted, to go
to the rear and fill his boxes. In the meantime Bragg,
defeated in his plan, as before described, pushed his
center and left across the creek to my right and attacked
Van Cleve, who was forced to retire.
Hearing the fire receding on our right, I rode in the
direction of the road, and feeling the necessity of prompt
action I rode up to Colonel Milton S. Robinson of the
75th Indiana, who belonged to Reynolds' division, and
who had served under my command on the Mississippi,
and learning from him that his regiment had never been
in battle, ordered him to "form" and charge the enemy.
He obeyed, saying that he did not belong to my com
mand, but would obey my orders. He ordered a charge,
and his new regiment, some eight hundred strong, led
by Robinson and myself, rushed upon the enemy with
shouts that made the woods ring, when they yielded, and
were thrown back a quarter of a mile or more. The men
we had driven before us were good soldiers, who were for
the moment surprised by the rush of this large regiment.
I told Robinson that they would return and that his
raw troops could not withstand them, but advised him
to keep up appearances as long as he could, and rode
to the left to reach my oavii two brigades, which were by
this time at a distance of perhaps a quarter of a mile.

BATTLE OF CHICKAMAUGA. 177
As I rode forward in a gallop I looked down a hollow to
my right front and saw a Rebel line advancing up a hill
in the direction of Cruft's brigade, which I could see,
and at the same time observed that they had not noticed
the approach of the enemy. I increased my speed and
shouted as I reached the right of the line to call atten
tion to the coming Rebels, and they reached the plateau
a moment afterwards. They charged us at once, and
were received with a volley which did not check them.
On they came, and then followed one of those noisy
scenes that some times occur on a well-fought battlefield.
As they pressed us our lines were pushed back, and
there seemed imminent danger that my line would
break, and then I knew demoralization would follow.
The Rebel mounted officers were in front of their lines
encouraging their men and using every effort to prevent
disorder. I remember that I noticed one Rebel officer some dis
tance in advance of his command, calling them to come
forward and firing at us. I drew a pistol from my
holster and fired at him, with what success I never knew.
We were pushed back until I saw General T urchin to my
left Avith his brigade. He ordered a charge, and as he
came up, my men rallied and joined in the movement.
In an instant all was changed. The Rebels had by this
time become disordered, and they were unable to with
stand our assault. They broke and we pursued them.
We captured some prisoners. A few were brought to
me. I ordered that their guns be broken, and told them
to "go to the d  1 !" They pushed to the rear, glad to
escape the melee.
As soon as the excitement occasioned by this lively
affair was over, I heard firing to my right rear, by which
I knew the enemy were pushing our troops who were in
that direction. I rode in the direction of our fire, pass
ing within a hundred yards of the right of the Rebel ad
vance — a few of whom saw and fired at me. I was on
12

178 THE STORY OF AN EARNEST LIFE.
the wing, however, and passed them ; found that Rey
nolds of Thomas's corps had collected a few pieces of ar
tillery, and with a part of his infantry had checked the
Rebel advance ; and after proceeding a little further, I
met Colonel Robinson, whose regiment had charged the
enemy so gallantly an hour before. He had about fifty
men with him, and told me most mournfully that his
entire regiment, with the exception of the few men with
him, was destroyed. I knew from the composition of
his regiment that the majority of them, all new men,
had taken care of themselves, and I tried to comfort
him with that assurance. He, however, said that he
knew them better than I did, and that they were all
brave men, and had either fallen or were then in the
hands of the enemy. I laughing offered to bet him ten
dollars that when he issued rations the next morning, he
would not miss twenty-five men. He looked vexed at
my offer. I rode off ; but when we met again, he said I
was "nearer right than he was."
It had turned out as I told him it would after we had.
made the charge with his regiment, of which mention
has been made. The Rebel forces that we had driven
before us were good soldiers, and when they got over
the idea that they were in the presence of an over
whelming force, they returned. They did so, and Rob
inson's raw men acted sensibly and got out of the
way. Two months later, at Missionary Ridge, the
same men would have been found hard to drive from a
battlefield. My connection with Robinson's regiment involved me
in an amusing affair. In October, 1872, I went to An
derson, Indiana, where Colonel Robinson lived, to make
a "Greeley speech," and when I reached the town, I
heard that Colonel Robinson was a candidate for con
gress on the Grant ticket. He was opposed by a gentle
man whose name I have forgotten, and I was told that
the opposition to Robinson were using against him with
some effect a charge that he had exhibited cowardice at

BATTLE OF CHICKAMAUGA. 179
Chickamauga, and his conduct at the time referred to
was mentioned in support of the charge. I addressed a
large audience at the Fair Grounds, and discovered Col
onel Robinson present and apparently one of my most
attentive listeners. After the conclusion of the address,
Colonel Robinson went up to the town Avith me, and on
the way informed me that arrangements had been made
for me to speak to the people on the public square in the
evening, and that a large number of soldiers who had
served with me would be present. He then told me of
the charge made against him, and reminded me of the
circumstances already detailed, and asked me to do him
"justice" in my evening address. Though I liked him
very much, I bantered him by saying with gravity that,
inasmuch as he was a candidate on the Grant ticket, it
seemed that I could hardly afford to help him until after
the election, but as I made him a kind of conditional
promise to refer to the subject, he left me, obviously not
well satisfied with the rather unsatisfactory assurance.
Upon reaching the stand from which I was to address
the people, I found Colonel Robinson on the platform
awaiting my arrival. He sat and listened with great
patience to a speech of an hour and a half, and as I in
tentionally acted as if about to close, he plucked me and
reminded me of my promise. I therefore told the audi
ence that I had heard that Colonel Robinson was a can
didate for congress, and was anxious to beat a good
Greeley man, his competitor, and that some of the sup
porters of our candidate had charged and claimed that
they had proved the charge that Robinson had acted in a
cowardly manner at Chickamauga. It was dark around
me, but many voices responded that the charge had been
made and proved, and as many or more voices denounced
the charge as false, and added that the men Avho had made
the charge were ' ' liars . " As soon as I could make myself
heard, I asked if any of the men of the 75th Indiana
had made or repeated the charge? This was answered
by shouts of "Yes, yes;" and I then asked any one of

180 THE STORY OF AN EARNEST LIFE.
the 75th Indiana who made the charge to come forward
to the stand; but, as I expected would be the case, no
one responded. After waiting a few moments, I pro
ceeded to tell how promptly Robinson had put himself
under my orders, and how gallantly he had led his
large regiment of raw troops in his charge on the enemy,
which I have described, and then told of my meeting
with him when he was mourning the loss of his regi
ment, and of my offer to bet him "ten dollars" that,
when he issued rations next morning, there would "not
be twenty-five missing."
This disposed of the charge of cowardice against Col
onel Robinson, and he was elected to congress. I have
had some reason since that time, in my own case, to ob
serve that false charges of military misconduct are easily
made, and that some soldiers who know the truth are
mean enough to be silent when the charge is intended
to subserve partisan purposes.
After this affair, my division fell back to a point near
the road, leading from Lee and Gordon's mills to Chat
tanooga, and the enemy made one more effort to reach
our left, but they failed, and the day closed with the ad
vantage in our favor.
Bragg's plan, as detailed in the article I have copied
from the Atlanta newspaper, had failed ; our whole army
had reached the field, and was strong on our left, which
was the point of danger, though our corps organizations
were broken up, and really the battle of the next day
wss fought by divisions and brigades.
After supper, I left my troops to go in search of some
superior officer, to obtain information and orders for the
next day. I found the headquarters of the army, and
was informed that I could not see either General Rose
crans or General Crittenden, and returned to my com
mand without either information or orders. I had then
been without sleep forty-eight hours. I gave orders to
be called at daybreak, and remember no more until I
was aroused in the morning. Taking a hasty breakfast,

BATTLE OF CHICKAMAUGA. 181
I started out to find the line to be occupied ; saw General
Thomas, who told me that I was to report to him for the
day. He pointed out to me the position to be occupied
by Baird's division, of Thomas's 14th Corps. Johnson,
of McCook's 21st Corps, moved and formed on Baird's
right ; my oavu division, of Crittenden's 20th Corps,
moved, came next ; then Reynolds, of the 14th Corps,
on my right ; but the sun was up before our lines Avere
formed, though Ave could distinctly hear the enemy at a
short distance in the Avoods before us. Bragg claims
that he ordered General Polk to attack us at daybreak.
If he had done so, with the force and energy Avith which
the Rebel attack Avas made at eight o'clock, the battle
would not have lasted an hour ; we would have gone to
Chattanooga on the run. But I have always believed,
that, after the rough handling the Rebels had received
on the 19th, we were as well prepared for battle on the
morning of the 20th as they were.
About eight o'clock, the Rebels made an attack, first
striking Baird, then Johnson, then my own division, and
with less force and vehemence the attack reached Rey
nolds, who was connected with my right, but his line
receded to the rear, to conform to the situation of the
ground and maintain his connection with Brannan,
Avhose line was formed facing south by east. When the
attack was made, we were ready for them, and men
never fought with greater determination. The roads to
our front were almost free from undergrowth, so that we
could see the line of the enemy at a distance. As they
came, they successively descended into a hollow, which
was probably three hundred yards distant from my left,
but approached the right within a hundred yards or less .
When they got fairly into motion, they rushed forward
in double-quick time, with the Rebel yell, that we had
then heard too often to be startled by it. My men, be
hind hastily constructed defenses, waited in silence for
orders to fire, and, when orders were given, a steady,

182 THE STORY OF AN EARNEST LIFE.
deliberate volley was fired, which seemed to me to sweep
the field to our front.
Russell's battery, of four twenty-four pound howitzers,
and Cushing's tAvo twelve-pound and four Napoleons,
and Standart's rifle gun, poured shell and grape into the
advancing lines. The impulse of the charge was such
that men reached within thirty yards of our lines before
they fell. These assaults were repeated Avith an impet
uosity that threatened to overwhelm us, but I had such
confidence in the officers and men of my division, that I
at no time felt the slightest apprehension.
The next operations of the day, that most threatened,
were those directed against Baird's division on our ex
treme left.
Once the attack from that quarter was so heavy that
Gross's brigade, then in reserve, was sent to support
the left, against a movement around our left flank,
Gross was repulsed and the brigade thrown into dis
order, and while riding rapidly to rally it, my horse was
struck and knocked down. I left him, and on foot took
part in the effort to rally the regiments. We succeeded
in this, and when practically reformed, we returned to
the attack, and with a brigade which was sent to our
support, the enemy were repulsed, and the left cleared
of their presence.
I returned, and found that my horse, which had been
struck with a glancing bullet, was on his feet again.
From this time, which must have been two o'clock in the
afternoon, everything seemed safe ; the enemy had been
repulsed at all points, and I fully anticipated that the
day would close with victory to our arms. I have
already said that the last operation of the left arm of
the army, Avas the repulse of the enemy, which attempted
to turn that flank, and that then everything seemed to
promise the final repulse and defeat of Bragg's army,
and a rapid pursuit of his retreating forces.
I do not know with accuracy the time when I heard
heavy firing to the right, and soon noticed by the sound,

BATTLE OF CHICKAMAUGA. 183
that our line was broken, and that the Rebels Avere
pressing rapidly forward in pursuit of retreating troops.
Feeling that everything depended upon successfully
resisting this advance of the enemy, I withdrew Hazen's
brigade from the line of battle, and ordered him to
march to the support of the troops who were defending
the line, and replaced it with Gross's brigade, which had
already suffered heavily, but which would, I felt, be
able to hold the position from which the enemy had
been repeatedly repulsed. I watched Hazen's move
ments until I heard his fire and the shouts of his men, and
then attention was again given to the situation of affairs
on my front.
Surely, no spectacle could be more pitiable than the
one witnessed. The number of the dead was astound
ing. I looked down the hollow which I have described
as approaching my right, and noticed that a great many
apparently wounded men had crept into it to avoid the
fire from our lines, and Avere unable to go farther.
Surgeons seemed to be amongst them, Avhile sharp
shooters were beyond them on the hill, picking off such
of our men as came within their reach. Colonel King,
the gallant commander of an Indiana regiment, was shot
dead while standing near me, and others were killed and
wounded. I did not spend much time in this way, however, for
the firing still continued to recede, and soon it seemed
as if our line Avas irretrievably broken. About this
time, the commander of one of the divisions near my
own, approached me and said that I was now the rank
ing officer on the field, and that I ought to order a re
treat of the divisions on the left to Chattanooga. He
said the right and the center of the army were defeated,
and no doubt Rosecrans and Thomas were killed, or in
the hands of the enemy. At the moment the prospect
did appear gloomy, and I was inclined to apprehend that
matters were as bad as he supposed them to be.
I told him, hoAvever, that if it was true the Rebels had

184 THE STORY OF AN EARNEST LIFE.
defeated the right and center of the army, and had
captured or killed Rosecrans, Thomas, McCook and
Crittenden, that so far as I Avas concerned they might
have every man of the four division they could take ;
that we would cut our way to Chattanooga ; that "I had
rather be killed, and be d — d, than be d — d by the
country for leaving the battlefield under such circum
stances." Not long after this conversation, while look
ing towards the eastern slope of the mountain, where
the fighting was still going on, I noticed the battle-flag,
Avhich I was soon able to make out as that of the reserve
corps, commanded by General Gordon Granger. Soon,
by the aid of my glass, I could see troops moving from
the north, in the direction of the advancing enemy, and
then I noticed the meeting of the reserve corps with the
enemy, and in all my experience I have never witnessed
such desperate hand to hand fighting. The sound of
musketry was so incessant and rapid that it was a con
tinuous roar. No one can tell how long this lasted ; the
advance of the enemy was checked, but the line of battle
had become untenable.
It was nearly sunset, when I observed that Reynolds'
division was retiring from my right, moving off. I rode
to the rear, in order to learn the meaning of the move
ment, and met Captain Kellogg, of General Thomas's
staff, with orders to "retire from the field," beginning
on the right, and then followed one of those scenes that
most severely tests the qualities of officers and men, and
where the difference between well-drilled troops and the
undisciplined is most perceptible.
I ordered Colonel Gross's brigade to retire first, but
as I have already said, his troops had suffered heavily
during the day, and on leaving the field they did not
maintain their character for steadiness and good order.
Cruft 's troops left the field as if on parade. I sat upon
my horse, some three hundred yards in the rear of our
late position, and looking over, beheld the splendid or
der of Cruft 's troops moving off the field. I saw the

BATTLE OF CHICKAMAUGA. 185
Rebels cross from our late defenses, and, to my regret,
a Rebel battery approached within four hundred yards
of where I sat on my horse, at the foot of a large dead pine
tree. As Standart's battery passed a Rebel shot struck
between the wheels of one of his gun-carriages. The
axle was crushed by the shot, and the gun seemed to
leap in the air and then fell to the ground, and as the
Rebel fire seemed aimed at Cruft 's flank, I expected
that soon a shot would enfilade his line with terrible
slaughter. While completely absorbed in the scene be
fore me, and in an agony of apprehension, in view of
what I supposed to be the danger of Cruft's men from
the battery, my horse sunk to the ground, and I fell
at the foot of the tree I have mentioned. I was at
once conscious that my hat had fallen off, and that my
hair, mouth, eyes, and collar, Avere filled Avith some soft
substance, but what it Avas I could not, for a moment,
blinded as I AAras, even guess.
I arose to my feet, cleared my eyes, and then found
that a shot from the Rebel battery had struck the dead
pine, a piece from the tree had probably fallen upon my
horse, and prostrated him, and had, at the same time,
covered me with the soft, rotten wood. I waited a short
time to see Cruft enter the skirt of timber, called for a
horse, and my pony, having been knocked down twice
that day, was again on his feet. I mounted him, and
rode from the field, up the slope of Missionary ridge.
Cruft halted at the top of the hill, and sent back skir
mishers to protect the men still coming from the field,
and they checked the advance of the enemy, which was
irresolute and feeble. Hundreds of men and officers, as
they came up, Avith the instincts of good soldiers, fell
into line on Cruft's right, and very soon there was a
force that would have been dangerous to a pursuing
enemy. As soon as all our men seemed to have come
up, the disorganized men in the line, with Cruft, moved
to the rear and down the west slope of the ridge, into
Chattanooga valley, and from thence by the road to

186 THE STORY OF AN EARNEST LIFE.
Rossville. I reached Rossville about nine o'clock at
night, and there learned the cause, as well as the extent,
of our disaster. My own loss was not heavy, in view
of the severe fighting in which my division had partici
pated during the last two days, and I felt that my troops
had behaved admirably, and were entitled to the great
est credit for their steadiness and courage. I knew that
no part of the misfortunes of the day could be attribu
ted to my divisions, or those of Baird and Johnson, on
my left, or of Reynolds on my right, and upon inquiry
learned that our failure to hold the field against the
enemy, was attributable to one of those accidents that
defeat the counsels of the wisest and disappoint the ex
pectations of the brave. It was unfortunate that in the
rapid movements of the army immediately preceding
and on the first day of the battle of Chickamauga, the
organization of the army corps was broken up. The
first effect of this was the loss of the services of the tAvo
distinguished commanders of the 20th and 21st Corps —
Generals McCook and Crittenden.
Crittenden's corps, with which I was connected, was
composed of three divisions commanded by myself,
Brigadier-General Thomas L. Wood and Brigadier-Gen
eral H. Van Cleve, ranking respectively in the order I
have named. In the actual formation of the line of
battle on the 20th (as I have stated) Baird's division,
14th Corps, held the extreme left, with the divisions of
Johnson, of the 20th Corps, my OAvn, of the 21st, Rey
nolds and Brannan, of the 14th, with Woods, of the 21st
Corps, on Brannan' s right. The result of this condition
of things was that McCook and Crittenden Avere practi
cally left without commands, and Thomas in fact acted
not as corps commander but as second in command of
the army.
During the day, as I have said, the battle was fought
by divisions, and orders were given by General Rose
crans directly to division commanders instead of to the
commanders of corps, who would have had the right by

BATTLE OF CHICKAMAUGA. 187
virtue of their rank to have modified them according
to cirumstances with which they would have been
familiar and to have superintended their execution.
Our defeat at Chickamauga resulted from the fact
that General Rosecrans, ignorant that Brannan 's division
separated the divisions of Reynolds and Wood, issued an
order directly to General Wood directing him to "close up
on Reynolds and support him." If this order had been
sent through a corps commander it Avould have been his
duty to know, and he would have known, that Wood could
not "close up on Reynolds," without leaving his place
in the line of battle and moving to the left the Avhole
length of Brannan's division into a position where his
division would be useless and the line of battle en
dangered. Rosecrans has claimed that Wood should have known
that the consequences mentioned would certainly follow
a literal obedience of the order, and ought himself to
have assumed that the order was given in ignorance of
actual conditions, and it was therefore his duty to have
disobeyed his directions. The order was received by
Wood, and he proceeded to obey it by AvithdraAving his
division from the line of battle, which was at once per
ceived by the enemy, who passed the opening in the line,
caught Wood in his movement, overwhelmed Brannan's
right and Van Cleve 's left, and changed the fortunes for
the day.

188 THE STORY OF AN EARNEST LIFE.

CHAPTER XVI.
Retreat to Chattanooga — Rebel artillery — General Rosecrans — McCook
p.nd Crittenden relieved — Resigned — Letter giving reasons — Letter
from Lincoln — Wounded — Assigned to command of 14th Army
Corps.
The army was defeated on the field of Chickamauga
from causes which I have explained, but it was nowise
demoralized. The soldiers knew that a false move had
opened our lines to the enemy, and that until that
unfortunate incident they were victorious at all points,
for every assault upon our lines had been repulsed
with great strength. They knew that the enemy was
severely handled, and that Bragg's conduct on the
20th of September satisfied the most timid that he had
no disposition to encounter the Army of the Cumber
land again in the field. I remained in position the
whole day, on the 21st, at Rossville, and about nine
o'clock in the evening my division withdrew from its
position and moved into Chattanooga, with as much
steadiness and composure as it had passed that city
nearly two weeks before, and we took our place in line
formed for the defense of the city with a determination
to hold it to the last.
The ground was cleared and earthworks were com
menced, under the direction of the engineers, when late
in the afternoon the Rebel army appeared on Mission
Ridge to our front, and about the same time they took
possession on Lookout Mountain, which at a distance
of less than two miles overlooked the city. We pushed
the preparations for the defense of the city rapidly,
and Bragg caused his artillery to be placed along the
"Ridge" to our front and on Lookout Mountain to
our right, and there were probably a hundred guns of
different caliber looking into our camps and threatening

IN COMMAND OF 14TH ARMY CORPS. 189
our annihilation. I will never forget the feeling of awe
with which I contemplated this spectacle ; and as all
parts of our camps seemed equally exposed to danger, I
determined to take a position where I could watch the
"grand opening." I confess I expected that from the
commanding position of the Rebel artiUery, hundreds of
feet above us, and within what seemed to be easy range
of all points in the city, our loss in killed and wounded
would be heavy. With this impression on my mind, I
seated myself with a few officers on one side of the
earthworks on my line where I could observe all points
on the Rebel line, and waited for what I imagined
would be the coming storm. I did not wait long until
the Rebel guns at all points along their line opened as if
by a single command, and then in a few moments the
roar of the cannon on the hills was repeated by the
bursting of the shells high up in the air, and near to
and upon the'earth around us. My first impression, pro
duced by the roar and apparent confusion, was, that the
artillery had inflicted immense injury, but, after look
ing in every direction, I could not see a sign of harm.
After the first volley, the fire from the hills was kept up
slowly, but regularly, so that it was comparatively easy
to watch its effect. For a half hour, perhaps, our at
tention was active, but as we saw no evidence of injury
done by it, our apprehensions relaxed, so that I noticed
many men, who at first seemed excited and alarmed,
sound asleep.
For myself, I lost all interest in the affair, so that I
cannot tell how long the cannonade continued. I pre
sume that one of the reasons, and perhaps the principal
one, why the artillery of the Rebels did us no harm was,
that the artillerists from the elevation of their pieces
could not depress them so as to aim them at any object,
and whatever effect they accomplished was purely acci
dental. This effort to dislodge us having failed so signally,
the army felt secure in its possession of the city, and

190 THE STORY OF AN EARNEST LIFE.
Bragg, who may have expected the scarcity of supplies
would compel the army to evacuate Chattanooga, de
tached Longstreet, with the troops brought by him from
Virginia, to seek Burnside in East Tennessee and defeat
or drive him from the country.
In the meantime, the loss of the battle of Chicka
mauga by our army was followed by false reports,
which were published in the newspapers of the North,
and produced great excitement throughout the country,
and reports were made to the war department by the as
sistant secretary of war, Mr. Dana, who was on the bat-
tlefied with Rosecrans, and left the field with the general,
and was with him in Chattanooga hours before the
struggle was over, and I have always believed that Gar
field took no pains to make the actual conduct of the
officers and soldiers known to the president or the secre
tary of war.
The newspapers were filled with the most false and
extravagant reports of the battle, and of the conduct of
the troops of different commands. I remember^one of
the reports published in a Cincinnati paper was, that
Crittenden's command broke and fled, etc., while the
truth was, that Crittenden's corps, either from the acci
dents of the first day's separations or from the practice
of Rosecrans, which was to issue orders directly to any
officer of any rank whose services he needed, in disregard
of all immediate officers, was broken up on both days of
the battle, and Crittenden and McCook were left without
a command. It would have been easy for Rosecrans to have over
come this difficulty by assigning to Crittenden and Mc
Cook the command of certain troops in the line of bat
tle, as Johnson's division of the 20th Corps and my own
of the 21st Corps were assigned to Thomas. Baird, of
the 14th Corps (Thomas) , was on the extreme left, and
Johnson's and my own followed. If Crittenden's had
been assigned to the command of Reynolds, Brennan's
and Wood's divisions came next in the order of the

IN COMMAND OF 14TH ARMY CORPS. 191
formation of the line of battle, the fatal order to Wood to
' 'close up on Reynolds and support him, ' ' would not have
reached Wood, and the Rebels would have been defeated
at Chickamauga ; or the order before spoken of had been
sent to Crittenden, he would have withheld it or super
intended its execution. The result of the misrepresenta
tions and the clamor which folloAved the battle of Chicka
mauga led the war department to perpetrate acts of the
most signal injustice to officers and men.
Rosecrans was relieved from the command of the
army, and the 20th and 21st Corps were broken up, and
McCook and Crittenden ordered before a court of in
quiry. My division was attached to the 4th Corps, the
command of which was given to General Gordon Granger.
I disliked Granger, and submitted to that part of the
arrangement only as a matter of duty, and I felt indig
nant that the 21st Corps, to which my division be
longed, should be broken up in the face of the enemy.
Military men are often accused of egotism, and per
haps there may be some grounds for the accusation, but
at the same time no man can successfully command sol
diers who does not maintain his full claim to respect.
The spirit which prompts men to be jealous of the honor
of the organization to Avhich they are attached is one to
be cultivated, within reasonable limits, and nothing
more dishonors a commander in the estimation of his
officers and soldiers than a belief that he is insensible to
his own honor or theirs.
I felt constrained by these considerations to emphasize
my sense of the injustice of the order which relieved
Crittenden, and blotted the 21st Corps out of existence,
by tendering my resignation, which I did in the foUow
ing letter, addressed to the adjutant-general :
"Headquarters 2d Division 21st Army Corps,
"Chattanooga, Tenn., October 8, 1863.
"Sir — I respectfully tender the resignation of my com
mission as major-general of volunteers in the army of the

192 THE STORY OF AN EARNEST LIFE.
United States. I am not indebted to the United States ;
I have no public property in my possession ; there are no
charges against me. I was last paid up to and including
June 30, 1863, by Major N. M. Knapp, paymaster.
"I tender my resignation because the late order of the
war department, which abolishes the 21st Army Corps,
and orders its late commander, Major-General Critten
den, before a court of inquiry, implies, and will be un
derstood by the country as implying, the severest cen
sure upon the conduct of the officers and men lately
composing the corps.
"The order is, in its circumstances, without example
in the military history of the country. No corps, be
fore this, has been deprived of its commander, and
stricken out of existence within a few days after a great
battle, in the midst of important military operations, and
in the face of the enemy. By this sudden, decisive,
sweeping order, the government has given to the mis
representations of the fugitives from the battlefield the
weight of its own apparent indorsement, slander is digni
fied into history, and henceforth refutation is impossible.
"I did not enter the service of the country for this re
ward, nor can I by remaining in the army give effect
and force to the imputation which the order implies
upon the memory of the dead, and the character of my
comrades who survived the battle of Chickamauga.
"I respectfully urge that my resignation be at once
accepted. I would not willingly separate myself from
the Army of the Cumberland until it is again ready to
assume the offensive, but I hope to receive notice of
the acceptance of my resignation speedily, and that it
will by that time be ready to move forward.
"Respectfully,
"John M. Palmer, Maj.-Gen. Vols.
"To the Adj. -Gen., U. S. A."
There is no doubt but that the reports upon which the
war department made the order, were the work of the

IN COMMAND OF 14TH ARMY CORPS. 193
men who left the battlefield early in the afternoon of the
20th. When they left the field, the left, which I have
already said was composed of the division of Baird, of
the 14th Corps; Johnson, of the 20th; Palmer, of the
21st, and Reynolds, of the 14th, with detached support
from other divisions covering the extreme left, had been
successful in repelling every assault upon their position,
so that I was able to detach Hazen's brigade to assist in
resisting the Rebel torrent which had penetrated the cen
ter and threatened to carry everything before it. It is
true, Crittenden had gone with Rosecrans into Chatta
nooga, but as I have already stated, he had no command
during the day, but that fact was known, or ought to
have been known. It is due to General Rosecrans
to say that he was no party to the injustice which I
resented, and he, in his indorsement on my letter of
resignation, attempted to secure for us justice. He in
formed me that he had forwarded my resignation to the
adj utant-gener al .
I copy his indorsement in full, as it carries with it the
refutation of one of the calumnies that is even now
sometimes reproduced by careless historians :
"Headquarters op Dep't op the Cumberland,
"Chattanooga, October 9, 1863.
"Respectfully forwarded, wholly disapproving the ac
ceptance of the resignation of this prudent, brave and
valuable officer, which would be a serious injury to the
service. I also disagree with him in his opinion that
the consolidation of the corps implies a censure on the
officers and men composing it. I doubt not the war de
partment will as promptly vindicate these officers and
men, as I most certainly shall in my report of their mag
nificent fighting in the battle of Chickamauga.
"W. S. Rosecrans, Major-General."
Nothwithstanding this indorsement by General Rose-
13

194 THE STORY OF AN EARNEST LIFE.
crans, I was notified of the acceptance of my resigna
tion, and I prepared to quit the army. I have before
me the original letter which I addressed to the adjutant-
general. Its history is curious. In 1875, it was sent to
General Grant, then president of the United States, by
the secretary of war, Mr. Belknap.
It was handed to me by the secretary of President
Cleveland, Major Pruden, with the accompanying
papers. It was forwarded to the secretary of war with the in
dorsement made by General Rosecrans, which I have
copied. General Halleck indorsed upon the letter :
"Acceptance of this resignation is recommended.
"H. W. Halleck, General in Chief."
"October 26, 1863"
Mr. Stanton indorsed : "Accepted, E. M. Stanton."
"Accepted, to take effect December 1st."
The indorsement of Mr. Stanton was erased upon the
original letter. On October 28, 1863, I was notified of
my assignment to the 14th Army Corps, and after a
short leave of absence, I assumed the command of that
corps. It seems, however, that as late as December 13,
1863, the acceptance of my resignation was still an open
question. I give a note of that date, addressed by the
secretary of war to the president, and of his pencil
memorandum by way of reply in facsimile:
"War Department,
"Washington City, December 12, 1863.
Mr. President — Will you please to inform me
whether General Palmer's resignation was accepted by
your direction? "Yours truly, Edwin M. Stanton."

IN COMMAND OF 14TII ARMY CORPS. 195

Jij fj-l»-l /U^~W fUj<^
It was said, with what truth I do not know, however,
but I have heard that it was thought at Washington
that my complaint that the order was made upon "mis
representations made by fugitives from the battlefield,"
was intended to reflect upon certain official gentlemen,
not directly connected with the army, but who happened
to be present wheni the battle commenced, but left the
field before its conclusion.
The events have long since become a part of the history
of the times, and while I confess the justice of the con
jecture as to my meaning, I will not mention the names
of the men to whom I referred.

196 THE STORY OF AN EARNEST LIFE.
About the opening of the campaign directed against
Chattanooga, the Army of the Cumberland had a visita
tion of officials from Washington. The Army of the
Potomac had suffered from the time of its organization
from the interference of civilians, but the Army of the
Cumberland had heretofore escaped the infliction, and
I was satisfied that we had suffered from the misrepre
sentations of these officious meddlers.
The politicians during the war were much more inter
ested in making presidents and the management of the
politics of the country than they were in the success of
our armies ; and as the reverse at Chattanooga put an
end to the usefulness of Rosecrans as a prospective presi
dential candidate, they were no longer interested in the
future of the Army of the Cumberland.
They then turned their attention to some other direc
tion, or concluded that the prospect of finding a military
rival for Mr. Lincoln was hopeless. After being notified
that my resignation was accepted, I left Chattanooga, on
the 14th day of October, by a steamboat which was plied
between that place and Bridgeport, where I expected to
take the railroad for Nashville. I was greatly surprised,
on my arrival at Bridgeport, to be overtaken by a courier,
with an order from the adjutant-general setting aside the
acceptance of my resignation, with directions to resume
my command at Chattanooga.
In pursuing this narrative of the changes in the com
mand of the army, I have neglected to notice the opera
tions against the enemy.
I have already stated, that on the 22d day of Septem
ber the enemy occupied Lookout Mountain, Missionary
Ridge and the valley south and west of Chattanooga.
They also pushed their skirmishers as near to our lines
as was safe, and then, being in possession of the sur
rounding elevation, they put all their artillery in posi
tion and attempted to shell us out of Chattanooga. My
own position faced Missionary Ridge, east of the town,
and, fancying that the greater elevation of the Rebel

IN COMMAND OF 14TH ARMY CORPS. 197
batteries gave them greatly the advantage of us, I took
my position on the earthwork to my front, prepared for
the worst. Our whole army, on the occasion, watched
the operations of the enemy with a lively interest. It
was reported that some of the men, and, indeed, some
officers, dug holes in the ground to find the means of
protection against the dreaded fire of the Rebel artillery.
We waited with great interest to witness the terrible ef
fects of the Rebel fire, but, as we waited and watched,
and saw that no harm was being done, the interest
flagged, and men went about their usual duties, and
afterwards paid no attention to the artillery. I confess
I was surprised that the fire did so little mischief.
A few days after this occurred, I met with an accident
that very nearly terminated my military career.
It was one of the foggy mornings not uncommon in
the Tennessee valley when I heard very sharp firing along
my front, as if my line of pickets was engaged, and,
when I reached the outer line of earthworks, I met them
coming in, pursued by a superior Rebel force. I at once
ordered a regiment to support my pickets ; and, with that
reenforcement, we drove the Rebels back upon their own
supporting force. I took part in this affair personally,
and, after we had repulsed them, I came back over my
own outer works, and saw that Colonel Sedgewick's 2d
Kentucky had constructed an inner work, the parapet of
which was so high that I could only see the top of the
hats of the men. Angry at seeing the height of the
parapet, I sprang up into an embrasure, turned my body
sharply to the right to speak to Colonel Sedgewick, who
stood by, and at the moment I was struck by one of the
elongated missiles we all knew so well, to the right of
the spine, which passed over my spine and plowed its
way through my hip.
I at first supposed that I had been struck with a stone or
some other heavy substance, but, a moment after, I readily
guessed, from the faces of those around me, that it was a
"hit." It was the only occasion when I was benefited

198 THE STORY OF AN EARNEST LIFE.
by being angry. If I had stood square to the front, the
missile would have passed through my body ; as I stood,
it was only a flesh wound. I suffered but little from
this unfortunate Avound, beyond being laughed at by my
acquaintances. It justified me, hoAvever, in asking for
and obtaining a short leave of absence ; and, when I re
turned, I found General George H.Thomas in command
of the Army of the Cumberland, and I succeeded him
in command of the 14th Army Corps. I confess this
promotion gratified me, and the more so, as I felt that I
owed it in a great measure to the good opinion of Gen
eral Thomas, under whose eyes I had fought at Chicka
mauga. The corps was composed of three divisions, the first
commanded by Brigadier-General Richard W. Johnson,
the second by Brigadier-General Jefferson C. Davis, and
the third by Brigadier-General Absalom Baird. Each
of the divisions consisted of three brigades, with the
usual proportion of artillery ; the whole amounting to
about fourteen thousand men. The division command
ers all belonged to the regular army. General Johnson
and General Baird were graduates of the military
academy at West Point, and General Davis was ap
pointed from civil life for his services in the Mexican
war. He was Avith Major Anderson at Fort Sumter. I
think these officers were not pleased that a volunteer
officer was appointed to the command of the corps, but
we soon became excellent friends, and cooperated Avith
the utmost good feeling. Johnson was a Kentuckian,
and not over fond of the anti-slavery policy of the gov
ernment. He was, however, a patriotic man and was for
the Union. Davis was an Indiana copperhead, as I
often told him, but he was a soldier. He loved his
country and honored its flag. One day on the Atlanta
campaign I said to him, "Davis, your friends are attack
ing your pickets." He answered, "My friends will find
they have a d — d hard job before them." He was one
of the bravest of the brave.

IN COMMAND OF THE 14TH ARMY CORPS. 199
Baird, who is now living, had belonged to the depart
ment of the adjutant-general before the war. He did
not like my assignment to the corps, and I had much
trouble with him ; so that one day I called upon General
Thomas and asked him to relieve Baird, and give me a
division commander "who will not criticise and quibble
over my orders." Thomas said, "Well, general, wait
until we have a battle, then if you want Baird relieved,
I will do it." We entered upon the Atlanta campaign
and fought several battles ; Thomas said to me one day,
"How about relieving Baird?" I answered, "No, Baird
is a fighter — he devils the Rebs more than he ever did
me." General Baird is now retired, but I had no more
gallant officer, and we became very warm friends.
After my assignment to the 14th Army Corps I remained
in Chattanooga devoting all my time to my duties. I
may as well confess here, that Avhen I resigned my com
mission in the army I was indignant at the manner in
which Rosecrans was treated ; no braver man ever lived.
I felt that Crittenden was badly treated ; my own division
of his corps had fought at Chickamauga and repulsed
the desperate charges of the enemy and held its ground.
Wood was merely unfortunate ; he had attempted to
obey an order Avhich was dictated by ignorance of the
situation. After the Rebel flood had passed through the
place he had left open by his attempt to move to his left,
he had done all that was possible to defend his position ;
the order breaking up the 21st Corps was a cruel one.
I therefore regarded the refusal of the war department
to accept my resignation and the assignment to the com
mand of the 14th Corps as a vindication of the conduct
of the 21st Corps on the battlefield of Chickamauga.
About February 21, 1864, I was ordered by General
Thomas to make a heavy reconnoissance upon Ringgold
and Dalton, where General Joe Johnston's headquarters
were. About that time, General Sherman was engaged
in an enterprise against Meridian, Mississippi, and Gen
eral Thomas supposed that as the Rebels held interior

200 THE STORY OF AN EARNEST LIFE.
lines and the railroad, Johnston would send some of his
troops to reinforce the troops who were resisting Sher
man's advance. On February 22d, I marched from
Chattanooga, and in the morning reached Ringgold,
Georgia, where my troops encamped for the night. On
the 23d, we marched to Tunnel HiU and engaged the
enemy with my skirmishers, and after driving them be
fore us through the village of Tunnel Hill, I fell back to
Ringgold. That evening I signaled General Thomas that if he
would order the troops at Cleveland to move down the
railroad, I would look into Dalton.
I was notified on the 24th that Cruft's division and
Long's cavalry would proceed down the road to my left,
and would be in position on the morning of the 25th.
On the morning of February 25th, I took Baird's divi
sion of about thirty-five hundred men and moved off to
the left, across the mountain north of Buzzard Roost
Gap, leaving Johnson and Davis to attack the gap.
After crossing the spur of the mountain, I reached a
valley which I descended to the right until we struck
the enemy in force. In the meantime, Cruft's infantry
were upon my left and Long's cavalry upon the extreme
left. We drove the enemy back until we became satisfied
that Johnston's men in Dalton were aroused.
Johnston, who had detached Hardee's corps to assist
the forces who were fighting Sherman, recalled it. Be
fore the reconnoissance ended, we captured some of the
men who had been sent to Mississippi.
In the meantime, "General Thomas had come up, and
as the object of the reconnoissance was accomplished,
we fell back to Lee's house at a distance of about four
mUes and camped there that night. On the next day,
we returned to Tunnel Hill in order to cover the with
drawal of Johnson's and Davis's divisions, which were
still at Buzzard's Roost Gap, where they had had some
lively work and suffered some loss. Joe Johnston, then
in command of the Rebel forces in and around Dalton,

IN COMMAND OF THE 14TH ARMY CORPS. 201
was deceived by our reconnoissance, and probably sup
posed that our demonstration was an advance of the
whole army ; at all events he behaved with his usual
caution. I posted Baird's division north of Tunnel Hill,
and at night withdrew the divisions of Johnson and
Davis without difficulty. Here occurred one of those
vexatious circumstances which it was impossible to fore
see or prevent. It was intended to withdraw our troops
after dark with the utmost silence and secrecy, but when
they were moving off, I was astounded by the blaze of
some of the wooden houses in Tunnel Hill, that lighted
up the valley and surrounding hills and disclosed the
whole movement. The burning of the houses at any
time would have been an act of vandalism, but nothing
then could have been more foolish. Johnston did not
take advantage of the opportunity, so that nothing came
of it, and our troops retired to their stations, where we
remained until May 1, 1864, when the army commenced
what is now known as the "Atlanta Campaign."

202 THE STORY OF AN EARNEST LIFE.

CHAPTER XVII.
Beginning of the Atlanta campaign — Johnston abandons Resaca — Move
ments of the 14th Army Corps — Assault on Kenesaw mountain —
Enter Marietta — Battle of Peach Tree Creek — Correspondence — Re
lieved of command of the 14th Army Corps.
The Union forces which commenced the Atlanta cam
paign were the Army of the Cumberland, commanded
by Major-General George H. Thomas, the Army of the
Ohio, by Major-General John M. Scofield, and the Army
of the Tennessee, which came up on the right of the
Army of the Cumberland, which was under the com
mand of Major-General James B. McPherson. The
cavalry, except the escorts of the commanding officers,
constituted a separate corps, and moved under the orders
of the general-in-chief.
The artillery was attached to the different divisions,
and remained so until the close of the war. General
William T. Sherman commanded the whole army ; I
had command of the 14th Corps ; General John A.
Logan, the 15th ; General Frank P. Blair commanded
the 17th Corps, which joined the army about the
twentieth of June, and the 20th Corps was commanded
by General Joseph Hooker.
The Army of the Ohio was composed of a single corps,
but I do not recollect its number. On May 5, 1864, the
14th Corps left Ringgold, Georgia, where it was con
centrated and advanced to the heights which overlooked
Tunnell Hill, and after a sharp skirmish drove the
enemy into Buzzard Roost Gap. I recollect a remark
able circumstance which took place while we were on
the heights. Lieutenant John E. Shaw, of my escort,
saw the flash of a gun, and dropped ; the solid shot
struck a tree over him, but would have gone through
him had he not seen the flash. We passed through

BATTLE OF PEACH TREE CREEK. 203
Tunnell Hill and skirmished with the enemy in front of
the gap for a day or two, and then moved south to Snake
Creek Gap, and pressing through it Ave moved due east
by the compass until we struck the Rebel forces. John
ston, aware that his rear Avas threatened, evacuated
Dalton, on the 11th, and fell back to Resaca upon the
Costanaula river. We fought here a fierce and bloody
battle, in which Johnston's division took a distinguished
part; and Avhen Johnston, the Rebel commander, aban
doned Resaca and the line of the Costanaula we pursued
in the direction of Calhoun and Kingston. Davis, of
the 14th Corps, had orders to proceed to our right and
take and occupy Rome, which he did, after driving out
the Rebel forces Avho occupied the place before him.
Between Calhoun and Kingston, as I now remember
it, we reached one of the most beautiful places which are
found in that part of Georgia. The house was a
frame building of large extent, surrounded with veran
das. Some of the Rebel rear guard took possession of
the house and fired upon us. I called upon Captain
Dilger — the "Leather Breeches" of the Army of the
Cumberland — and directed him to put a few shells into
it ; he did so, and soon the building was in flames. The
men who rushed forward to sack the house brought out
of it expensive books, bric-a-brac and choice wines
which the owner had not removed to a place of safety ;
nothing gave me greater pain than the destruction of
this beautiful home. After marching a short distance,
we reached one of the streams in that part of Georgia
over which had been a railroad bridge, which the Rebels
destroyed, but still held its site Avith much tenacity. It
required an hour or more to drive them away, but
when I returned to the north side of the creek our bridge
party had the timbers ready for a new bridge. I
marched afterwards not more than two miles, and be
fore my men had made their arrangements to go into
camp, we heard the whistle of the engine, and twenty
cars loaded with supplies were with us. I have been

204 THE STORY OF AN EARNEST LIFE.
told that Jefferson Davis, who no doubt calculated all
the chances, said at a dinner party given in Washington
before the war, that history afforded no example of the
success of the invasion of a country situated as the
Southern States then were ; he spoke of the sparseness
of the population of the Southern States ; the scarcity
of the supplies for an army, and of the ease with which
all supplies could be destroyed ; but he overlooked the
railroads and their enormous capacity for transporta
tion. We guarded the railroad until the warehouses at
Chattanooga were filled, and then only took care of
those in the rear of the enemy.
After the fall of Atlanta, the shell of the rebellion was
broken, and then Sherman's army was able to live upon
the country in its "march to the sea." The 14th
Army Corps, which was the center of the army, moved
along the railroads. It took part in the battle of Re
saca, and was ready for service at Kingston, Georgia. It
moved to the left of Kingston, and was ready for battle
when the enemy made some demonstration.
After remaining in camp near Kingston for a day or
two the corps crossed the river and passed Statesville,
and took part in the movement to the left of the enemy's
position. The corps appeared in front of Pine Mountain,
where General Polk was killed by the gun of one of our
batteries, and then moved to the left. It fought the bat
tle of Picket's Mill, after it had crossed the Etowah
river, and afterwards advanced until it fronted Kenesaw
mountain. This mountain covers the approaches to the
town of Marietta, and delayed the army for several
days. On the day after our arrival in front of this strong
position, General Sherman ordered the 14th and 15th
Corps to carry it by assault. The western front of this
mountain was so steep that men could hardly ascend
it with their accouterments. I ordered the assault,
which was conducted by able, fighting officers, but soon

BATTLE OF PEACH TREE CREEK. 205
discovered that it was impregnable, and I ordered my
men to "lie doAvn."
I then rode to where General Logan was, and told him
that the mountain could not be carried. He said that
his "corps could go further than any live men." Gen
eral Sherman told me the next day that the "Army of
Tennessee had gone more than a hundred yards further
than my men had gone." I answered him by saying
that I had "a hundred men more than I would have had
if I had gone as far as Logan did ; that Ave had all failed,
and that I had no man who Avas not as good as he was,
except that his pay was less." There is no doubt, how
ever, that General Sherman thought General Thomas Avas
partial to the 14th Corps, which he had so long com
manded. The morning before the assault on Kenesaw (the troops
included Harker's brigade, of the 4th Corps, and
McCook's, of the 14th) , I had, in company Avith
"Johnny" White, an orderly who usually attended me,
reconnoitered the Rebel position, until I had attracted
their fire, and reported to General Sherman that this
whole army could not carry the position of the Rebels.
He repeated, that Joe Johnston must not consider any
part of his line safe, and ordered the assault.
I rode with the assaulting column until I met Colonel
McCook and Colonel Harmon, the first desperately
wounded, and the latter dead, with a bullet through his
heart, and I knew then, as I had told General Sherman
before, that the assault upon Kenesaw Mountain would
not be successful.
On June 27, 1864, Colonel Dilworth had succeeded to
the command of the brigade, upon the death of Colonel
Harmon, and had effected lodgment not more than sixty
feet from the Rebel works, and on July 2d, the Rebels
abandoned their works, as described by General Sher
man, who, in giving an account of the attack on Kene
saw, says :
"An army, to be efficient, must not settle down to a

206 THE STORY OF AN EARNEST LIFE.
simple mode of offense, but must be prepared to execute
any plan that promises success. I wanted, therefore,
for the moral effect, to make a successful assault against
the enemy, behind his breastworks, and resolved to at
tempt it at that point where success would give the largest
fruits of victory. The general point selected was the
left center, because if I could thrust a strong head of
column through that point, by pushing it boldly and
rapidly two and one-half miles, it Avould reach the rail
road below Marietta, cut off the enemy's line and cen
ter from its line of retreat, and then, by turning on
either part of it, could be overwhelmed and destroyed.
Therefore, on June 24th, I ordered that an assault
should be made at two points south of Kenesaw, on the
27th, giving three days' notice for preparation and re
connoissance, one to be made near Little KenesaAV, by
General McPherson's troops, and the other about a mile
further south by General Thomas's troops. The hour
was fixed, and all the details given in 'Field Orders No.
28, of June 24th.' On June 27th, the two assaults were
made at the time and in the manner prescribed, and
both failed, costing us many valuable lives, among them
those of General Harker and General McCook ; Colonel
Rice and others badly wounded.
"Our aggregate loss was about three thousand, while
we inflicted comparatively little loss to the enemy, who
lay behind his well-formed breastworks. Failure as it
Avas, and for which I assumed the entire responsibility, I
yet claim it produced good fruits, as it demonstrated to
General Johnston that I would assault, and that boldly.
It would not do to rest long under the influence of mis
take or failure, and, accordingly, General Schofield was
working strongly on the enemy's left. . . . General
McPherson commenced his movements on the night of
July 2d, and the effect was instantaneous. The next
morning Kenesaw was abandoned, and I saw our skir
mishers appear on the mountain top. General Thomas's
whole line was there, moved forward to the railroad and

BATTLE OF PEACH TREE CREEK. 207
turned south in pursuit of the enemy towards the Chat
tahoochee." On our advance to Marietta, finding the streets blocked
by Hooker's corps, I determined to proceed to the right
and find a road to the ferry on the Chattahoochee river. I
went and found a road, with the corps, but, with a single
orderly, I proceeded for a quarter of a mile or more from
the road that led north and south, and met two Rebel
soldiers with muskets in their hands. We drew our
pistols and rode at full speed toward them, and ordered
them to "throw down their guns." They did so, and I
ordered White to "break their muskets and to send them
to the rear."
They were probably deserters, and had no particular
objection to the rations of the Yankees. With the corps
I proceeded on the road I had discovered to Smyrna sta
tion, where we met the enemy again, and succeeded in
driving them across the Chattahoochee river.
On July 18, 1864, I learned by an Atlanta newspaper
that General Joseph E. Johnston had been relieved of
the command of the Rebel armies of the West by Gen
eral John B. Hood. I had crossed Dilworth's brigade
over Peach Tree Creek, which enters the Chattahoochee
at no great distance below our position, and had found
some difficulty in supporting him. I had coUected bat
teries on the north side of the creek to cover Dilworth's
crossing, but soon discovered that the shells fired by the
batteries were altogether insufficient protection for his
men. My troops were attacked soon after crossing Peach
Tree Creek, and I found at least one-fourth of my shells
either short of the Rebel lines or among our own troops.
I spoke to Captain Barnet, who commanded one of our
batteries, and he said it was "contract ammunition."
Many of the shells burst at the mouth of the piece, and
others exploded within thirty yards. I "damned" the
contractor who had furnished the shells ; but Dilworth
effected a lodgment on the south side of the creek, and
proceeded to fortify his position. After Dilworth had

208 THE STORY OF AN EARNEST LIFE.
crossed, I rode back and met Colonel McKay, quarter
master of the corps, and, after he had inquired the news,
I told him that Joe Johnston had been relieved on that
day by Hood. He answered : "General, you '11 have to
fight ; I was acquainted with Hood at San Antonio, and
I saw him bet two thousand dollars without a pair in his
hand!" R. W. Johnson, in his "Reminiscences," says
it was "one thousand" that McKay told me. At all
events, I became satisfied that Hood was a desperate,
adventurous man, and in the command of the army he
would fight.
It was near sundown when I met McKay, and I or
dered the troops to cross the creek, build bridges for the
artillery, and fortify themselves. I do not say that Mc
Kay's suggestions inspired me with the conviction that
Hood was a reckless man, but I concluded that the
Rebel forces would be turned loose on my single bri
gade. An amusing circumstance occurred during the night.
It was not far from midnight, when a company was en
gaged in fatigue duty, building an artillery bridge across
Peach Tree Creek, that I came along with but one or
derly, and heard the men who were at work discussing
me. "There he is," said one, "asleep on his cot; you
can hear him snore for a quarter of a mile." After
some other conversation, equally complimentary, one of
them said : "Old Abe will have to make another general
after the next battle." Recollecting that listeners never
heard anything good of themselves, I thought the time
had come to speak, and said: "Hurrah, boys, you'll
need these guns over the creek before noon to-morrow ! ' '
The next day the same company shouted for me as I
rode along the lines. I told them they did not know all
that I did.
A few days before we crossed the Chattahoochee, and
while skirmishing actively, I had seen men of this regi
ment as observant of the reports of the "firing line," to
use a modern expression, as any of the officers could be.

BATTLE OF PEACH TREE CREEK. 209
They were engaged in the ordinary morning avocations,
their guns stacked as usual, but it was manifest that
they were keenly alive to the situation. They would
approach the stacks, stand a moment, notice the volume
of the reports, and go back satisfied that our pickets
were holding their own, and that their assistance was
not necessary. I made up my mind that most of them
were fitted to command regiments.
The next day followed the battle of Peach Tree Creek.
I heard on my right a noisy demonstration, which I
knew was nothing more than a demonstration, and I
rode at full speed to my left, and found that Hood had
attacked that point, broken the lines of our forces and
was repulsed by King's brigade which covered John
son's extreme left wing, which was in the air. The
enemy were repulsed by Baird's division and Dilger's
battery, which enfiladed the Rebel attack. I lost but
few men.
On July 21st, we steadily pressed forward along our
whole line, developing the enemy in his intrenchments,
extending from a point about a mile south of the Atlanta
Railroad around the north side of the city to the Chat
tanooga Railroad. We continued our operations before
Atlanta until August 4th, when I received an order
from General Thomas to support General Schofield's
corps (23d) , and made one movement to the west of
Atlanta, where General Baird captured the rifle-pits of
the enemy and a good many prisoners.
On August 4, 1864, I addressed the following note to
General Thomas :
"I have no orders to-day from any quarter. The or
ders of the day imply cooperation with General Schofield.
General Schofield has shown me a copy.
"John M. Palmer, Major-General."
On the same day, I addressed another note to General
Thomas :
14

210 THE STORY OF AN EARNEST LIFE.
"Major-General George H. Thomas, Army of the
Cumberland — The orders seem to be intended to give
General Schofield control over my troops. Shall I turn
them over to him. "John M. Palmer, Major-General."
On the same day, I received the following :
"Headquarters Military Div. op the Miss.,
"In the Field near Atlanta, Ga., Aug. 4, 1864-.
"General Palmer — I was under the impression that
General Schofield ranked you. I had not thought of the
relative rank. Cooperate heartily and the same result
will be obtained. I will see you this afternoon. I as
sure you that I have no disposition to qualify your true
rank. (Signed,) W. T. Sherman,
' ' Major- General Commanding . ' '
After this letter, the following correspondence took
place : "Headquarters 14th Army Corps,
"August 4, 1864.
"Major-General Sherman — I am General Schofield's
senior. We may cooperate, but I respectfully decline
to report to or take orders from him.
"Respectfully, "John M. Palmer, Major-General."
"Headquarters Army op Ohio,
"Bepore Atlanta, Ga., Aug. 4, 3 v. m., 1864.
"Maj.-Gen. John M. Palmer, Commanding 14th A. C. :
"General — I have just received your communication
of 11 A. m. to-day, and beg leave to correct your im
pression that you are my senior, which you give as your
reason for refusing to obey my orders, and that of Gen
eral Sherman directing you to report to me. You are
my junior for two reasons: First, because I have the
senior commission ; and second, because I am, by the
president's order, commander of a separate army. I

BATTLE OF PEACH TREE CREEK. 211
regret extremely that any misunderstanding exists on
this subject. "Very respectfully, your obedient servant,
'J. M. Schopield, Major-General Commanding.

II-

"Headquarters Military Div. op the Miss.,
"In Field near Atlanta, Ga., Aug. 4, 1864, 10:45 p. m.
"General Palmer — From the statements made by
yourself and General Schofield to-day, my decision is,
that he ranks you as major-general, being of same date
of commission by previous rank as brigadier-general.
The movements for to-morrow are so important that the
orders of the superior on that flank must be regarded as
military orders, and not in the nature of cooperation. I
did hope that there was no necessity of making the de
cision, but it is better for all parties interested that no
question of rank should occur during active battle. The
Sandtown road and railroad if possible must be gained
to-morrow if it costs half your command. I regard the
loss of time this afternoon as equal to the loss of two
thousand men. (Signed,) W.T.Sherman,
' ' Major- General Commanding . ' '
"Headquarters 14th A. C, Dpt. op the Cumberland,
"In the Field, Aug. 4, 1864, 11:55 p. m.
Major-General W. T. Sherman — Dispatch of 10:45
of this p. m. this moment received. I am unable to
acquiesce in the correctness of the decision that Major-
General Schofield legally ranks me. I do not argue the
question but repeat the facts. General Schofield was
appointed brigadier-general on the 21st of November,
1861, and I was appointed to the same on the 20th De
cember of the same year.
"At the session of congress, 1862-3, General Schofield
and myself were promoted to the rank of major-general
of volunteers ; my appointment was confirmed by the
senate and his expired by constitutional limitation, not
having been confirmed by the senate ; his name there-

212 THE STORY OF AN EARNEST LIFE.
fore does not appear in the list of major-generals in the
Army Register of April 1, 1863. He was reappointed
by the president and confirmed since the commencement
of the present campaign. His commission must be a
year in date junior to my own, though he is said to take
rank from the 29th November, 1862.
"The question of rank has arisen by accident, and I
agree with you that it is better for the interest of all
parties that it should be decided, but I cannot acquiesce
in the correctness of the decision made. I respectfully
ask, therefore, that some officer be designated to whom
I may turn over the command of the 14th Army Corps..
"I think I need not assure you that I am not influenced
by any desire to command him, nor that if I deem it
consistent with my self respect to waive the question
or my views of our relative rank, I would obey his
orders as cheerfully as I would those of any gentleman
connected with the army.
"I am very respectfully,
"John M. Palmer, Major-General."
"Headquarters Army op the Ohio,
"Before Atlanta, Ga., Aug. 4, 1864-
Brig.-Gen. R. W. Johnson, Commanding 14th A. C.
General — Major-General Schofield directs me to for
ward you the inclosed S. F. O. No. 71 c. s. from these
headquarters, for to-morrow's movements of the 14th
and 23d Army Corps. The order is sent to you as the
senior and commanding general of the 14th Army Corps,
as Major-General Palmer still adheres to the views he
expressed yesterday.
"In order to prevent any delay Generals Baird and
Morgan have been furnished with copies of the inclosed
orders direct from these headquarters.
"Very respectfully, your obedient servant,
"J. A. Campbell, Major and A. A. G."

BATTLE OF PEACH TREE CREEK. 213
"Headquarters Army op the Ohio,
"9 : 20 p. m., August 4, 1864.
"Major-General Sherman — I have your dispatch
directing me to order certain movements by General
Palmer's corps. I did not understand that the ques
tion of rank raised by General Palmer was settled. In
his reply to my orders for to-day's movements and your
order to report to me, he said, "I will not obey either
General Sherman's or your's." The reason being his
assumed seniority. In subsequent conversation he still
maintained the same ground, and I did not understand
him to yield or you to decide the question after you ar
rived, but to waive it with the remark that no such
question could arise between such men, and that we
could cooperate harmoniously. I feel confident that
General Palmer understands the question as having been
so waived. Please inform me if you gave General
Palmer distinctly to understand that he is to obey my
orders. Please have it understood before I send him
orders for to-morrow. It is a very delicate and un
pleasant matter for me to correspond with him about.
J. M. Schopield, Major-General."
"Headquarters Mil. Div. op the Miss.,
'In the Field near Atlanta, Ga., Aug, 4, 1864-
"General Thomas — Nothing was done on the right.
General Palmer's troops seemed immovable, but I have
ordered operations to be resumed in the morning and to
be continued until we get possession of the Sandtown
road. W. T. Sherman, Major-General Commanding."
"Headquarters Mil. Div. op the Miss.,
"In the Field near Atlanta, Ga., Aug. 4, 1864-
General Schofield — That is very well as to your
left. But I want to assume the offensive on the right,
and wish you to order General Palmer to advance his
left division till he reaches the Sandtown road, and its
right supported by General Davis's division. General

214 THE STORY OF AN EARNEST LIFE.
Johnson's division should reach the Sandtown road
more to the right and close to the left on General Davis.
The connection between you and General Howard is not
important. Slash down the timber in the valley of
Utoy, and a single battery with a regiment of skirmishers
will hold a mile against the whole of Hood's army. I
want all of your army and General Palmer's corps to
turn the enemy's left, and the sooner it is done the
better. I wish you to make written orders so that Gen
eral Palmer and Baird cannot mistake them. Their
delay this afternoon was unpardonable. If the enemy
ever gets a column through our lines, we will let go our
breastworks and turn on his flanks, and therefore I
don't care about our line being continuous and uni
form . If they sally it will be quick and by some defined
road. W. T. Sherman, Major-General Commanding."
"Headquarters Dep't op the Cumberland,
"August 4., 1864 •
"Major-General Sherman — I am surprised to receive
such a report of the 14th Corps, for it has always been
prompt in executing any work given to it heretofore.
If General Palmer is an obstacle to its efficiency I would
let him go. Geo. H. Thomas, Major-General."
"Headquarters Army op the Ohio,
"Near Atlanta, Ga., Aug. 5, 7 : 25 a. m., I864.
"Maj.-Gen. W. T. Sherman, Com'd'g Mil.Div. of the Miss.
General — General Palmer has this moment informed
me of your refusal to relieve him, and his final decision
to go on the field and carry out my orders. He is now
starting. I have been trying nearly all night to get
things in working shape, but with very little progress.
I hope now to get started. Johnson reached the Sand
town road last night and Morgan's skirmishers are on
it this morning. He reports a strong resistance. I will
do all in my power to press the attack.

BATTLE OF PEACH TREE CREEK. 215
Davis is not here, and if he were Johnson is his
senior. Very respectfully, your obedient servant,
J. M. Schofield, Major-General Commanding."
"Headquarters op the Ohio,
"Field, 11 a. m., August 5, 1864-
"Major-General Sherman — Palmer is developing
his troops along the enemy's line, which is found to be
very strong. As soon as Palmer gets two divisions in
position, Johnson will make a rapid detour to the right
and try to strike the enemy in the flank or a point of
his line which is not held in force. Cox will take John
son's place as reserve on the right, and if Johnson fails,
Cox will assault immediately. This movement is to be
made at two o'clock. I think we are progressing pretty
well, though slowly, and have captured about two hun
dred prisoners. General Howard asks me to inform
you that his signal officer reports that a large column
of cavalry is passing into Atlanta from the enemy's left,
probably one brigade. "J. M. Schofield, Major-General."
"Headquarters Army of the Ohio,
"In the Field, Georgia, August 5, 1864.
"Major-General J. M. Palmer, Com'g 14th A. C. —
Please permit me to assure you that I have not had the
slightest apprehension as to your sincere intention to
carry out General Sherman's orders. My request was
based upon the information that General Baird had not
been notified of the arrangement for the day, and my
apprehension that you might not think to notify him.
I simply desire to avoid misapprehension and conse
quent mistakes.
"Very, respectfully, your obedient servant,
"J. M. Schofield, Major-General Commanding."

216 the story of an earnest life.
"Headquarters Mil. Div. op the Miss.,
"In the Field near Atlanta, Ga., Aug. 5th.
"General Thomas — Colonel Warner, one of my in
spector-generals, who was on the right all day, reports
nothing done or would be done.
"Will General Johnson be any better than General
Palmer? I would prefer to move a rock than to move
that corps. On the defensive, it would be splendid ;
but for offensive, it is of no use. It must have a head
that will give it life and impulse. I was ashamed yes
terday and kept away on purpose to-day to see if orders
would not move it, but if an enemy can be seen by a
spy-glass, the whole corps is halted and intrenched for
a siege. Unless it will attack, I must relieve it in or
ders and state the reason. I will call for official reports
and act to-night. Is General Johnson capable of hand
ling the corps until we can have General Davis com
missioned and ordered to the command.
" (Signed,) W. T. Sherman, Maj.-Gen. Comd'g."
"Headquarters Dept. of the Cumberland,
"August 5, 1864.
"Major-General Sherman — I am surprised to re
ceive such a report of the 14th Corps, for it has always
been prompt in executing the work given to it hereto
fore. If General Palmer is an obstacle to its efficiency,
I would let him go. I had the 4th and 20th Corps
demonstrate strongly on the enemy's line from 12 m.
until night. They found the intrenchments heavily
manned. I will have the skirmishers feel forward again
to-night to see if the enemy have left. The 4th and
20th Corps now occupy the whole line held by the 23d,
4th, 20th and 14th Corps before the movement on the
right commenced, consequently they are in a single line,
and it will be impossible to form an assaulting column.
I send Whipple to the right to-day. He has just re
turned, and informs me that all that was done to-day
on the right was done by Baird's division, which ad-

BATTLE OF PEACH TREE CREEK. 217
vanced in obedience to Schofield's orders, but, not being
supported either on the right or left, General Baird fell
back to his former position after having driven the enemy
from two lines of rifle-pits and capturing one hundred
and sixty prisoners, losing about one hundred men
himself. "Geo. H. Thomas, Major-Gen. U. S. V- Comd'g."
"Headquarters Military Div. op the Miss.,
"In the Field near Atlanta, Ga., Aug. 5, 1864-
"General Thomas — General Schofield telegraphs:
I am compeUed to acknowledge that I have totally failed
to make any aggressive movement with the 14th Corps.
The efforts yesterday and to-day on this flank have been
worse than mere failures. I have ordered General
Johnson to relieve General Haskell this evening, and
propose to take my own troops to the right and try and
recover Avhat has been lost by two days' delay. The
force may very likely be too small. From what I saw
myself there was a manifest determination not to move
towards the enemy. General Davis's division is a mile
further west than when it started. I see no help for it
but to lose the services of the corps and let General
Schofield feel for the enemy eastward, whilst the 14th
entrenches against a squad of cavalry that may be on the
flank. Colonel Warner of my staff rode out half a mile
in front of the extreme front and saw no sign of an
enemy. I will have General Palmer report in the morn
ing, and if he wishes to go — it is best he should.
"(Signed,) W. T. Sherman, Major-General Com'dg."
"Headquarters 14th A. C, Dpt. of the Cumberland,
"In the Field, Aug. 5, 1864.
"General — I am very greatly obliged to you for your
expressions of kindness, but regret exceedingly that you
decline to accede to my request to be relieved. I have
joined General Schofield with a larger force than his
own. I have seen much more service in the face of the

218 THE STORY OF AN EARNEST LIFE.
enemy ; I hold a commission much older in fact,
whatever may be the form, and this question of rank,
raised not by me, is so decided that I lose all practical
control over my corps, that too at a time of great prob
able difficulty. As you have declined to relieve me, I
go of course to the field, and will do what I can to give
success to the operations of the day, but I urge that you
will reconsider your refusal to relieve me, and permit
me at the close of the day to turn this command over to
Brigadier-General Johnson, who is the senior brigadier-
general in the corps. I am, very respectfully,
"John M. Palmer, Major-General Commanding.
"Major-General W. T. Sherman, Comd'g., etc.
"Headquarters Military Div. of the Miss.
"In the Field near Atlanta, Ga., Aug. 5, 1864.
"General Palmer — I would like to have you come
and see me as early in the morning as convenient. If
you think of resigning, it is probably better it should be
now, as I fear your intention lessens your interest in our
operations. Should you agree with me in this, turn over
the command to General Johnson, and then you can as
sign as a reason anything you prefer. I would suggest
that you put it on the ground of a prior resolve as soon
as the campaign was over, and it having settled down
into a quasi siege, you request now to be relieved and to
be permitted to go to Illinois, or if you prefer it, the
reason that you considered your rank superior to Gen
eral Schofield's.
"To be honest, I must say that the operations on that
flank yesterday and to-day have not been satisfactory,
yet I will not say there has been, want of energy or
skill, but events have not kept pace with my desires.
"(Signed,) W. T. Sherman, Major-General Comd'g."

BATTLE OF PEACH TREE CREEK. 219
"Headquarters of the 14th Army Corps,
"Department of the Cumberland, 10 : 05 p. m.,
"Before Atlanta, Ga., August 5, 1864-
"Gen. W. T. Sherman, Major-General Commanding —
I confess my surprise at the contents of your telegraphic
note this moment received.
"Waiving any statement of what were my purposes
and intentions in respect to quitting the service, I will
frankly say that, if I were in your place at the head of
an army, I would require of my subordinates the faith
ful and energetic performance of their respective duties,
and, if my plans failed of execution, I would ascertain
the cause and punish the delinquent rigorously, as no
man is to be regarded Avhen contrasted with the great
cause of the country.
"I am not surprised that you are dissatisfied with the
operations of the army on this flank on yesterday and
to-day, for I am also dissatisfied, and think much more
ought to have been done, and readily confess myself in
some measures responsible.
"Still, I do earnestly protest against your inference of
want of interest in our operations. On yesterday you
were present, and I will not speak of what I said or did.
To-day I exerted myself more, I think, than any officer
on the field, to carry out General Schofield's orders, until
the afternoon, near night, I found, aside from Baird's
handsome operations in the forenoon, nothing would be
accomplished. "I am to blame, however, in this, that I have not done
as you obviously intend doing in my case — held some
one responsible for the failures. I think I could select
the proper objects of responsibility more accurately than
you have done in selecting me. I am so well convinced
that this campaign has been lengthened out by the neg
ligence and inattention of officers, and will be hereafter
lengthened and drawn out from the same cause, and I
accept your intimation to me, not as offensive (though,
I think unjust) , but as a sign of a purpose on your part

220 THE STORY OF AN EARNEST LIFE.
in future to inquire into the causes of our almost daily
failures to meet your avowed expectations, and, when
the cause is discovered, to apply the correction.
"If you will do this fairly, without favor or affection,
I will venture my life that you will be astonished at the
result. "I will accept your offer to relieve me, not upon the
ground that your suspicion of a want of interest is well
founded, nor that I am in any way, other than the man
ner already admitted, responsible to the country for this
campaign ; every subordinate officer employed ought,
upon the first intimation from you of a want of confi
dence, step out of the way promptly, and feel that he is
serving the country in doing so.
"Pardon this long letter. I will call upon you to
morrow morning, and present a formal application to be
relieved. Respectfully, "John M. Palmer, Major-General."
"Headquarters Department of the Cumberland,
"Near Atlanta, Ga., August 6, 1864-
"Special Field Orders, No. 215 (Extract). . . .
"III. At his own request, Major-General J. M. Palmer
is relieved from the command of the 14th Army Corps,
on duty in the department of the Cumberland, and will
proceed to Carlinville, Illinois, whence he will report
by letter to the adjutant-general U. S. A., at Washing
ton, D. C.
"The officers composing the general's personal staff
are also relieved from duty, that they may accompany
him. "The quartermaster's department will furnish the
necessary transportation for the general, his staff and the
authorized number of servants and horses. . . .
"By command of Major-General Thomas.
"Wm. D. Whipple, A. A. G."
I had waived all question of rank with General Scho-

BATTLE OF PEACH TREE CREEK. 221
field, and submitted to his order. General Sherman
had said that cooperation was all that was necessary, and
I knew enough to know that a supporting force must
necessarily move under the orders of the force to be sup
ported. I had disclaimed all desire to command General
Schofield's troops. We had by the aid of the 14th
Army Corps accomplished all that was expected of us,
and when the dispatch of 10 :45 was received, I replied
that "I do not argue the question, but repeat the facts : •
General Schofield was appointed brigadier-general on
November 21, 1861, and I was appointed to the same on
December 20th of the same year. At the session of con
gress, 1862-3, General Schofield and myself were pro
moted to the rank of major-general of volunteers. My
appointment was confirmed by the senate, and his ex
pired by constitutional limitation, not having been con
firmed by the senate. He was reappointed by the presi
dent, and confirmed since the present campaign. . . .
The question of rank has arisen by accident, and I
agree with you that it is better for all parties that it
should be decided." I had been a major-general of vol
unteers ever since November 29, 1863, and even though
General Schofield was confirmed at a later date, he could
not take rank over those who were confirmed by the sen
ate. It was the idea of the regular army men that they
ranked all volunteer officers.
General W. D. Whipple says that I "kept my men at
work . ' '
After General Sherman wrote to me that I could not
' 'disregard the friendly advice of two such men as Gen
eral Thomas and myself," I wrote to General Sherman
that, "pending active operations, I request that my ap
plication to be relieved be regarded as withdrawn," but
when I received General Sherman's note suggesting ex
cuses for my resignation, I wrote the letter of 10 :45,
August 5, 1864, which ended my connection Avith the
Army of the Cumberland.

222 THE STORY OF AN EARNEST LIFE.

CHAPTER XVIII.
Remained in Hlinois until February — Letter to Mr. Lincoln — His re
ply — Entered again upon the practice of law — Tried for bringing
a negro slave into the state — Visited Washington for Governor
Oglesby — Result of my mission — Assigned to the command of the
Department of Kentucky — Conversation with Mr. Lincoln — As
sumed command of the department— Address to the legislature of
Kentucky — Correspondence — Orders.
When relieved from the command of the 14th Army
Corps, I returned to my home in Carlinville, Illinois. I
had been indicted by the grand jury of Macoupin county
for "bringing a negro slave, Martin Taylor," into the
State of Missouri. The indictment, which was found
at the December term, 1862, after many continuances,
had been stricken from the docket, "with leave to re
instate," and soon after my return, I determined that
it should be tried, and gave notice to the state's attorney
of the Eighteenth Judicial District that I was within
reach of the process of the Macoupin Circuit Court, and
would be so until the next term of said court, and re
quested that he would order the indictment and the cause
to be reinstated, that it might be made ready for trial
at the next term . I gave him further notice that should
he fail to do so, I would appear on the first day of that
term and move that said indictment be reinstated and
set for trial. This notice was given to the state's at
torney on September 12, 1864, and the indictment was
reinstated and set for trial, December 17, 1864. It is
curious now to notice the names of the jurors who were
selected and SAVorn to try the case. They Avere : S. M.
Brown, B. A. Holbrook, Wm. H. Van Arsdale, C. W.
Wayne, Wm. H. Richardson, Elmore Johnson, Wm. R.
Parkman, Milton Moore, H. C. Anderson, Wm. S. Bond,
W. G. Rice, and Daniel Barnes. Most of them are dead,
as is the foreman of the grand jury, Mr. Isham C.

IN COMMAND OF DEPARTMENT OF KENTUCKY. 223
Peebles, which "found" the bill. My brother lawyers
all offered to aid me in my defense, but I told them
that I would take liberties with the jury that no other
lawyer could take, and I only asked the assistance of
Samuel Pittman, Esq., who had been my partner before
the war.
In the statement of the case, I told the jury that
whether Martin Taylor was a slave or not, I did not know,
but that he did ; but, unfortunately, we had a statute
that prohibited a negro from testifying against a white
person. I told them that Martin Taylor was in town,
was an honest man, and would tell the truth, and that
such a law should be repealed. And I told the jury
further, that I would submit a petition to them which
was substantially as follows: "Whereas, we were im
paneled as a jury to try the case of the People of the
State of Illinois against John M. Palmer, charged with
bringing into the state a negro slave, by name, Martin
Taylor, and we were told that said Taylor is in the town
of Carlinville, is an honest man and worthy of belief,
but that he is a negro, and is not alloAved under the laAv
to testify against a white person ; we therefore pray the
general assembly to repeal the law which prohibits ne
groes from testifying against white persons." I proved
in addition that I had come home from the army very
sick, and that Taylor, with others, had brought me into
the state. Five of the jury signed the petition, and the
whole jury found me "not guilty." The judge, Hon.
E. Y. Rice, who had studied law with me, instructed
the jury that they must believe, beyond a reasonable
doubt, not only that Martin Taylor was a slave, but that
I had brought him into the state for the purpose of set
ting him free .
Having very little professional business, early in Feb
ruary, I visited Washington by the direction of Governor
Oglesby. His object was to get our quota of men un
der the pending draft reduced. It seems to have been
the plan of the war department to require each state to

224 THE STORY OF AN EARNEST LIFE.
furnish its proportion according to the population, for
the military service, and Illinois had furnished eighteen
thousand men more than its quota. General James B.
Fry was provost marshal at that time, and had charge
of the "draft." I called upon him in Washington and
announced my mission to be from the governor of Illi
nois, and entered upon a discussion of the subject of
my visit. With the figures furnished me by the gov
ernor and the adjutant-general of Illinois (General Isham
N. Haynie) , we made repeated calculations of the whole
number of men furnished by all the states, of the num
ber of each of the states, and of the number furnished by
Illinois, and after I had demonstrated by all known
methods of calculation that Illinois had sent more men
to the field than it ought to be charged with, and I had
lost my temper at General Fry's obstinate adherence to
his own estimates, and he had become excited, too, he
said, "The president has reviewed these figures and di
rected the call for the men upon Illinois." I said,
"General Fry, if you had told me that an hour ago, it
would have saved you and me from some wear and tear
of temper. I will speak to the president about the
matter." He wished me success, and I immediately went to the
"White House" and saw Mr. Lincoln, explained to him
that my errand was from Governor Oglesby to get our
quota corrected, when he stopped me by saying, "Palmer,
I can get more men easily in Illinois than some other
places. I directed the quota of Illinois myself, and I
must have the men, and neither you nor 'Dick' can
make a fuss about it I" I said no more, for I knew he
meant what he said.
I then said to him, "Mr. Lincoln, I wrote you a letter
last September, saying that 'I did not wish to be one of
your unemployed generals,' and you answered me on a
card, saying, 'When I want your resignation, I will tell
you.'-" He said, "I have a job for you now, the com
mand of the department of Kentucky." I replied, "I

IN COMMAND OF DEPARTMENT OF KENTUCKY. 225
have commanded troops in the field during my military
service, but I do'nt want to go to Kentucky and spend
my time quarreling with the politicians."
He said, "Go to Stanton and get your orders, and
come back here at nine o'clock to-morrow, and I'll tell
you who are our friends and what makes a change in
that command necessary."
When I returned in the morning, I saw several per
sons going in and out of his room, and became slightly
impatient, but when the colored doorkeeper came and
inquired for me, I entered the room and found him seated
in an office chair engaged in being shaved. He said,
"You are home-folks, and I must shave. I cannot do
so before senators and representatives who call upon me ;
but I thought I could do so before you."
We then commenced to talk of the affairs of Ken
tucky. I repeated what I had said the evening before
about my reluctance to go to Kentucky and quarrel with
the politicians, and he said, "Go to Kentucky, keep your
temper, do as you please, and I will sustain you."
Then occurred an incident which affords a key to Mr.
Lincoln's policy, and accounts for his successful conduct
of the civil war.
I was silent while the barber was shaving him about
the neck, but after he was through with that particular
part of his duties, I said : "Mr. Lincoln, if I had known at
Chicago that this great rebellion was to occur, I would not
have consented to go to a one-horse town like Springfield,
and take a one-horse lawyer, and make him president."
He pushed the barber from him, turned the chair, and
said in an excited manner : "Neither would I, Palmer.
If we had had a great man for the presidency, one who had
an inflexible policy and stuck to it, this rebellion would
have succeeded, and the Southern Confederacy would
have been established. All that I have done is, that I
have striven to do my duty to-day, with the hope that
when to-morrow comes, I will be ready for it !"
15

226 THE STORY OF AN EARNEST LIFE.
This was the last time I saAV Mr. Lincoln. He was
assassinated by John Wilkes Booth on April 14th fol
lowing. I saw his remains on May 3, 1865, when with
Governor Bramlette and others, I attended his funeral,
which occurred May 4, 1865, and the nation has erected
a monument to his memory which still stands at the
cemetery of Oak Ridge, at Springfield, Illinois.
My orders, which created the Department of Ken
tucky, and assigned me to its command, were dated
February 10th, but I did not assume the command of
the department until the 18th day of the same month.
On my arrival at Louisville, which was to be the head
quarters of the department, I proceeded to Frankfort
where the legislature was in session.
General Burbridge, who commanded the "District of
Kentucky," was a native of the state, and extremely
unpopular, as any native and resident of the state would
have been who had attempted to enforce martial law at
his home. He was charged with cruelty and favoritism.
He had a military prison at Lexington, in which Avere
confined deserters from the Federal army, guerrillas and
many others whose offenses consisted of speaking in op
position to the government of the United States. Soon
after the assumption of the command of the department,
I visited the prison in Lexington. The adjutant of the
post called the list of the prisoners, and read the charges
against them. I was particularly struck with the charges
against one of them, whose name I have unfortunately
forgotten. His age was stated to be sixty-eight years, and his oc
cupation to be that of a farmer, and I ordered him to be
produced. When he came before me I asked him his
name and age, and if he knew what were the charges
against him? He answered my questions as to his
name and age, and said, in respect to the charges : "I
am charged with cursing this d — d abolition govern
ment and your d — d abolition president." I said
to him : "Do you find you have hurt them by cursing

IN COMMAND OF DEPARTMENT OF KENTUCKY. 227
them?" he answered with another oath. I said to
him: "You can't stay here; you would spoil all the
prisoners ; get your baggage, and get a ticket for your
home from the adjutant." He was discharged and
Governor Robinson afterwards told me that he had met
my late prisoner on the street, and he said that "Palmer
was a Kentuckian, and a d — d clever fellow."
General Sherman had a prison for females at Louis
ville which cost me more trouble than any other matter
in the department. "Dr. Mary Walker" had applied
to me for an indorsement that she be placed on the staff
of the regular army, with the rank of captain, and I had
signed the indorsement, which was a recommendation.
She presented this indorsement to Mr. Stanton, the
secretary of war, and he indorsed on the application :
"As General Palmer seems to be struck on Dr. Mary
Walker, he is authorized to employ her as a contract
surgeon." When she returned, I assigned her to be the
"medical officer at the female prison." Soon after her
assignment she reported to me that the female prisoners
were allowing the officers and guards at the prison to
take improper liberties with them. She made the report
more than once, and finally said to me : "You are afraid
of them," which I confessed to be true, but at the
same time I determined to break up the prison and send
the women to their homes. Soon after Dr. Walker made
her last report I visited the prison and stated to the
prisoners present that after my accession to the com
mand of the department, I had assigned to them a
medical officer of their own sex, and had done every
thing possible for their comfort. Some of them an
swered : "That thing — "referring to Dr. Walker — "and
she is kin to him, look at his hair!" I then said:
"Ladies, I will break up this prison; get your things
and your tickets from the adjutant, and go home ; I
will no longer be troubled with you;" and then most
of them commenced crying, either for joy or vexa
tion. At all events the female prison was broken up.

228 THE STORY OF AN EARNEST LIFE.
On February 18, 1865, I addressed the legislature and
the citizens of Frankfort, at the capitol, the substance of
which address is as follows :
"The reason I desire to address the members of the
general assembly, and such of your citizens as have hon
ored me with their presence, is, that I wish to express
and make fully understood the object of my coming
among you. My life has been spent in the civil walks
of life. I entered the army with great reluctance.
Warfare was contrary to my habits and education, and
was repugnant to all my tastes. I only entered the mil
itary service in obedience to the convictions of duty, and
because I believed that all the people of all the states
were interested in the maintenance of the government.
I did not enter the military service on account of any
hatred towards our brethren of the far South, or of any
peculiar love for the people of the North, but because I
thought the interests of all, of South Carolina, Georgia,
and the whole of the Southern States, as well as those of
the Northern States, demanded that the destruction of
the government should not be allowed.
"In the course of affairs, I have been sent, by those
having authority over me, to the State of Kentucky. I
come feeling sensibly the difficulties and delicacy of the
position. In the field, the duties of the commander,
though onerous, and dangerous, are comparatively sim
ple — not so here. To the military duties are added
those of a semi-civil character, rendering the position
complex and most delicate. Your state is regarded by
the government and myself as loyal, and her people en
titled to the enjoyment of all private and public rights
and immunities of a loyal people. These rights are
threatened and obstructed by those who are the enemies,
not so much of government, in the abstract, as of the
general good order and quiet of the people — desperadoes
and marauders whose object is spoliation and plunder.
It is to protect you against these men that I am here,

IN COMMAND OF DEPARTMENT OF KENTUCKY. 229
and I hope and believe that I shall receive the hearty
support of all your people in this work.
"I cannot fail to observe from your public journals,
the proceedings of your legislature, and conversations
with your citizens, that you are divided into parties,
and that deep feeling and some degree of bitterness ex
ists between the parties. This is not surprising. Un
der the circumstances as they exist, and the mighty is
sues which are involved, it would be most remarkable if
it were not so. But whatever may be the differences as
to collateral and incidental questions involved, there is
one upon which there can be no difference — that of giv
ing protection to your people.
"The people ought to have the right, and the Federal
Government is pledged that they shall have the right,
to speak without restraint, and act freely upon all sub
jects connected with the general welfare ; and surely I,
a lover of law and order, will most cheerfully secure
every man in the enjoyment of all his personal rights.
I know I speak the sentiments of the federal administra
tion when I say that my views were known upon this
subject when I Avas sent here, and it was to carry them
into execution that I was sent. I hope you gentlemen
of the legislature, coming as you do from all parts of
the state, will aid me in carrying them out.
"I will not make any pledges ; indeed, I should feel
humiliated if I were to make any pledge as to what par
ticular thing I will do or will not do. Suffice it to say,
I come among you as a representative of the National
Government, and I feel that almost all depends upon
each and every one performing his own duties in his
own sphere. Let the citizen, the soldier, the officer, civil
or military, each attend to his own business, and all will
work well.
"I feel confident that we shall have no difficulty, that
the state and federal authorities will act in perfect har
mony and concert in the discharge of the various duties
before us. I thank you, most sincerely, for these mani-

230 THE STORY OF AN EARNEST LIFE.
festations of your kindness, and the honor you have
done me." . . ,
On February 24th, I reported to Mr. Stanton, the
secretary of war, that I had assumed the command
of the department on February 18, 1865, and that I
had visited Frankfort and conferred with Governor
Bramlette, and found him ready to cooperate with the
military forces of the United States. I said, "It was
easy to detect on the part of the governor a preference
or desire to raise state forces, but he did not urge it,
nor will he, as I think, persist in it if disagreeable to the
military authorities of the general government. He is
pressed by many men who desire to enter into such or
ganizations, and he feels the importance of giving pro
tection to the people. The Federal forces employed
heretofore in the state have not been relied on for the
latter object with absolute confidence, for they are fre
quently changed, the best regiments naturally going to
the front, and the least efficient remaining here, so far
as I can judge, to grow worse." I found on my arrival
in Kentucky that General Stoneman was withdrawing
the cavalry from the department, and I said, "The with-
drawal of the cavalry under the order referred to, leav
ing as it does many points in the state without pro
tection, gives force to the feelings of the governor.
. . . I think it highly important that this authority
should be granted ; the troops are needed ; the men can
be had, and, indeed, are eager to enter the service, es
pecially is this true of old soldiers who have been
honorably discharged after three years service and are
now unable to remain at their homes. They wish to
defend their homes and kill the miscreants who have
murdered many of their comrades since their return,
and I sympathize with the feeling. Let me beg the
attention of the war department to this point;" and I
added, "the colored troops in the state, as they are in
fantry, will soon be sufficient for all guard or other
local duty, and with the regiments proposed to be raised

IN COMMAND OF DEPARTMENT OF KENTUCKY. 231
will, in my judgment, be sufficient to establish and
maintain order in the department .
Mr. Lincoln had mentioned Dr. Robert J. Brecken
ridge as a prominent Union man, and one to be con
sulted about Kentucky affairs. Unfortunately the son
of Dr. Breckenridge, Colonel R. J. Breckenridge, was
arrested at Keene, in Jessamine Co., in rebel uniform,
and had possession of the following general order : "All
officers and men now in Kentucky upon military service
under authority other than that of the secretary of war
are required to report to Colonel R. J. Breckenridge,
whose orders they are commanded to obey. All who
have authority from the secretary of war, prior to April
4, 1864, or from these headquarters, whose time has
expired, will report to their respective commands or to
these headquarters. All who fail to obey this order
promptly will at once be reported to the existing au
thorities in Kentucky as not recognized by the Con
federate government as prisoners of war if captured.
By command of Major-General Breckenridge.
J. Stoddard Johnson, A. A. G.'
I was disposed to treat Colonel R. J. Breckenridge as
a spy, but Mr. Lincoln telegraphed me to send him to
Columbus, Ohio, as a prisoner of war. Still that cir
cumstance made it necessary that I should issue general
order No. 4 :
"Headquarters Dep't of Kentucky,
"Louisville, Ky., Feb. 25, 1865.
"Reliable evidence has reached these headquarters
that emissaries of the Rebel government are engaged
in recruiting for their exhausted armies in the State of
Kentucky. Appeals are again made to the young men
of the state to disregard their duty and risk their lives
and honor in a wicked and desperate cause, while men
who have deserted the Rebel service, and are now peace
ably at their homes, are required to rejoin their com-

232 THE STORY OF AN EARNEST LIFE.
mands and again encounter the perils of treason under
the threatened penalty of betrayal to the Federal au
thorities, Avho they are taught to believe will treat them
as outlaws and guerrillas. To counteract these efforts
to mislead the men who have in good faith deserted
the Rebel service, all deserters from the Rebel armies
now in this department will Avithin thirty days after
date report themselves to the provost marshal of the
county in which they reside for registry, and all persons
who may hereafter desert from the Rebel armies and
come into this department will within five days after
their arrival report themselves for the same purpose.
The provost marshal will receive the report of all persons
presenting themselves under this order and Avill register
the names, age, residence and particular military organi-
tions from which they have deserted. Such registry
will be regarded by the military authorities of this de
partment as a distinct renunciation of all further con
nection with the Rebel government, and as entitling the
registered person who demeans himself as a peaceable
citizen to military protection.
"Persons who refuse to present themselves for regis
try, as required by this order, will be understood as ad
hering to the Rebel government, and if captured will be
treated as spies, guerrillas or otherwise according to the
circumstances of the case."
The congress of the United States, on March 3, 1865,
had passed a law declaring that "the wives and children
of colored men who have heretofore enlisted, or who may
hereafter enlist in the military service of the United
States, are free."
On March 12, 1865, by order No. 10, 1 announced the
passage of this law to the colored people of the depart
ment. I said in the order, "This act of justice to the
soldiers, claims from them renewed efforts of courage,
fortitude and discipline, to gain a good name to be
shared by a free wife and children. To colored men not
in the army, it offers an opportunity to earn freedom for

IN COMMAND OF DEPARTMENT OF KENTUCKY. 233
themselves and their posterity. The rights secured to
colored soldiers under this law will, if necessary, be
enforced by the military authorities of this depart
ment." The fact is, that the passage of this act, enfranchising
the families of colored soldiers, called upon me for the
decision of a great many most interesting questions. It
must be remembered that there was no law in the State
of Kentucky regulating the marriage of slaves, nor the
relation of the parent and child. It may serve to illus
trate my dilemma when I relate an intervieAV between
Governor John L. Helm and myself.
Governor Helm reported to me that two of his negro
women, slaves, had married colored soldiers in camp at
Elizabethtown, and they claimed to be free on account
of the marriage. I said to him in reply, "You have no
law in the State of Kentucky which recognizes the mar
riage of slaves. I am compeUed by the act of congress
to hold that colored soldiers may have wives and chil
dren. Marriages existed before laws were made, and
children were the products of such marriages . ' ' Gov
ernor Helm told me that "both of these women had
husbands." I told him that I had no court with juris
diction to try such cases, and that I Avas compelled to
depend upon the mere fact that those persons recognized
each other as husband and wife. The law was greatly
abused by the colored people of Kentucky, and there is
no reason to doubt that polygamous alliances were very
often formed for the sake of freedom under this act of
congress. I had great trouble to prevent the oppression of the
colored people who were often sold to the government as
"substitutes," and the city of Louisville went into the
business of buying substitutes in order to meet the
"draft," and I was compelled to issue the following :
"General Order No. 5. Officers charged with recruit-
, ing colored troops are informed that the use of force or
menaces to compel the enlistment of colored men is

234 THE STORY OF AN EARNEST LIFE.
both unlawful and disgraceful. Several cases of this
kind have been reported to these headquarters, and are
under investigation. The able-bodied men of the state
are enrolled, and have the right to volunteer for the
service of the country. In this respect, there is no dif
ference on account of color. No man can be forced into
the service unless in pursuance of the law. Any viola
tion of the order or threat towards Avhite or black men
to compel them to enlist will be severely punished. No
bounty-broker will be allowed to accompany any re
cruiting party or in any way intermeddle with other
operations." The city council made an appropriation for providing
such substitutes, and at the same time were using the
prisons and slave pens, which existed in the city for com
pelling colored men to enlist. I therefore issued an or
der which prohibited the confinement of any person in
any other place than a jail recognized by the civil au
thorities, and also an order authorizing the "Rev.
Thomas James (colored) to inquire into the case of all
colored persons arrested and held in confinement by the
civil or military authorities in this department."
On May 15, 1865, I opened a correspodence with
Geo. W. Johnston, judge of the police court, in which I
said, "It has been reported to these headquarters that a
number of colored men and women are confined in the
workhouse for improper causes. I will send an officer
this afternoon at two o'clock and investigate the nature
of the charges. You will therefore instruct your keeper
to admit the officer."
There was a law of the State of Kentucky which
forbade negro slaves to go at large and hire themselves
out as free persons.
The case of Jacob Hardin illustrates the condition of
things in Kentucky. On June 3, 1865, I addressed to
the keeper of the Louisville workhouse a letter, of which
the foUowing is a copy :

IN COMMAND OF DEPARTMENT OF KENTUCKY. 235
"Headquarters Department op Kentucky,
"Louisville, June 3, 1865.
"To the Keeper of the Louisville Workhouse —
Unless Jacob Hardin, a colored man, is detained in your
custody for some other cause than the order of the city
court of Louisville, that he be confined in the workhouse
until his master shall give bail, and he will not be suf
fered to goat large and hire himself out as a 'free man,'
you Avill at once release him from confinement ; Ser
geant Hirschberger will deliver the order, and see that
it is complied with.
"By command of Major-General Palmer.
"(Signed,) J. Bates Dickson, A. A. G."
In consequence of this, a letter was received from
George W. Johnston, police judge, to which I dictated
the following reply :
"Headquarters Department of Kentucky,
"Louisville, June 3, 1865.
"George W. Johnston, Judge Louisville City Court: ,
"Sir — Your letter of yesterday's date, addressed to
Captain E. B. Harlan, assistant adjutant-general, in
which you state that 'Jacob Hardin,' represented to the
court to be a slave, was committed to the workhouse
until his master should give bail, that he would not be
suffered to go at large and hire himself out 'as a free
man,' was this morning laid before me.
"It is no part of the duty of the military authorities,
under ordinary circumstances, to interfere with the ac
tion of the courts of the state, or to obstruct the opera
tions of the local laws, but it is their clear and positive
duty to protect the people from forcible wrongs, whether
inflicted under the forms of law or otherwise.
"I beg to assure you that I do not question the integ
rity of the judge whose sentence is under consideration,
though I express the opinion that it is without and un
supported by any existing law. 'When the reason of

236 THE STORY OF AN EARNEST LIFE.
the law ceases, the law itself ceases,' is a rule founded in
reason, and is recognized by all courts.
"The particular law which must be referred to to sup
port this order was enacted by the legislature of Ken
tucky in support of slavery. According to the policy of
the state, then recognized as correct, it was the duty and
it was then in the power of masters to prevent their
slaves from going at large and hiring themselves as free
persons, while the slave himself had no interest in the
question. This state of things has, however, ceased.
During the last four years, from causes familiar to every
one, masters were not, in a majority of cases, able to
give protection to their slaves. It was not their duty
then, even according to the theory of the law itself, to
restrain them, and now, Avhen the bonds of slavery are
relaxed, if not totally broken, it is not in the power of
masters to prevent slaves from going at large and hiring
themselves as free men.
"This highly penal law, which demands impossible
acts from the owners of slaves, must, therefore, be held
to have ceased to exist, as much as if repealed by legis
lative authority. There is, however, another thing to
be said, which demonstrates the correctness of that con
clusion — masters ha,ve ceased to provide for or control
those who are nominally their slaves.
"According to the theory of the obsolete law, these
were his duties ; he has neglected them, yet, by a strange
perversion of justice, the slave is selected as the object
of punishment. This man Hardin, now before me, has
upon his limbs marks made by iron fetters, placed upon
him only because his master has failed to obey this law.
"Nor is this the only enormity presented by the case.
Hardin is ordered to be kept in the workhouse, as you
inform me, not for a period so fixed as to determine, not
until he does some act, but until the master over whom
he can have no influence or control, and who has, now
that slaves are valueless, no interest in him, shall volun
tarily give bail, that he shall never again go at large or

IN COMMAND OF DEPARTMENT OF KENTUCKY. 237
hire himself as a free man. Hardin himself is required
to do nothing ; his confinement must be perpetual.
"I forward you herewith my order made upon a con
sideration of the whole case.
Very respectfully,
"John M. Palmer, Major-GeneralComd'g."
As early as May 11, 1865, the mayor of the City of Louis
ville and a committee of the general council of that city, ¦
complained to me of the presence and condition of the large
number of colored people in the city, and expressed ap
prehensions of pestilence from their crowded state, and
asked me to cooperate with them in ridding the city of
the evil. I assured the mayor and the committee of my
cooperation in any judicious scheme to promote the wel
fare and happiness of the people of the city. Before re
plying to the general facts and views here expressed, I
said : "Allow me to correct the error contained in your
statement 'That no arrangement was or has been made
by the military authorities for the protection or the sup
port of the colored persons coming into the city.'
"On the contrary, the wives and children of colored
soldiers coming here, and those residing in the city have
been fed by the government, and all who could be in
duced to do so have been transported to Camp Nelson,
and there provided for at the national expense, and the
military authorities are still willing to provide in the
same way for all of that class.
"But there are difficulties in the problem you present,
which cannot be solved by the enforcement of the laws
against vagrancy, or by restricting the right of the own
ers of the slaves, to allow them the small measure of
freedom implied in permitting them to hire their own
time, and go at large as free persons. These people and
their ancestors for generation are, and have been, natives
of the State of Kentucky, and have all as strong local
attachments as other natives of the state.
"Recent events, which need not be particularized, have

238 THE STORY OF AN EARNEST LIFE.
disturbed, if not changed, their relations towards those
who were their former masters.
"What is now required is, that their relations to the
state shall be defined with reference to existing, and not
past, facts. When that is done, confidence betAveen the
races will be restored ; each will become again useful to
the other, and order and prosperity will take the place
of the confusion and vagrancy, which is now seen on
every hand, to the alarm of all. As preliminary to this,
and as preventive to vagrancy, these people must be
allowed to migrate at their pleasure, and seek employ
ment where it may be found. Noav, under the operation
of laws, obsolete for all useful purposes, and alive only
for evil, colored men and women in Kentucky who
might and would find employment elsewhere, are for
bidden to cross the Ohio river, except upon almost im
possible conditions.
"Capitalists, who own and operate the boats navigat
ing the river, which has already led some minds to inquire
whether the ownership of large property is not a disquali
fication, rather than a proper qualification for the manly
experience of the rights of citizenship, they, terrified by
these grim shadows of the past, throw unjust and op
pressive difficulties in the way of the transit of even free
persons, while those whose right to freedom is questioned
by any one, upon grounds however slight, are denied
the right of escaping from idleness and enforced vagrancy,
to whom industry is possible and employment within
reach. "This difficulty, however, can be partially obviated by
military authority. Deeply impressed with the dangers
of the public health, which you so truly and forcibly de
pict, and anxious that the laboring poor of the city shall
be saved the terrible consequence of the disastrous pesti
lence, of which you assure me that great fears are enter
tained, I have caused to be issued the General Order 32,
from the headquarters of this department, a copy of
which is herewith laid before you, and will, I hope, meet

IN COMMAND OF DEPARTMENT OF KENTUCKY. 239
your approval. . . . Vagrancy as a crime is volun
tary idleness and profligacy. The only offense urged by
you against them is poverty, . . . and when the
difficulties which clog and embarrass the efforts of the
Avhole race to earn homes and bread are removed, dis
crimination will be impossible, and the really guilty can
be punished. Now, such is the uncertainty of the
status of many, that even men seeking labor, dare not
employ or harbor them. The wives and children of
colored soldiers are told by some that the joint resolu
tion of congress, giving them freedom, is unconstitu
tional and void, and that when, in the language of an
eminent politician, 'federal bayonets are withdrawn,
the courts of the state will so declare, and all claimants
of freedom under it will be adjudged slaves.'
"Alarmed at this prospect, these helpless people
abandoned their late masters, and flocked to this city
for protection, and they shall have it so long as I com
mand this department. . . . Other classes of col
ored persons are also free, and their right to freedom is
doubted, questioned, and denied. They fly, and none
dare employ them, and because they cannot be employed,
and live in enforced idleness, they are by many called
'vagrants.' . . . American people, whether of Eu
ropean or African descent, have their rights under the
constitution and the laws, and the military authorities
of the United States will, in this department, claiming
no power or authority to do otherwise, so far as possible,
protect all, and will gladly cooperate with the authori
ties of the City of Louisville in every effort to promote
the interests and preserve the health of all the inhabit
ants of the city. "I have the honor to be, etc.,
"John M. Palmer, Maj.-Gen. Comd'g the Dept."
"General Order No. 32" provided for the issue of
"passes" to colored persons upon the tender of the usual
rates of transportation.

240 THE STORY OF AN EARNEST LIFE.

CHAPTER XIX.
Rumor of freedom amongst the negroes — Fourth of July, 1865 — "Golden
chariot and ' hosses ' of salvation " — Judge George W. Johnston —
Indictments against me — Letter to Hon. George Robertson — Elec
tion order of 1865 — Revisit the old home — Mr. Garrett — Letter to
Mr. Dana — Letter to the president — Success of the conservatives —
Letter to Judge Trumbull.
The negroes in Kentucky believed that I had unlimited
power, and one of those impalpable rumors reached the
negro population that if they would come to Louisville
on the Fourth of July, I would declare them to be free.
The first I heard of such a rumor was from Mr. O'Ban-
non, of Eminence, Kentucky, which was about sixty
miles from Louisville. He called at my headquarters a
few days before the Fourth, and after the courtesies of
the occasion — for I had known him — he said to me :
"What in the h — 11 do you mean by telling the negroes
to come to Louisville on the Fourth of July and you
will set them free?" I replied: "I never said such a
thing in my life ;" and he then told me that "the whole
negro population in his part of the state were in motion
for Louisville, Avhere they expected to be declared free
by me." BetAveen that time and the Fourth I was told
that negroes from all the surrounding counties were mov
ing on to Louisville with the expectation that I would
give them freedom.
The advance of the negroes began to arrive on July
3d, and a committee of them waited on me at my head
quarters to know "at what hour and at what place I
would declare their freedom." I told the committee
that "I had no authority to set them free," and tried
to persuade them to go home quietly and wait, and they
would be free after awhile anyhow. There was a circus
at the time in Louisville, performing under the direction
of a man named Noyes, with whom I had formed quite

" DE GOLDEN CHARIOT," ETC. 241
an acquaintance from frequent attendance upon his per
formances, and through Colonel Mark Mundy, Noyes
had offered me his gilded chariot and the piebald horses
to take myself and company to the fair grounds to hear
Parsons, who had been an actor, and was now a Metho
dist preacher, read the "Declaration of Independence."
The next morning, I took the gilded chariot and the
piebald horses, AArith Parsons, Colonel Mundy and Gen
eral Brisbane, for company, and reached the fair grounds
about ten o'clock on the Fourth of July. Parsons, who
Avas an excellent reader, and had a grand voice, read
"the Declaration" in a manner which I have never heard
equaled. Messengers from Louisville told me that the city was
full of negroes who were waiting for me to set them
free, and that which finaUy determined me to go back
to the city was a message from Captain E. B. Harlan,
my adjutant-general, that Mr. James Guthrie, Mr. Os
borne, Judge Ballard, and others who were my friends,
had called upon him and said that I "must return in
order to dispose of the negroes, of whom the city was
full." I took the chariot and horses and returned to
the city, and after stopping at headquarters long enough
to consult Harlan, I noticed that there were fewer
negroes in town than usual, and was told that nearly all
of them had assembled in a grove south of the city,
where I would find, as my informant said, "Twenty
thousand negroes waiting for freedom!" I proceeded
south on Preston street, with the chariot and horses, and
General James S. Brisbane who had accompanied me
from the fair grounds, and after we had passed Tenth
street, I saw outlying negroes run back to the crowd after
discovering us and report that we Avere coming. After
we reached the edge of the croAvd, I heard one old negro
man shout aloud and say, "Dar he comes in the golden
chariot and de hosses of salvation ! ' ' which was caught
up and repeated to the echo, and then a sense of the
16

242 THE STORY OF AN EARNEST LIFE.
ridiculous nearly overcame me. When I reached the
mass of colored people I was lifted over their heads and
placed upon a platform erected for the occasion and
surrounded by negroes whom "no man can number."
When the tumult had partially subsided, I said, "My
countrymen, you are substantially free!" They never
heard the word "substantially." There went up a
shout which could have been heard for a mile. Some
were singing and shouting as if they were in a re
ligious meeting, and terms were applied to me that were
only proper when used in reference to the Supreme
Being ; while I thought of the president and secretary
of war and doubted if they would sustain me ; but while
I stood I determined to "drive the last nail in the
coffin" of the "institution" even if it cost me the com
mand of the department. How long I stood on the
platform I do not know, but when the noise had in a
measure subsided, I said, "My countrymen, you are free,
and while I command in this department the military
forces of the United States will defend your right to
freedom." Nothing like the scene I then witnessed
will ever occur again in the United States, for human
slavery has ceased to exist.
Slavery practically ended in Kentucky on July 4,
1865. I reported my conduct on that occasion to the
president and the secretary of war, and as a consequence
on the 25th of July the following order was issued :
"War Department, Adjutant-General's Office,
"Washington, July 25, 1865.
"General Order No. 129.
"To secure equal justice and the same personal liberty
to the freedmen as to other citizens and inhabitants, all
orders issued by post, district or other commanders,
adopting any system of passes for them, or subjecting
them to any restraints or punishments not imposed on
other classes, are declared void.
"Neither white nor black will be restrained from seek-

" DE GOLDEN CHARIOT," ETC. 243
ing employment elsewhere when they cannot obtain it
at a just compensation at their homes and when not
bound by voluntary agreement, nor will they be hin
dered from traveling from place to place on proper and
legitimate business .
By command of the secretary of war.
E. D. Townsend, Assistant Adjutant-General."
And thus President Johnson kept the promise made
to me by Mr. Lincoln: "Go to Kentucky, keep your
temper, do as you please, and I will sustain you."
At the election held the first Monday in August, 1865,
Judge George W. Johnston, who had before that time
held the office of city judge, and to whom I have referred
as one of my correspondents, was elected circuit judge
of the Jefferson county circuit court.
Judge Johnston was a good lawyer and an ardent
well-wisher of the Confederates, but I may as well say
here, that I have never met an old lawyer who was not
conservative in his opinions and devoted to the orderly
administration of justice.
At the November term of the circuit court which
Judge Johnston held, he charged the grand jury, that
though marshal law existed in Kentucky, my orders
Nos. 32 and 49 were illegal, and therefore void, and
afforded no justification for any one who acted in obedi
ence to those orders. He instructed the grand jury
that slaves who escaped under my orders were still
slaves, and might be recaptured by their masters when
found. He mentioned instances where slaves had escaped un
der those orders, and without advising the grand jury
to indict me, he clearly intimated that it was a proper
subject for their investigation and consideration.
The grand jury of Jefferson county at the November
term of the circuit court found several indictments
against me, but public curiosity will be satisfied by stat
ing the substance of No. 9,424, as it was numbered on

244 THE STORY OF AN EARNEST LIFE.
the criminal docket of the court. The case was entitled
"The Commonwealth of Kentucky's. John M. Palmer."
The indictment charged John M. Palmer, a free person,
of the crime of aiding a slave to escape and in attempt
to escape from her owner ; he, the said John M. Palmer,
not having lawful nor in good faith a color of claim
thereto committed in manner and form, as follows, to
wit : "That the said John M. Palmer, a free person in
said county of Jefferson, on the 11th day of May, a. d.
1865, with force and arms, feloniously did aid and assist
a slave named Ellen, a female slave, in an attempt to
make her escape from her owner, and said slave being
then the property of L. R. Womack, by making and is
suing an order dated, 'Headquarters of Department of
Kentucky, May 11, 1865, General Order No. 32,' and
commanding, among other things, that the provost mar
shal of the post of Louisville, upon the application of
any colored person who may report him or herself as un
able to find sufficient employment in the city of Louis
ville, to issue a 'pass' to said colored person, and for his or
her family to go to any point they may wish, to engage
in or in search of 'employment.' The said order made
it the duty of all conductors and managers of railroads,
steamboats and ferryboats to transfer the persons named
in such passes, and in case of a refusal by any of them,
they were ordered to be immediately arrested and sent
out of the Department of Kentucky or punished as a
military court might adjudge ; the said John M. Palmer,
being at that time the commander of the Department of
Kentucky, and a major-general in the service of the
United States. And, in obedience to said order, the
provost marshal of the post of Louisville did, on May
14, 1865, in Jefferson county, Kentucky, issue a pass to
Ellen, a female slave owned by L. R. Womack, to go
and return from Jeffersonville, Indiana, and by means
of said order and said 'pass,' said slave did attempt to
escape and did escape from her owner, the said L. R.
Womack," contrary to the statute. Writs of capias were

" DE GOLDEN CHARIOT," ETC. 245
issued on the indictment, and others, which were found
against me for the same offense, to the sheriff of Jeffer
son county, and the sheriff, Mr. Ronalds, called on me
at my headquarters and told me that he had the writs
in his possession. I said to the sheriff, "I will appear
in answer to the writs, or you may execute them if you
think proper. I cannot command a department through
the grates of a jail, and I have therefore issued an order
to General Watkins, if you arrest me, to capture the jail
and release me, and at the same time arrest you and
such of the grand jury as he can find, and put you and them
in my place." I kept my promise to appear, and soon
afterwards appeared in answer to the writs. When I
offered bail, Judge Johnston told me my personal word
was sufficient in place of bail. I appeared also at the
December term of the court, after three-fourths of the
states had ratified the Thirteenth Constitutional Amend
ment. The action of Alabama was reported, and the
only question was whether the court would take "judicial
notice" of that event or not. The commonwealth's at
torney and I agreed to submit the case upon a state
ment of facts. "It was agreed by the commonwealth's
attorney that Order No. 32, named in the indictment,
was issued by General Palmer by the authority of the
war department, and that said order has been approved ;
that at the time said order was issued, General Palmer
was the commander of the Department of Kentucky,
being assigned to that command by the president of
the United States ; that General Palmer is a major-gen
eral of volunteers, and said attorney admits that when
said order was issued, martial law existed in Kentucky.
Major-General Palmer admits that he issued said order
and that the order given to the slave mentioned in the
indictment was given by the provost marshal of Louis
ville, and the indictment against Major-General Palmer
has been returned by the grand jury since Kentucky was
relieved of the operation of martial law, and that Major-
General Palmer is still the commander of the Depart-

246 THE STORY OF AN EARNEST LIFE.
ment of Kentucky. . . . It is agreed that the court
may dispose of all the legal questions arising on the in
dictment, and the agreed facts upon a motion to quash
the indictment and discharge General Palmer."
The case went off upon a point not covered by the
agreed state of facts, for Judge Johnston held that he
would take judicial notice of the fact that the State of
Alabama had adopted the thirteenth amendment, prohibit
ing slavery in the United States, which made the requisite
number (three-fourths of the states) , and that with the
prohibition of slavery in the United States, all the laws
of the several states intended for its support fell with the
institution, and that therefore the indictment should be
quashed. It was nearly sundown when the court announced its
opinion, and upon my discharge from the indictment, I
left the court room and went to the head of the stairs
overlooking the rotunda, and saw it crowded with ne
groes, who, attracted by their interest in the case, had
come into the hall below to hear the final result. I an
nounced the end of the case, and said to them : "A Ken
tucky judge has declared you all to be free — thank him."
They answered by shouts, and for a few minutes I
could hear nothing more. I said to them : "Thank Judge
Johnston. ' ' Hundreds of them followed me to my board
ing house, where I was compelled to address them
again. I heard them during the afternoon and night singing,
using all kinds of musical instruments, even to the "jews
harp," for a crowd serenaded me with that primitive
abortion. They have in Kentucky a peculiar practice which au
thorizes the commonwealth's attorney to certify the in
dictment to the court of appeals, which corresponds with
the supreme court in other states, and Mr. Dupuy, the
commonwealth's attorney, who had treated me with
great politeness during the argument, on motion "to
quash," caused the indictment to be certified to the

" DE GOLDEN CHARIOT," ETC. 247
court of appeals to take its opinion as to its efficiency.
Judge George Robertson, with whom I had some cor
respondence about a slave, in which he has said in re
turn for a compliment paid to him by me : "I would not
think of asking your opinion upon any question of divine
laAv, or of the law of nations, or of municipal or statute
law, but martial law is the will of the commander of the
army, interpreted by himself, and I thought it proper to
ask. your opinion of the existing condition of affairs in
Kentucky, which is under martial law."
He delivered the opinion of the court, and took ad
vantage of that occasion to come back at me. He said
in the opinion : "As well might the defendant, Palmer,
if he had stolen a horse, have said that the horse had died
before the indictment, in order to escape punishment."
I give my lettter to Judge Robertson, which Avas dated :
"Headquarters of Department of Kentucky,
"Louisville, July 25, 1865.
"Hon. George Robertson, Sir — I have to acknowl
edge the receipt of yours of yesterday's date, and will as
you request promptly and explicitly respond.
"You state at some length the circumstances by which
you acquired Jackson Jones and his family, and permit me
to say they are creditable to your character for humanity.
But I think it Avould complete the picture, if, after fifteen
year's service from him, you would say to the whole family,
father and children : "Go free !" He may be a liar and
a thief, and the fact that he makes two dollars a day
when he works for himself, justifies the hope that, if free,
he might become truthful and honest. Slavery is an in
different school for morals. I do not think he can be
compelled to leave the state. He is a native of Ken
tucky, and has perhaps, some of that attachment for his
birth-place, which so distinguishes Kentuckians.
"But few could be prevailed to emigrate, unless they
could be induced to think they could be benefited by it.
I presume your want of success in your efforts to induce

248 THE STORY OF AN EARNEST LIFE.
Jones to leave is attributable to the fact that he has not
been made to comprehend how a removal can benefit
him. I can give him a 'pass' to leave the state, but can
not, and will not, compel him to go. If he is a bad
man, I would not impose him upon any other com
munity ; if a good man, you could not well spare him.
"And I will add, that you need apprehend no military
interference with your rightful dominion over him. I
surely will not hinder him from voluntarily submitting
to any degree of dominion you may choose to assert,
and you may do with the two boys anything the law
permits. "And, doubting of my ability to advise a judge of your
standing and experience, I will say that while they are
in your family you ought to compel them to submit to
your rules. All children are benefited by being taught
habits of submission to rightful authority.
"I am, very respectfully, yours,
"John M. Palmer, Major-General Commanding."
It was in answer to this letter that I received the tart
reply above mentioned. My attention Avas first called
to the importance of the election in Kentucky by a com
munication from Governor Bramlette, which I answered
July 15, 1865. I responded to the governor, and said :
"I have the honor to receive your indorsement upon the
letter to Mr. Miller, in reference to protecting the polls
at the approaching election. I will most cheerfully afford
all the aid within my poAver to the officers and voters of
the state, in enforcing the election laAvs, and in the ar
rest of all persons who may disregard them. Please
furnish me copies of your proclamation, at as early a
day as possible, as my order to my subordinates must
refer to it as the measure of their duties." The gov-
ernor having furnished me copies of the proclamation, I
issued at once the following order, No. 51 :

" DE GOLDEN CHARIOT," ETC. 249
"Headquarters Department op Kentucky,
"Louisville, Ky., July 26, 1865.
"The near approach of an important election, to be
held in all the counties of the state and military Depart
ment of Kentucky, renders it proper, in the judgment
of the general commanding, to require all officers of the
state, charged by law with the duty of conducting elec
tions, to give to the legal voters of the state the most
complete protection.
"Martial law prevails in the Department of Kentucky,
and certain classes of persons are especiaUy under mili
tary surveilance and control. These are :
"1. The Rebel soldiers, whether paroled or not, and
without regard to the fact that they have or have not
taken any of the oaths prescribed by law, executive or
military orders, or if registered under orders from the
headquarters of the Department of Kentucky.
"2. AU guerrillas and others who, Avithout belonging
to the regular Rebel military organizations, have taken
up arms against the government or people of Kentucky
or any other state or territory.
"3. All persons who by act of war, directly or indi
rectly, gave aid, comfort or encouragement to persons in
rebellion. (This applies to all persons who have volun
tarily furnished any Rebel force or person with informa
tion, food, clothing, horses, arms or money, or have
labored, concealed or otherwise aided or encouraged
them.) "4. All deserters from the military or naval service
of the United States, who did not return from said service
or report themselves to some provost marshal Avithin
sixty days, limited in the proclamation of the President
of the United States, dated March 11, 1865, and all
persons who deserted from the military or naval
service of the United States after March 3, 1865, and
all persons duly enrolled who departed the jurisdiction
of the district in which they were enrolled, or went
beyond the limits of the United States to avoid any draft.

250 THE STORY OF AN EARNEST LIFE.
"All persons who were or have been, directly or indi
rectly, engaged in the civil service of the so-called ConT
federate government, or the so-called Provisional gov
ernment of Kentucky, or who have in any way voluntarUy
submitted to either of the said pretended governments.
"All such persons are disqualified from voting by the
laws of the State of Kentucky, and the act of Congress
of March 3, 1865. All persons of the classes aforesaid,
are required to abstain from all interference with the
election, and will, if they shall in any manner interfere
therein by voting, or attempting to vote, or by appearing
at the polls, be at once arrested, and held for military
trial. Aid will be given to the civil authorities to en
force the law and preserve the peace. Any person who
shall counsel, advise, or encourage any judge of any
election, or any other person, to disregard or disobey
the law as declared in the proclamation of the governor
of the state, will be at once arrested. The peace of the
country can be secured only by obedience to the law.
"My impressions as to the result of the election in Ken
tucky were communicated to Hon. Charles A. Dana, who
was at this time conducting the 'Republican' newspaper,
published in Chicago, Illinois, and whom I had known
as assistant secretary of war, operating with the west
ern army. I said to him :
" 'My impressions as to the results are against the
friends of the constitutional amendment ; they lack mu
tual confidence and organization, and are divided by the
pretensions of individuals.
" 'Rousseau, who is a candidate for the house in this
district has more strength for the senate than anybody
else. He is no politician, though of respectable abili
ties. Bramlette is at work for the same position, and
each is running a separate machine. I hope, and believe,
we will elect as follows : Yoeman, second district ; Rous
seau, fifth ; Green Clay Smith, sixth ; Randall, eighth ;
McKee, ninth. We have a bare chance to elect Lowrey
in the third, and General Fry in the seventh. We shall

"DE GOLDEN CHARIOT," ETC. 251
certainly be defeated in the first and fourth districts . I
must also confess that it is not absolutely certain that
we will elect more than one member (Randall) ; all the
other districts are close. Our friends in many parts of
the state talk confidently of carrying the legislature, but
I see no such indications of unity and energy as frees
me from painful doubts.'
"By the way, Governor Bramlette 's proclamation and
my Order No. 51, which I send you, may do much good.
If they keep illegal voters from the polls, much good
may be done. Respectfully, "John M. Palmer."
The governor's proclamation and my order did not
keep illegal voters from the polls, and the conservatives
succeeded in electing a majority of both branches of the
legislature .
Before the election, on Monday, August 1, 1865, I
visited Bowling Green, Russellville, Elkton, and finally
arrived at the place which I recollected in Christian
county, and to which I had been brought when but lit
tle more than one year old. While in the neighborhood
I dined with Mrs. Reuben Radford, when she insisted
that I should permit the Rev. Mr. Sears, who was a
Baptist preacher, to return to the State of Kentucky.
He had been expelled from the state for sympathizing
with the rebellion. He had preached a sermon in Clarks-
ville, Tennessee, in which he had said that the "negroes
were mere animals, and had no souls, and were properly
slaves to the white people." Mrs. Radford did not be
lieve this statement to be true, but still insisted that
Mr. Sears should be permitted to return. Although I
desired to please Mrs. Radford, as an old friend, I did
not permit Mr. Sears to return to the state. My visit to
Mrs. Radford was one of great interest to me. While
there, I went to the old home place, which my father
had sold to Mr. Radford in 1830, and went to the house
of Mr. Isaac Garrett to spend the night. I arrived at

252 THE STORY OF AN EARNEST LIFE.
the house of Mr. Garrett in the afternoon, and told Mrs.
Garrett my name, but she Avas so frightened at my uni
form and my escort, which consisted of ten cavalrymen,
that she did not recognize me. I determined to leave
the house, and soon afterwards was told that some one
was running to overtake me. It was Mr. Garrett, and
I Avent back with him. It was said of him that he was the
most industrious man and the greatest tobacco raiser in
Southern Kentucky ; that he laid awake on Sunday night
after attending church meeting that he might get into his
tobacco field soon after midnight on Monday morning.
Mr. Garrett had only small children, and in order to
save time, he used, during my boyhood, to ask me to
walk with him and tell him what I had read in the news
papers, while he "wormed" and "suckered" the to
bacco. At the time of my visit, he repeated to me many
incidents of my boyhood, told me of the extent of his
possessions, and informed me that, though he was rais
ing but ten acres of corn, "he was not as poor as he
seemed to be." He said that the "entire proceeds of
his crops of tobacco, worth about fifty thousand dollars
in gold,Avas in New York, and was subject to his order."
He called me "John," told me that all his negroes had
left him, except the "old, the foolish and the children."
Before I left him, I proposed to get his pardon from the
president. He declined, not comprehending why he
needed pardon, and a conversation in effect as follows
took place. I said, "You aided the rebellion by giving
money to Woodard's guerrillas, did you not?" "Yes,"
he replied, "I gave them one thousand dollars, because
they told me that you abolitionists from the North were
coming down to take away our negroes, and I wanted to
help resist you." I replied, "You are worth more than
twenty thousand dollars, and you know that President
Johnson has offered a pardon to those who will take the
oath and are worth more than that amount." Still he
insisted he had done nothing for which pardon was
necessary. And so we parted, and, as I learned after-

" DE GOLDEN CHARIOT," ETC. 253
wards, the man who had his money in New York ten
dered him the amount in greenbacks instead of gold,
which, with his other troubles, so preyed upon his mind
that he died soon afterwards in the insane hospital at
Hopkinsville. Before July 29th, it was reported to the president by
a Mr. Price that "provost marshals issue 'free papers' to
negroes indiscriminately." In a communication to thej
president, I said, "I have already acknowledged your'
dispatch of yesterday, containing a copy of a dispatch
from Mr. Price, which states that 'provost marshals
issue free papers to negroes indiscriminately.' I refer
you to my dispatch, in which I say, 'No free papers are
issued by any officer in this department,' which, though
literally true, does not quite meet the facts as they are.
I forward you my General Orders Nos. 32 and 49."
Under these orders, many passes have been issued by
provost marshals and others to negroes who hold them,
and I am told that in many cases they regard and act
upon them as "free papers." The reasons for issuing
Order No. 32 will be found upon the face of the order,
but the reasons which influenced the mayor and his
friends to apply to me do not. Large numbers of ne
groes were then in Louisville from the surrounding
country, who had escaped from or had repudiated the
authority of their masters. The mayor and others de
sired my approval of a plan they had arranged for the
general enforcement of the laws against vagrancy, and
the law which forbids slaves to go at large and hire
themselves out as free persons. To have enforced these
laws would have produced great misery and alarm
amongst the blacks. To leave the negroes in the city
would have alarmed the fears of the citizens, who were
beforehand taught to think their presence would cause
a pestilence. They sought to make me responsible for
either consequence. To avoid both, I issued Order No.
32. Under it over five thousand negroes have crossed
the river at this place alone.

254 THE STORY OF AN EARNEST LIFE.
Before the Fourth of July, an impression had got
abroad amongst the negroes throughout the state that on
that day they were all to be made free. Influenced by
that belief, thousands of them left their masters' houses
and came into our posts at different points in the state.
Every nook and hiding-place, at such places as Louis
ville, Camp Nelson, Lexington, Frankfort, Bowling-
green, Mumfordsville and other places, was filled with
them. They were without work or means, and the
greater the number and the more destitute they were,
the more the people resisted employing them. I was
compelled, from these causes, to issue General Order No.
49, and the "free papers," referred to in the telegram of
Mr. Price, are merely passes issued under those orders.
I have been greatly embarrassed in respect to the colored
people by the acts and declarations of politicians and
press in the anti-administration interests. They have
given the negroes extravagant ideas of the purposes of
the government by announcing in their speeches and
columns that it was the intention of the government to
free them all, furnish them with food and clothing,
and put them upon an equality with the whites. In
variably a conservative gathering in the neighborhood
is followed by a stampede of negroes.
"I think, and respectfully submit, that it is impos
sible under the existing state of facts here to recognize
the laAvs of the state in reference to slaves and slavery.
"At the beginning of the war Ken
tucky had about two hundred and
thirty thousand slaves, say, . 230,000
"Our reports show number of negro
enlistments, . . . 28,818
"Estimated number of women and
children freed by resolution or act
of congress of March 3, 1865, 72,045 — 100,863

Balance, .... 129,137
"One half of this residue are presumed to have be-

"DE GOLDEN CHARIOT," ETC. 255
longed to Rebels, and are therefore free. From this
small number ought still to be taken a percentage for
the thousands who have escaped from the state. For
the sake of keeping the small number in subjection to
masters, the whole race in the state are most cruelly
oppressed and outraged under colors of laws which
render freedom to a negro in Kentucky impossible. I
have felt it my duty to give protection to this large free
population as far as posssble, but in doing so I have on
occasions been compelled to do acts which in effect
greatly impair the tenure of the small number of per
sons who are still technically masters of slaves. Indeed,
it must be admitted that many slaves left the state un
der orders Nos. 32 and 49, which are inclosed, and every
decision I make in favor of a negro seems to start a host
of individual cases which come within the same prin
ciple. In short, slavery has no actual existence in Ken
tucky, and if the constitutional amendment is defeated
at the election, the whole active colored population will
fly, unless I employ the troops to prevent it, and you
have not and will not be likely to order that to be done.
"To illustrate the effects of any fair rule upon the
status of slavery in Kentucky, I will advert to the effect
of one rule which I am compeUed to recognize and ob
serve. By the laws of Kentucky, laws once when all
were slaves just enough in their application, all negroes
were presumed to be slaves ; a large majority are cer
tainly free. To presume slavery from color alone is con
trary to justice. To presume freedom without regard to
color, and give protection accordingly, is to end slavery.
"I am often called on to afford protection where there
is no proof at hand, and am compelled to presume one
way or another.
"I submit these difficulties to meet some of the com
plaints which will probably reach you from the loyal
people of Kentucky.
"I have the honor to be, etc.,
"John M. Palmer, Maj.-Gen. Com'd'g."

256 THE STORY OF AN EARNEST LIFE.
Judge Johnston decided on December 5, 1865, that
the court would take judicial notice that the requisite
number of states had assented to the Thirteenth Amend
ment to the Constitution of the United States, which de
cision Avas undoubtedly right. I, therefore, on the seventh
day of the same month announced the adoption of the
amendment and that slavery was ended in Kentucky.
"Headquarters Department op Kentucky,
"December 7, 1865.
"Circular No. 6.
"The general commanding announces that though the
fact has not been officially announced, enough is known
to warrant the statement that the amendment of the
Constitution of the United States prohibiting slavery
has been ratified by the legislatures of three-fourths of
the states, and is to all intents and purposes a part of
said constitution.
"Whatever doubts may have hitherto existed on the
subject, slavery has now ceased to exist in Kentucky,
and with it fall all the laws of the state heretofore in
force intended for its support.
"John M. Palmer, Maj-Gen. Com'd'g."
On the 11th day of December, Mr. Allen, an influential
member of the house of representatives from Brecken
ridge county, introduced in the house resolutions cover
ing several subjects, but one of the resolutions attacked
me for issuing the order before mentioned. Its language
was that : "Whereas, the people of Kentucky have been
informed in a proclamation which issued from the head
quarters of General Palmer, commanding in the depart
ment of this commonwealth, that the requisite number
of states having voted in favor of it, the amendment of
the constitution of the United States has been adopted,
and that slavery no longer exists in Kentucky. Against
this amendment, and against this mutilation of the con
stitution of the United States, we, the members of the

" DE GOLDEN CHARIOT," ETC. 257
general assembly of the commonwealth of Kentucky, be
fore the people of the nation earnestly and solemnly pro
test. We protest against the proclamation of the gen
eral commanding, as a piece of presumption. Martial
law having been removed from the state, all informa
tion of national interest should be communicated to the
people of the state by the executive officer thereof, who
no doubt at the proper time will give them information."
Mr. Allen must have known that the amendment to
the constitution took effect from and after its adoption
by the requisite number of states, and that my "procla
mation" was directed to others, rather than to the legis
lature of the state.
Mr. Buckner, of Clark county, introduced resolutions,
one of which denounced my election orders as a "gross
violation of the act of congress to prevent military inter
ference in elections," while Mr. Cochran, who volunteered
to argue the motion against me to quash the indictment,
called in question a communication written by me to the
"Louisville Journal." This led to the following corres
pondence : "Frankfort, Ky., Feb. 15, 1866.
"Sir — The undersigned committee appointed on be
half of the senate of Kentucky, for the purpose indicated
by the resolutions, a copy of which is inclosed, respect
fully request you to acknowledge the receipt of the reso
lutions, and that you will at your earliest opportunity
give the information called for in the resolutions. If
such a state of things exists as referred to, it is time that
the legislature should take some action for the remedy
thereof. We hope, therefore that you will comply with
the wish of the senate. Yours, most respectfully,
"T. B. Cochran,
"W. H. Grainger,
"M. J. Cook.
"To Major-General John M. Palmer, Louisville."
17

258 THE STORY OF AN EARNEST LIFE.
I answered as follows :
"Headquarters Department of Kentucky,
"Louisville, Ky., Feb. 15, 1866.
"Hon. T. B. Cochran, W. H. Grainger and M. J.
Cook, Com. of the Senate of Kentucky:
' ' Gentlemen — In accordance with the request contained
in your note of the 15th inst., addressed to me, I ac
knowledge the receipt of a copy of the preamble and
resolution which you inform me were adopted by the
senate of Kentucky, and by which you are appointed to
respectfully demand certain information. I have read
the paper adopted by the senate with great attention,
and in view of its language, am compelled by a sense of
what is due to the government of the United States, and
myself and its military representative in this depart
ment, to decline all intercourse or communication with
you as a committee of that body.
"The Kentucky senate has its own duties to perform,
and I have mine, and it must be left to the loyal and
patriotic people of the state to decide whether a body
which offensively declares its disbelief of the truth of the
statements of a public officer, and then demands the evi
dence upon which those statements are made, intended
to insult him, and excite popular prejudice against the
government he represents, or were influenced by any
purpose to promote the public good.
"Accept my thanks for the courteous manner in Avhich
you have discharged your duties, and allow me to assure
you that it will afford me pleasure to lay before you as
private gentlemen and citizens, the numerous letters and
official reports which furnish material for all the state
ments contained in my letter published in the Lonisville
Journal. "With great respect for each of you personally, I am,
etc. John M. Palmer, Major-General."

"DE GOLDEN CHARIOT," ETC. 259
"Headquarters of Dep't of Kentucky,
"April 29, 1865.
"Circular No. 3.
"The functions of the civil courts in this department
being to an extent suspended by martial law, makes it
the duty of every officer to be scrupulously observant of
public and individual rights, and to afford as far a6
possible complete protection to the people. The power
of arrest will hereafter be sparingly exercised and di
rected against real offenders.
"There is no longer in this department, hostile to the
government, an organization which deserves to be char
acterized as military. The bands now prowling about
through the country are simply guerrillas and robbers,
and are to be treated as such. They will be allowed to
surrender for trial. All the loyal people of this depart
ment are to be protected, without regard to color or
birthplace. "Complaint reaches these headquarters of the beating
of men and women for claiming the benefit of the 'am
nesty oath,' and the acts of congress freeing the slaves
of all persons who have been in rebellion against the
government of the United States, or who have aided or
given comfort to those in rebellion, and in the joint reso
lution freeing the wives and children of enlisted men and
others, who have acquired rights under the laws, execu
tive proceedings, and orders referred to, are free, and
whether free or not are to be protected from cruelty and
oppression. "In all cases where the state of the country and the
organizations and rules of the civil tribunals will permit
them to enforce justice and punish crime, offenders
against local laws will be handed over to them for
trial. In no case, however, will any person, or court
martial, be allowed to deprive any one of his, or her,
liberty who is within the terms of any of the acts,
resolutions, proclamations, or orders, above referred to,
or to harass by proscription, or otherwise, those who

260 THE STORY OF AN EARNEST LIFE.
may assist them in earning a support or maintaining
their rights.
"By command of Major-General John M. Palmer.
"J. Bates Dickson, Captain and A. A. (?."
Copy of letter to Judge Trumbull :
"Headquarters of Dep't of Kentucky,
"January 4, 1866.
"Hon. L. Trumbull: My Dear Sir — I inclose you a
copy of a petition which is being extensively circulated
here for the signatures of the colored people of this city,
and will be presented to the Kentucky legislature. I
prepared the paper for them as a quiet, modest demand
for the recognition of the essential rights of the freed
people, seeking to avoid language which could be tortured
to the purpose of prejudice and at the same time escape
disgraceful imputation of servility. Still I have such
moderate hopes that it may be favorably received by
the legislature, that I have advised them to look to con
gress and prepare a petition for its consideration. You
will perceive that the first point presented by the peti
tion is that of residence in the state, or citizenship, if
that form of expression is preferred.
"Chapter XV Revised Statutes of Kentucky, in all its
provisions, limits citizenship to free white persons. The
laws passed in pursuance of a requirement of the con
stitution compels, or it is intended to compel, all eman
cipated persons to leave the state, and Article 2, Chapter
XCIII, Revised Statutes, Vol. 11, pages 306-7, declares
that, 'Any free negro or mulatto who has since June 11,
1850, migrated, or shall hereafter migrate, to this state
with the intention of remaining here, shall be guilty of
felony, and upon conviction shall be confined in the
penitentiary for any period of time not exceeding five
years.' The whole article is like this, in barbarity and
injustice, and will in some parts of the state be rigor
ously enforced. I trust your bill, to which I have seen

" DE GOLDEN CHARIOT," ETC. 261
telegraphic references, repeals these and similar laws.
I suggest that they may be defeated by an act of con
gress declaring all persons of African descent born in
the United States, or in any of the territories, or in any
place subject to the jurisdiction of the United States, or
in any of the territories, or in any place subject to the
jurisdiction of the United States, to be citizens.
"By the Constitution of the United States, congress
has power to establish a uniform rule of naturalization,
and this power is exclusive of that of the individual
state (Kent's Com., Vol. 1, p. 424; 2 Wheaton's Rep.
269) ; and it is also true, that congress has by law
naturalized, or citizenized, certain people in gross (see
act of March 3, 1843, with respect to Stockbridge In
dians, Stat, at Large, Vol. 5, p. 647) ; and instances of
collective naturalization by the treaty-making power are
numerous, as in the case of the acquisition of Louisiana,
April 3, 1800, and purchase of Florida, 1819, treaty with
Mexico, 1848, and by joint resolution of congress, as in
the annexation of Texas, March 1, 1845.
"If the freedmen are declared by law to be citizens,
the legal consequences of citizenship follow, and defeat
the injurious operation of the laws already referred to. I
am aware that there are many jurists and publicists who
entertain the opinion that the freed people of African
descent are now, in point of law, citizens of the United
States. This may be the correct vieAV of the subject,
but there is a formidable array of authorities on the
other side, and it is certain that the courts, if the ques
tion is left in its present state of doubt, will hesitate,
falter, and decide both ways for years to come. A few
words of legislation will remove all doubt, and, what is
more, will place the colored race in the class of free men,
whose political and legal rights are so carefully secured
and guarded by many provisions of the federal state
constitutions. I attach great consequence to this idea,
for most of the oppressive legislation of the state pro
ceeds upon the theory that the negroes are not members

262 THE STORY OF AN EARNEST LIFE.
of the political society, and are not referred to or
protected by the constitutional provisions. They are
elaborations of the amiably expressed, but damnably
conceived doctrine, that we find so often adopted by
meetings of those political bastards who call themselves
Democrats, that 'this is a white man's government' —
which means that a thief may be a Christian, if he
only steals a negro.
"The second point presented by this petition, is that
of protection. There can be no doubt that, under the
general duty imposed upon the United States by the
constitution to guarantee to each of the states a repub
lican form of government, congress may, and ought to,
provide for the states which are subverted a temporary
government, that ought to be adequate in its powers to
the protection of the people in all their essential
rights. Upon this ground, and this only, pro tempore
governments have been organized in the states whose
governments were subverted and overthrown by rebellion.
These temporary governments possessed only such pow
ers as the United States conferred upon them, and
these powers are deposited in the hands of its agents.
I have always supposed a portion of the poAvers of such
governments might as well, in point of law, have been
deposited with the colored population, or a part of it, as
with civil and military officers, or with that part of the
white people selected by the government of the United
States for the purpose. I need not argue this, nor any
thing else, in support of the assertion that it is the duty
of the United States under the constitution to organize,
put in force, and maintain, in states where government
is subverted by rebellion, an effective government, and
that in doing so it must deposit the powers of these gov
ernments with agents of its own. This, I think, is
the true theory in case of a partial subversion, or par
tial destruction of the state government. Such partial
subversion, or partial destruction of the state govern-

" DE GOLDEN CHARIOT," ETC. 263
ment, is that it becomes incapable of fulfilling the ends
for which governments are ordained amongst men.
"The people of Kentucky organized a system of gov
ernment for the white population of the state, which
they supposed to be adequate to all their rights, which
in terms excludes negroes from any part or participation
in its benefits, and expressly refers the government of
that whole race to another system, which is known as
'slavery,' and thus slavery is made part of the govern
mental system of the state, comprehending and provid
ing for the African and mixed races. Slavery, that part
of the system intended for these classes, is subverted
and overthrown, and the duty of the United States results,
to provide for a temporary government for those left by
this subversion without government.
"It has discharged this duty so far through the agency
of the military officers and the freedman's bureau, and
it may and ought to continue to do so in some effective
way until the state governments comprehend them
within, and give them the protection of, their general
political system. I think a law of congress declaring
them to be citizens of the United States, would be a long
step in the right direction. It seems to me that the
states in excluding the negroes from their own system
of government, disclaim the only ground of and decline
jurisdiction over them, and necessarily, now that slavery,
the only government provided for them, is subverted,
refer this whole class of persons to the jurisdiction of
the United States. The state governments do not govern
and protect them as free men, and the states are for
bidden by the constitution of the United States to govern
them as slaves. They have a natural right resulting
from their relations to the government as subjects, or
citizens, to demand the benefit of the government, and
their interests, as I maintain,, are protected by the con
stitutional guarantee. I think that the legimate, prac
tical consequences are :

264 THE STORY OF AN EARNEST LIFE.
"1. That so much of the governmental system of
Kentucky as relates to the African race is subverted.
"2. That it is the duty of congress to organize gov
ernment Avhich shall supply the subverted powers of the
state government.
"3. That the powers of the temporary government
must be precisely in its scope limited to the government
of the people, who are left without government by the
subversion of slavery, but equal in its power to the ac
complishment of the object of government.
"4. That this government thus organized must be
temporarily limited in its duration to the period when
the states shall by an appropriate action provide for this
people a republican government.
"5. That the government of the United States must
judge for itself before it can be required to give way to
the action of the states, whether the rights of the
colored people are sufficiently secured and protected
or not.
"6. That it ought, before it abandons the government
of these people to the states, secure for them beyond
question 'equality before law.'
"Respectfully, etc.
"John M. Palmer."
"Headquarters of Dep't op Kentucky.
"February 19, 1866.
"Adjutant-General U. S. Army : Sir — The atten
tion of the government is respectfully called to the fact
that I have this day tendered my resignation as major-
general of volunteers, to take effect on the first day of
April, 1866, and requested to be at once relieved from
the command of this department.
"In connection with my resignation, I beg to call at
tention to the fact that there are now four suits pending
against me in the civil courts held in Kentucky, for acts
done in the course of my duty as commander in this de
partment, demanding an aggregate of damages to the

" DE GOLDEN CHARIOT," ETC. 265
amount of seventy thousand dollars. These suits are as
follows :
"1. Garrett Davis -us. John M. Palmer and the Ken
tucky Central R. R. Co. Bourbon Circuit Court. Pro
cess returnable first Monday in April, 1866. Damages,
$10,000. "2. Brutus J. Clay vs. John M. Palmer and the Ken
tucky R. R. Co. Bourbon Circuit Court. Process re
turnable first Monday in April, 1866. Damages,
$40,000. "These suits are instituted to recover the value of
certain negro slaves who are alleged to have escaped
and were transported by the railroad company by passes
issued by the provost marshal of Paris, Kentucky, under
General Orders Nos. 32 and 49, copies of which are here
with enclosed.
"3. Jesse H. Hall vs. John M. Palmer et als. Har
rison Circuit Court, May 1, 1866. Suit for false impris
onment. It is not alleged that I had anything to do
personally and had had no personal knoAvledge of this
arrest, but Mr. Garrett Davis, counsel for plaintiff,
seeks to charge me upon some idea that, as commander
of the negro troops, I am responsible for all their acts.
Damages, $10,000.
"4. Calloway vs. John M. Palmer — false imprisonment.
The plaintiff was arrested in July, 1865, for expelling a
colored woman from the cars. This arrest was to check
the numerous outrages perpetrated at will upon the ne
groes in all parts of the state. The imprisonment was
only nominal, and the party was brought before me and
then discharged.
' ' It will be seen that these suits cannot be disposed of
at once, and that to defend them will involve the ex
penditure of much time. I have defended with success
other suits brought against me here without expense to
the government, having paid all needful costs from my
own pocket, and given them my personal attention.

266 THE STORY OF AN EARNEST LIFE.
"I have to request that the defense of these suits be
undertaken by the government."
I forwarded this letter to the adjutant-general with my
resignation, which I requested might take effect on April
1, 1866. The government took charge of the suits against
me, and indemnified me against costs.

THE GUERRILLAS. 267

CHAPTER XX.
The guerrillas— Killing of Marion— Capture of "Sue Mundy"— Mar.
gruder and Medkiff— Sentence of Davis and Berry — Mrs. Smith and
Miss Bailey — Feeding the guerrillas.
Kentucky was cursed at the time I assumed command
of the department by the presence of "Sue Mundy"
(Jerome Clark) , Marion, Magruder and Quantrell, who
finally came into the state, and others.
Much was expected of me in the suppression of the
guerrillas. The Louisville Journal said: "The guer
rillas, we apprehend, have had their day in Kentucky,
a long and a stormy one to be sure, even without Con
federate cooperation. General Palmer, we are confident,
will soon clear our state of the bloody and spoil-laden
wretches who seem likely to have Confederate co-opera
tion of the most effective kind."
General Burbridge, who had preceded me in command
of the district of Kentucky, before it was made a de
partment, had attempted to terrify the guerrillas by
hanging their friends. He was in the habit of selecting
four, by lot from his military prison, and having taken
them near to the scene of the outrage, hang them. I
chose to pursue a different course, and made war upon
the guerrillas personally. For example, the guerrilla
Marion having sent me notice that he had captured Dr.
Montgomery Miller, assistant surgeon of one of the In
diana regiments, and would hang him unless Medkiff or
Magruder, who were both in the military prison, should
be discharged. I issued an order dated April 11, 1865,
that "neither Medkiff nor Magruder will be discharged,
but will be tried, and if found guilty of acts contrary to
the rules of civilized warfare, will be punished accord
ingly ; and upon reliable information that Dr. Miller has
been injured, both will be executed at once. The above

268 THE STORY OF AN EARNEST LIFE.
notice is given at the request of Marion that an answer
be returned through the newspapers."
I notified Mr. Lindsay, adjutant-general of the state,
that "Captain Terrell is acting under orders from these
headquarters, and that he belongs to the police force of
this department." When I got this notice from Marion,
I determined that he should be captured or killed. I
immediately proceeded by rail to Eminence, Kentucky,
and found Terrell there, having sent him Avord to meet
me. Terrell had killed an officer of his regiment (Con
federate) when serving in Virginia, and his followers
were not much better than Marion. From Eminence, I
telegraphed to the adjutant-general of the department,
ordering Major Wilson, late of the 4th Kentucky, to pro
ceed, with one company of the 30th Wisconsin, on the
Bardstown pike, in order to create a diversion in Ter
rell's favor, and to help him in case it was necessary.
A few days afterwards, General Harlan reported that
Terrell was "in front of my headquarters with Marion."
I Avent to the front, and found that Terrell had killed
Marion, had loaded his body on the Bardstown railroad
and brought him in. He had rescued Dr. Miller from
his peril. Terrell was an exceedingly dangerous man ;
I never let him enter my quarters without keeping a re
volver at hand.
Afterwards, Porter, who was the successor of Quan
trell, came into my headquarters, and proposed terms of
surrender. I told him that the guerrillas must surren
der for trial ; that I would see them, and if my terms
were not satisfactory, I would not detain them, but they
should have twenty-four hours of grace to return to the
place from whence they came, but that I would keep up
the war on them.
In the meantime, an affair had occurred near Bards
town, which I characterized as an "infamous outrage,"
and in consequence of which I issued "Special Order
No. 64," in which I said : "Satisfactory eAddence haAring
been furnished the general commanding that an in-

THE GUERRILLAS. 269
famous outrage was committed on the person of a lady
living near Bardstown by certain scoundrels who pro
fess to be Rebel soldiers, notice is given to all concerned,
that no guerrilla, or Rebel soldier, who now is or has
been in Nelson county within ten days past, will be al
lowed to surrender himself, otherwise than for trial, until
the perpetrators of this crime are arrested ; they are
guerrillas, and are known to the people of that county,
and a reward of five hundred doUars is offered to any
person who shall arrest or kill either of the men engaged
in the commission of this outrage."
Edwards, in his noted "Guerrillas," in describing this
affair, says: "In the meantime, a horrible outrage had
been committed. A most respectable woman, a Mrs.
Clark, had been outraged under circumstances of peculiar
atrocity. Riding an unfrequented road to a neighboring
town in quest of medicine, or medical attendance for an
ailing neighbor, she was overpowered by two ruffians and
monstrously abused. Some who both hated and feared
the remnant of Quantrell's little band accused them of
the atrocious act. General Palmer, in a moment of un
reasonable indignation unusual for him, joined in the
outcry without investigation, and declared bitterly that,
until the savages who did the deed were brought to him,
living or dead, the Missouri guerrillas should take their
chances as outlaws and be hunted accordingly. Equally
with the indignation of the Federal general, was the indig
nation of the Missourians. Frank James, especially, was
furious. Before Palmer even knew of the outrage, James
had taken William Hulse with him, and had struck and
followed rapidly the trail of the scoundrels. On the
Chaplain river, above Chaplaintown, and after a sleep
less hunt for two days and nights, the guerrUlas came
upon their prey. One was a Kentuckian named Broth
ers, and the other a nondescript called 'Texas ;' his proper
name was probably Jonathan Billingboy.
"These two desperadoes had been joined by a third,
who, while he was in no manner connected with the out-

270 THE STORY OF AN EARNEST LIFE.
rage, would, probably, in a fight, make common cause
with his companions. 'There are three,' said Hulse,
Avhen the trail had ended at a house, and when a further
reconnoissance revealed the fact that none of them had
left it. 'Yes,' replied James, 'there are three. If there
were six, it would not matter.' They dismounted and
tied their horses in some timber back from the dwelling,
and then gained it unobserved. Those whom they
sought were at dinner, armed, but indifferent.
"Throwing back the door of the dining-room uncere
moniously, the two guerrillas strode in, wrathful and
accusing. Frank James, always one among the coolest
and deadliest among the fighters known to the border,
called out in a singularly placid, yet penetrating, voice :
'Keep your seats, all of you ; keep your hands up ; keep
your eyes to the front.'
"Two sat stone still, scarcely breathing, hardly lift
ing or letting fall an eyelid. Brothers, desperate even
in an extremity such as this, snatched swiftly for his
pistol. Frank James blew his brains out across the
table. The other two did not move. Hulse covered
both, but did not fire. He did not know the man called
Texas, and he would not kill an innocent man. Texas,
however, was not one of the party, nor had he been with
Brothers since the outrage. When this was ascertained,
Frank James spoke to Hulse : 'Our work is but half
done ; let us go and finish it.' It was twenty miles to
Alexander Sayer's house, and these two men rode the
distance rapidly.
"They desired to find as soon as might be the trail of
the second scoundrel, no matter how cold or indistinct.
Others of his comrades had been ahead of him, as
swiftly as he had ridden, and Texas had shared the fate of
Brothers. Captured by John Ross, Henry Porter and
Allen Parmer, he had so vociferously defended himself,
and so eloquently pleaded his OAvn innocence, that these
three intrepid men — unable through the very excess of
those soldierly qualities Avhich had made them desperately

THE GUERRILLAS. 271
brave, to understand how it was possible to commit such a
crime — listened rather favorably to his protestations, and
permitted him to retain his pistols , and ride leisurely along
with them to the house of Benedict Pashe. Mr. Pashe
Avould establish his innocence beyond all controversy . Mr .
Pashe knew of his immediate whereabouts the day Broth
ers did his devil's work, and Mr. Pashe would make his
alibi impervious to assault. Mr. Pashe never had an op
portunity to say to the plausible story 'yea' or 'nay.'
While yet distant from his house a mile or more, Texas
broke aAvay from his accommodating captors, and fled like
an Arab. Better mounted than either Ross or Parmer,
Texas soon outstripped them, untouched by the bullets
sent after him, and would have escaped altogether if
the speed of the start had been joined to the bottom of
Parmer's horse. A gallop of a mile, hoAvever, told the
story of the chase. Texas was a thorough cavalryman,
though a born robber. He knew by the laboring breast
of his steed, the reeling stride, the foam of an unnatural
perspiration, the uncertain way the feet took hold of the
ringing turnpike, the almost human agony the faithful
animal manifested over its own failing powers, that the
end was nigh at hand. He looked back once, as he
crowned the crest of a sudden hill, and saw Parmer, fixed
as fate in the saddle, and as immovable, gaining upon
him hand over hand. There was one resource left, com
mon alike to the ant or the elephant; — he could fight.
He halted his blown horse, and turned about. Parmer
came right on, a pistol in his right hand, and the reins
well gathered up in his left. At fifty paces he fired at
Texas and missed him. Texas stood fast, his face wear
ing a hunted look, and his eyes wolfish. At thirty
paces the two fired simultaneously, Parmer missing
again, but Texas wounding his horse severely, if not
fatally. Parmer lessened the distance by a spur stroke,
and fired the third time at Texas, barely ten feet away.
This time he did not miss. Game to the last, Texas,
even as he reeled in the saddle, gripped his own horse

272 THE STORY OF AN EARNEST LIFE.
with his knees, steadied himself for a moment or two,
and fired twice at Parmer before he fell. He had been
hurt, however, too badly to be accurate. Another bullet
in the breast finished him. As he lived, so had he died,
a bad, stoical, unrepentant man. The bodies of both
Texas and Brothers were carried by the Federals into
Bardstown, and identified by Mrs. Clark as the bodies
of her assailants. Justice was satisfied, and Palmer was
appeased. ". . . Henry Porter gathered hurriedly together
the remnant of Quantrell's torn, scarred and decimated
guerrilla band, just eighteen in all, and surrendered
them at Samuel's Depot, Nelson county, July 25, 1865."
I limited my order to Nelson county, in order that the
innocent might not be punished, but I determined that
the guilty men should be captured or killed, and the
guerrillas did the work, as has been stated by Edwards,
for me.
One evening in March, 1865, a gentleman from Eliza-
bethtoAvn called upon me at the Louisville Hotel, and
told me that "Sue Mundy" (Jerome Clark), Magruder
and Medkiff were concealed in a barn about ten miles
from Bradenburg ; that Magruder had been wounded in
some one of his numerous fights. I immediately made
arrangements to capture them. I sent a company of
Wisconsin infantry on the night boat to Brandenburg, to
go from that place and surround the barn, capture the
guerrillas and bring them to Louisville. When the
company reached the barn, the guerrillas made a des
perate defense. It is not true that they surrendered as
prisoners of war. The Louisville Journal said, "We re
joice at the capture of the cut-throats, and freely say
that the planning of the expedition reflects credit upon
the officers connected with it."
They were all brought to Louisville, tried, and sen
tenced to be hanged. The case of Magruder drew upon
my feelings heavily. Mundy (or Clark) and Medkiff
cost me no effort to order their execution. Masruder's

THE GUERRILLAS. 273
mother visited me at my headquarters, and besought the
life of her son. I Avas compelled in answer to her im
portunities to get the record of the proceedings before the
military commission, and read to her the testimony of
Avitnesses, which showed that a young man who had
belonged to the 15th Kentucky had served three years,
and was honorably discharged, and had been shot by
Magruder under aggravated circumstances. The father
of the young soldier had been taken sick and died . The
mother withheld all knowledge of his illness from the
son until his death, when she telegraphed for him to re
turn and attend his father's funeral, which he did, and
meant to return to Louisville in the evening by train
from Nashville.
Unfortunately, Magruder had heard of his arrival in
town, Nicholasville, went to the house, took him a short
distance from home, and shot him to death for no other
offense than that he had served in the Union army. I
told Magruder's mother that if human justice meant
anything, her son must die. I was afterwards visited
by Governor Bramlette and General Walter C. Whit-
taker, who sought to interpose to save the life of Ma
gruder, and recommended the commutation of his sen
tence ; but I told him that I had refused to grant a com
mutation to his mother, and that the agony was over.
Magruder was executed, his remains taken to his home,
and I was told that more than a thousand persons at
tended his funeral.
The case of Jim Davis was a most remarkable one.
He was the son of a widow in Jessamine county. He
had gone to Lawrenceburg, in Anderson county, with
his associates, taken three negroes out of jail, where
they had been confined for "going at large and hiring
themselves out as free persons," and held them under
the ice in the Kentucky river until they were drowned.
He had been concerned in other murders, was tried by
a military commission, and sentenced to death.
18

274 THE STORY OF AN EARNEST LIFE.
I addressed the following letter to the adjutant-general
U. S. A. :
"Sir — I have the honor to forward to your office,
for the information of the president, abstracts of the
record of the military commission convened in this de
partment for the trial of Samuel O. Berry, citizen, and
the order approving the findings, and for his execution
on the second day of March prox. Since the abrogation
of martial law, it may well be doubted whether a de
partment commander has the authority to order the exe
cution of this sentence . I have the honor to request the
order and direction of the president in the premises.
"Respectfully, "John M. Palmer.
"Louisville, Ky., February 15, 1866."
I had, on February 2, 1866, reported to the adjutant-
general of United States Army the papers in the case of
Jim DaAds, and called the attention of the secretary of
war and that of the president to his case. "Davis is
beyond question one of the worst men which the troubles
in this state have brought into notice, as will be seen
by the inspection of the record of his case now in the
bureau of military justice ; was tried before an able and
impartial military commission, and sentenced to death,
but, upon the application of friends, was respited in
definitely by the order of the president." "The evidence
in the case of 'One-armed Berry,' a notorious guerrilla
now on trial here, connects him with many crimes, in
cluding murder. Davis has been many months in prison
here, and is so still. I have the honor to request that
some final order be made respecting him, and if his sen
tence be commuted to imprisonment, that he be confined
in some other state. I think the courts here will dis
charge all military prisoners, even those confined in the
penitentiary of the state under sentence, as soon as the
writ of habeas corpus be restored."

THE GUERRILLAS. 275
I had approved the sentence of Samuel 0. Berry by
an order dated February 28, 1866, which directed his
execution on the following Friday. On Monday preced
ing the Friday on which he was to be executed, two la
dies called upon me, and introduced themselves as Mrs.
Smith and Miss Bailey, and requested to see Berry. I
said to them: "Ladies, are you relatives of his?"
They said they "were not." I answered : "I have a rule
which I cannot violate ; that no one can see prisoners,
Avho are under sentence of death, other than their rela
tives or clergymen." One of them said: "You make
no difference on account of sex, do you?" And I asked :
"Are you religious teachers?" They answered : "We
are Spiritualists." I said to them: "Ladies, you will
not tell the poor fellow that he will not be hanged on
Friday, will you?" They said they would not.
In the [afternoon of the same day, they came to my
headquarters, and told me they "had seen Berry's
mother with a rainbow about her head, and that she had
told them, and they told him, that he would not die on
Friday." I replied: "Ladies, if anything in human
affairs is certain, Berry will be hanged on Friday. I
think you have treated me badly." On the Wednesday
afterwards they returned and asked to see Berry. I re
fused them, and they went away.
Soon afterwards one of the guards of the prison came
with a written request from Berry that he might be al
lowed to see Mrs. Smith and Miss Bailey. It seemed
to me hard that he should not see them once more, and
I consented. The ladies again called upon me, after
seeing Berry, and told me again that he would not die.
On February 21, 1866, an order was issued from the
adjutant-general's office commuting the sentence of
Harvey Welles, alias Wm. Henry, alias Jim Davis, to
ten years' confinement at hard labor in the penitentiary
at Albany, New York.
Davis was a Avorse man than Berry ; I felt that he had
owed the commutation of his sentence to the interfer-

276 THE STORY OF AN EARNEST LIFE.
ence of influential friends, and was indignant that they
should have arrested the sentence of death, for I felt
that he deserved it. In consequence of the direction of
the president the war department issued the following
order :
"General Court-Martial Order No. 21. Subject to the
approval of President of the United States, the sentence
of death in the case of Harvey Wells, alias Wm. Henry
(who was convicted under the name of Jim Davis) , as
promulgated in General Court-Martial Order No. 51,
War Department, Adjutant-General's Office, Washing
ton, D. C, February 21, 1866, is commuted to ten years'
confinement at hard labor in the penitentiary at Albany,
New York."
When I received the order commuting the sentence of
Davis, I issued the following order :
"General Court-Martial Order No. 19, February 28,
1866, from these headquarters, is hereby revoked.
Subject to the approval of the President of the United
States, the sentence of death in the case of Samuel 0.
Berry, as promulgated in General Court-Martial Order
No. 11, February 10, 1866, from these headquarters, is
commuted to ten years' confinement at hard labor in the
penitentiary at Albany, New York. By command of
"General John M. Palmer.
"E. B. Harlan, Captain and A. A. G."
And I sent by the same guard both prisoners to the
Clinton prison, at Albany, New York. I had not the
slightest purpose of saving Berry untU I received the
order commuting the sentence of Davis. I felt that both
of them deserved death. The spiritualist ladies, Mrs.
Smith and Miss Bailey, called upon me after I had com
muted the sentence of Berry, and were kind enough to
say to me that "the spirits knew much more than I did,',
and the spiritualistic circles about Louisville were greatly
confirmed by the incident I have before mentioned.

THE GUERRILLAS. 277
Another incident, Avhich occurred in Kentucky, may
illustrate the swaggering ways of the guerrillas, and
the dread which the people felt for them. It was re
ported to me that a man living on the Bardstown road
was feeding guerrillas, and I instructed Captain George
Green, chief of my defective force, to arrest him the first
time he came into the city.
He was arrested and brought before me. I said to
him : "Doctor," for he was a physician, "I understand
that you have been harboring and feeding guerrillas."
He replied: "Yes, I fed Captain Marion, as he called
himself, and four or five of his men, on the Fourth of
July." I said : "Well, you have confessed the charge,
and I will order you to the military prison." He said :
"General, let me tell you the circumstances : I live on
the big road, and have a lawn in front of my house, and
on the Fourth of July, 'Captain Marion' opened my front
gate, rode up to the house, and said : 'We want dinner.'
I said to him : 'My wife and I are the only persons at
home ; the servants have all gone to a Fourth of July,
and my wife is not in the habit of cooking, and I hope
you will excuse me.' Captain Marion said, 'We want
dinner, and we want it quick,' with an oath. I said,
'Gentlemen, light, and come in, we will do the best we
can for you.' They then asked, 'Can you feed our
horses?' I answered, 'If you will take your horses
around to the stable, there is plenty of corn and fod
der, you are welcome to do so.' His reply was, 'Bring
the corn and fodder around here, take off the bridles,
and feed them on the grass.' I did so. My wife when
she has a mind to be so is a good cook, and got dinner
for them in a hurry ; I dont think she would have done
it for you. When the gentlemen sat down to dinner
Captain Marion said, 'Have you anything to drink?'
and I said, 'Well, my wife has a few bottles of native
wine that she made herself, but she is stingy of it.' He
said, 'Bring me a bottle of it,' and struck off the neck
of it with a bowie knife. Then said, 'It's pretty good,

278 THE STORY OF AN EARNEST LIFE.
let's have two or three bottles of it.' After they had
dined the captain said, 'Have you any cigars, bring
them along.' And I said, 'Gentlemen, I have a few in
a box.' He approved them, and said, 'Boys lets take
three or four of them,' and they did so. When they
mounted their horses on going away the captain said,
'If you tell the Yankees that you have seen us we
will come back and burn your house.' " The doctor's
manner was so sincere that I believed every word he
said, and told him that I would have fed the guerrillas
myself under similar circumstances. The doctor did
not go to prison.
I tendered my resignation as major-general of volun
teers on February 19, 1866, and asked to be relieved
from the command of the Department of Kentucky on
April 1, 1866. When relieved of the command of the'
department, I returned to my home at Carlinville, Illi
nois, and soon afterwards formed a partnership with
Mr. Milton Hay, of Springfield, in the practice of law.
When I retired from the army I found that Dr. Ben
jamin F. Stevenson, who resided in Springfield at the
time, was engaged in the preparation of a ritual for an
organization which he proposed to call the "Grand
Army of the Republic," to be composed of soldiers of
the civil war. The plan of such an organization met
with favor from all the military people of the city, and
it at once became popular. It seems that Dr. Steven
son, in conjunction with Chaplain William J. Rutledge,
had conceived the plan of organizing the honorably dis
charged soldiers into a society, and as both had be
longed to the 14th Illinois Infantry, Dr. Stevenson as
surgeon and Mr. Rutledge as chaplain, I was consulted
about the ritual and approved it.
On July 1, 1866, while engaged in a trial in the Cir
cuit Court of the United States I was peremptorily or
dered to Washington by Mr. Stanton, secretary of war.
Upon arriving at Washington, I was ordered to pro
ceed to Raleigh, North Carolina, to preside at a court

^v/oul leiianatwn naff veen accc/c./'ea v/s tue
Jf£/ledic/ent o/ ate tylnitea Osteite.}, to ta/ce y/ect t/te

Qs am, til, vetu iet/iect/uttu,
^r/oui. o(>eaient telvant,

(M.)

"W*TXy.

&tf)Mtant Qr/c/iuta/it ^(/eneiaf.
-OC. d).

THE GUERRILLAS. 279
martial for the trial of the officers of the Freedman 's
Bureau. I spent the Fourth of July at Richmond, Virginia,
and Avitnessed the rejoicing of the late slaves over their
emancipation. I took the cars next morning and ar
rived at Raleigh the same evening, where I organized
the court and proceeded to business.
On the 12th of July, during my absence from home, I
was elected commander of the neAV organization, and was
informed of my election while at Raleigh by a letter
from Governor Oglesby, who was connected with the or
ganization. I was much disappointed over the non-acceptance of
my resignation by the secretary of Avar, but Mr. Stanton
informed me that he had kept me, an officer of rank, for
court martial purposes, but if I would go to Nashville,
Tennessee, he Avould accept my resignation on the first
of September.
While in Washington, upon my return, I called upon
General Grant, who was in command of the army, and
he offered to recommend me for an appointment in the
regular army as brigadier-general, which I declined,
telling him that I would rather be a police magistrate
of the town in which I lived than a brigadier general in
time of peace ; but I told him that I would give him ten
thousand dollars for his first year's salary as president
of the United States. He also declined my offer, the
salary Avas then twenty-five thousand dollars a year.
On my return to Illinois, I resumed the practice of law
with Mr. Hay, and in April, 1867, removed my family
to Springfield, where I have resided ever since.
In November, 1868, I was elected governor of Illinois,
which dissolved my partnership with Mr. Hay. Our
partnership was a most agreeable and profitable one.
He was a great lawyer and an honest man ; his logical
power was unsurpassed by any one with whom I have
ever been associated. We tried many causes of great
importance .

280 THE STORY OF AN EARNEST LIFE.

CHAPTER XXI.
Inaugural address — Condition of the times — Change in situation of
North and South — Democratic party — Railway corporations — Gov
ernor Oglesby — Public schools — Incorporation laws — Vetoes — Local
taxation — Lake-front bill and veto.
I am now about to enter upon a period of my life
which is so near to the present time that I will not be
able, with a just regard for the feelings of some who are
living, or to the memory of the dead, to write with the
same freedom that I have felt in the narration of the
events less known, or that occurred before and at a more
distant point of time.
I had been elected to the office of governor of the State
of Illinois at the preceding state election, by a majority
so large that I could not doubt but that I had the per
sonal confidence and respect of the people of the state.
I had lived in Illinois since my boyhood and Avatched its
advance in population, in wealth and intelligence ; still,
it was not the Illinois I had knoAvn from 1831, until I left
the state with my regiment, in 1861. From 1831, until the
time I have mentioned, the people were poor, but con
tented ; and, though property was of small value in the
currency which was supplied by local banks of this and
other states, the people of Illinois were practically without
money. I remember that when I left home for the army
I had in the bank at Carlinville, where I lived, nearly
three hundred dollars in gold ; it was worth some one
hundred and twenty, and rose to two hundred and forty,
as compared with the bills of the banks and the govern
ment issues, which were called "greenbacks."
I had left home in May, 1861, with about seventy-five
dollars of the bills of the banks organized under the state
laws. I had ordered a uniform at Jacksonville, after I
took command of my regiment, at a cost of some forty

INAUGURATED GOVERNOR OF ILLINOIS. 281
dollars ; in a night, the bills became so depreciated that
they were not worth the price of the uniform. At the
time of my leaving home for the army, the Rebels Avere
exhibiting great activity, and, in the minds of many
thoughtful men, the Southern Confederacy was already
established and the Union dissolved. I did not myself
feel the greatest confidence in the ultimate success of our
intended efforts to suppress the rebellion. The indiffer
ence of many and hostility of some of my acquaintances
made me apprehensive that, before the struggle would
end, even Illinois might be the theater of civil conflict.
But, now that the war was over, all its just objects Avere
accomplished, and the Rebels had submitted to the Union
army and slavery was abolished, it seemed to me that
the country should henceforth be governed by the prin
ciples of the federal and state constitutions, and that the
rules of orderly and good government should again pre
vail. I have no doubt but that, in point of sentiment,
the feeling in that direction was general ; but, as a mat
ter of fact, there was then no organized public opinion
capable of demanding the return to constitutional gov
ernment, or a return to the habits of economy and hon
esty which, up to the beginning of the civil war, charac
terized the American people.
There was at the same time a complete change in po
litical, social and financial power between the two sec
tions of the Union. Before the war, the "South" dom
inated the government, and its social ideas influenced all
sections of the Union. Its condition was now changed ;
its power was overthrown ; its people were humbled by
defeat, and were humiliated by poverty ; its political
ideas were odious, while the North had in turn become
prosperous and arrogant. The people of the Northern
states, feeling that they were in possession of the Federal
government, feared nothing for themselves and regard
less of the facts of history, that "precedents of despot
ism become public law and in progress of time are turned
against the authors."

282 THE STORY OF AN EARNEST LIFE.
When I speak of the eagerness of the people to employ
despotic measures against the people of the subjugated
states, I, of course, refer to the dominant element of the
Republican party ; the Democratic party, which then
represented only a minority in the Northern states, was
disorganized, and had neither the resolution nor the force
to resist the obvious tendency of the radical Republican
party policy.
As I have elsewhere stated, the Democratic party was
placed in a false political position by the fatal mistake
of Douglas, in his attempt to repeal the Missouri Com
promise. He mistook the state of public sentiment in
both sections of the Union.
The feeling of hostility to slavery in the free states,
which had been so long repressed, upon the repeal of the
compromise of 1820, burst forth with a vehemence that
astounded the country, while the pro-slavery sentiment
which then controlled the politics of the South, blind to
the future, became more exacting and defiant. The
Northern Democracy suddenly found itself between two
determined forces, and vainly attempted to find some
common ground of compromise.
Mr. Douglas attempted to interpose between the ex
asperated parties the specious theory of popular sov
ereignty, as applied to the territories. Popular sov
ereignty, as interpreted by Mr. Douglas, proposed that
the people who settled the new territories, should at
some time settle the question of the entrance of slavery,
for themselves, but, in the meantime, it conceded the
right of citizens of all the states to remove into the new
territories, and carry with them their property and hold
slaves, if slavery was lawful in the states of their former
residence. He claimed, that notwithstanding the immi
grants to the territories from slave states had the right
to remove to the territories with their slaves, and hold
them there as slaves, and the settlers would have no
constitutional right to prohibit slavery, still they might
in effect repel slavery by "unfriendly legislation." The

INAUGURATED GOVERNOR OF ILLINOIS. 283
theory of Mr. Douglas was no doubt unsound in prin
ciple and incapable of practical application. It was de
nounced by the radical parties of both sections, and the
election of Mr. Lincoln in 1860, left the Democratic
party in the North without rallying principle, and com
pletely helpless. To add to the difficulties of the Demo
cratic situation, it was the misfortune of the party, that
in the presidential canvass of 1868, it had, in violation
of its traditional principles, committed itself to the plan
of discharging the national debt in legal tender treasury
notes, to be issued by the treasury of the United States
for that purpose. It proposed to impose taxes upon the
bonds issued by the United States, either to borrow
money for the purposes of war, or to fund the issues of
depreciated legal tender notes. This measure, which was
a violation alike of the public faith and of sound financial
policy, had, in the public judgment, something of the
appearance of repudiation.
Under those circumstances I saw but little prospect of
support in any effort I might make in the direction of
recovering for the state its former dignified relation to
the government of the Union, but at the same time I
was so well convinced, both by reasonings that seemed
to be unanswerable, as well as by the experience of all
ages, that unless the principle that the states are sov
ereign within their sphere, and that their rightful poAV-
ers are original and inherent and their exercise is in no
sense dependent upon the consent of the federal govern
ment — I determined to assert these propositions in my
inaugural address.
The subject of the proper government of raUway cor
porations at the time occupied a large share of public at
tention. The projectors of railways had in many in
stances taken advantage of the eagerness of the inhabit
ants of many of the counties, cities and tOAvns of the
state, to obtain the facilities which they expected from
the construction of railways, and had obtained large
local subscriptions to their capital stock which in some

284 THE STORY OF AN EARNEST LIFE.
cases was wasted, or lost by bad and reckless manage
ment, and donations were made by municipal bodies
directly to such corporations, in aid of the construction
of their roads, until there was, in fact, but few import
ant points in the state not touched by railroads which
connected them with the important markets of the
country ; and many other roads were contemplated, which
projectors really intended to construct at the expense of
the localities interested, and their disregard of the claims
of the local bodies, and by some device deprive them of
all interest in the railroads, which were in fact built with
the money they had furnished.
The railway corporations had obtained liberal charters
from the legislatures, which included, among other
powers, that of fixing the rates to be charged for
their service as carriers. They claimed that in that and
in some other important respects, their poAvers were ab
solute and uncontrollable by any or all the departments
of the state government ; and in support of that claim,
they insisted that all the provisions of their charter were
contracts with the state, and then, relying upon the cele
brated Dartmouth College case, they could not be impaired
by state action.
I determined that I would in my inaugural insist upon
the right of the state to regulate and control such cor
porations, and in that way bring to the attention of the
legislature, and the people, my own opinions upon the
power of the states with respect to corporations created
by their own authority, and also repeat and vindicate
the theory of the inherent, independent and indestruct
ible nature of the powers of the states.
I assumed the duties of the office of governor of Illi
nois on January 11, 1869, and delivered my inaugural
address in the presence of both houses of the general as
sembly in the hall of the house of representatives. It
was to me a source of peculiar pleasure that the oath of
office was administered to me by Hon. Sidney Breese,

INAUGURATED GOVERNOR OF ILLINOIS. 285
then chief justice of the supreme court of the state, and
for whom I have already expressed such regard.
In my inaugural, it was but natural that I should re
fer in complimentary terms to my retiring predecessor,
Governor Oglesby.
Our friendship, which commenced in 1858, had been
intimate and close, and his message, which had been
transmitted to the legislature at the beginning of the
session, covered the whole ground of executive duty.
I said: "I cannot better discharge my duty to the
people than by urging upon your attention the informa
tion and the measures recommended by the experienced
and patriotic statesman who now retires from the execu
tive office which he has filled with such advantage and
credit to the state." I also alluded with satisfaction
to the large reduction and the prospect of an early ex
tinguishment of the state debt, and said : "The greater
part of which was contracted many years ago, and for
objects that totally failed of advantage, is now nearly ex
tinguished. It is to the lasting honor of our people that
they have not permitted their integrity or good faith to
be doubted, and now that the debt is almost discharged,
we may profit by the experience of the past, and avoid
impossible burdens upon those who will succeed us."
"It cannot be too often repeated that the proper policy
of states, as well as individuals, is best expressed in the
maxim, 'pay as you go.' Loans or other methods of an
ticipating the public revenues are deceptive, and in
practice burdensome and oppressive. By this means,
the actual expenses of the government are successfully
concealed from the people, and their consent obtained
to enterprises of such doubtful propriety that they Avould
have been promptly rejected by them, if they had been
submitted with a proposition to raise at once by taxation
the money needed to insure their success."
I alluded, in terms of the highest approbation, to our
system of public schools and to our benevolent estab
lishments, and, aware of the possibility of their man-

286 THE STORY OF AN EARNEST LIFE.
agement, I urged upon the legislature the duty of sub
jecting them to the strictest and most searching in
vestigation. I alluded to the jealousy of the framers of
the constitution of 1847, of corporations, and mentioned
the fact that special legislation was then regarded as
anti-republican and dangerous to the liberties of the
people, and said: "It would be an interesting and in
structive employment to investigate the extent and
variety of the objects for which incorporations have
been created by special laws, and of the powers conferred
upon them. It is enough, for illustration, to say that to
meet the demands of this interest, many of them are
exempted from the operations of the general laws of the
state, those, too, most useful and necessary. Others
are protected by special statutes bristling with pen
alties. . . . As it is at present, citizens engaged in
the ordinary pursuits of business are sometimes startled
to find themselves in competition with corporations
possessed of large capital, who are relieved by one class-
of laws from burdens Avhich they must bear, and aided
by legislation from which they can derive no bene
fit." . . . "It certainly will not be regarded by the
general assembly of the State of Illinois unreasonable
to claim for every citizen of the state equality before
the law. To secure this, it is, in my judgment, of great
importance, that the general incorporation laws now in
force can be revised and others enacted at an early day,
not only that the policy of the state may be carefully set
tled with respect to the objects for which corporations
will be permitted, but the powers of all of each class
may be well defined and equal. And such general acts
should repeal everything in any special law contrary to
this provision."
In speaking of the railroad corporations, I said : "It
cannot have escaped the attention of the general assem
bly, that the people expect that more than ordinary at
tention will be given at the present session to the ad
justment of many questions Avhich grow out of the rela-

INAUGURATED GOVERNOR OF ILLINOIS. 287
tions of railroads to the business of the people of the
state," and added what I then and now believe to be
true : "It is not certain that all real grievances of this
kind may not be amply redressed by the proper applica
tion and enforcement of existing laws." I then asserted
that the right of the railroad corporations to carry pas
sengers and freight was incidental to their right to con
struct and operate their roads, but I added : "Fixed tolls
are permitted, not to authorize unreasonable rates to be'
demanded, but that reasonable charges may be con
veniently ascertained and collected, while the whole
matter must, in the nature of things, be subject to the
final control of the state."
But that part of the inaugural address which excited
most comment, and from many of my political friends
most censure, was that "one of the most unhappy results
of the great conflict through which the nation has just
passed, is the confusion produced in the public mind,
as to the relative powers and duties of the national and
state governments.
During the war for the overthrow of the most ex
tensive and completely organized rebellion which is
known to history, the powers of the national govern
ment, and the people Avho adhered to it, were tested to
the utmost. It was natural and proper that under the
stress of the contest the people, in view of the para
mount interests involved, should disregard what were in
comparison mere forms, and demand of the national
government the exercise of every power which could be
employed for the attainment of the objects of the strug
gle. Now that the war is ended, and all proper objects
attained, the public welfare demands a recurrence to the
true principles that underlie our system of government,
and one of the best established and most distinctly
recognized of these is, that the federal government is
one of enumerated and limited powers. It is one of the
enumerated powers of the federal government to regu
late commerce amongst the several states, . . . and.

288 THE STORY OF AN EARNEST LIFE.
from this grant of power an attempt is made to infer
that of creating corporations, with the power to enter
any of the states, take private property for public uses,
and prosecute corporate enterprises, regardless of state
authority. The correctness of this inference is not admitted, but
if it was conceded to be just, in view of the embarrass
ments it would create, the power ought not to be exer
cised. Such corporations would embarrass the opera
tion of those already created by the states. They would
be exempted from taxation by state authority ; in short,
the state Avould have no power by taxation or otherwise
to retard, impede, burden, or in any manner control the
operations of such incorporations . It is essential to the use
fulness of the state governments that their just authority
should be respected by that of the nation. Perhaps the
expression which gave most offense to the radical lead
ers of the Republican party was that I said : "Already
the authority of the states is, in a measure, paralyzed
by a growing conviction that all their powers are in
some sense derivative and subordinate, and not original
and independent.
"The state governments are a part of the American
system of government ; they fill a well-defined place,
and their full authority must be respected by the federal
government, if it is expected that their laws will be
obeyed." It was no part of my purpose, in the use of
the language quoted from my inaugural address, to an
tagonize my party friends. I used the language of John
Marshall, who had done more to give practical effect to
the federal constitution than any, or all other persons,
and I had spent more than five years of my life in as
serting and maintaining that the national constitution,
and the laws made in pursuance thereof, were the su
preme law of the land, anything in the constitution or
the laws of any one of the states to the contrary not
withstanding. I felt then, as I do now, that the civil
war had not altered the constitution or enlarged the

INAUGURATED GOVERNOR OF ILLINOIS. 289
powers of the government created by the constitution,
except to the extent of its express amendments.
It ought to be taken into the account, that, from Feb
ruary 18, 1865, until about May 1, 1866, I had com
manded the Department of Kentucky, under martial
law, when the authority to the military commander was
practically absolute. I know that I exercised the power
Avith which I was intrusted with the single purpose of sup
pressing the crimes which attended and followed the civil
war, and establishing peace and order in the department
which was under my command ; still, under the anoma
lous circumstances which surrounded me, I was compelled
to do many arbitrary things dictated by the necessities
of the situation.
I was, therefore, eager to re-establish and maintain
orderly, constitutional government in Illinois, as well as
elsewhere ; and I reassert, with emphasis, the principles
which I regarded as essential to the maintenance of
popular rights. It was then, as now, my belief that the
powers of the states are original, and I intended to op
pose a belief, then much more prevalent than it is at
present, that all political power ultimately resides in the
government of the United States.
My language excited some criticism, but, having
taken my ground, I ignored what Avas said, with indif
ference. I have elsewhere observed that the legislature, under
the constitution of 1847, had gradually encroached upon
the other departments of the government, until it had
become the supreme power in the state.
Under the constitution of 1818, the veto was lodged
with the governor and the judges of the supreme court
as a council of revision, but a majority of the members
elected to the two houses respectively could pass a bill,
notwithstanding the objections of the council.
The constitution of 1848 gave to the governor alone
all the powers of the council of revision, but it provided
that a majority of the members elected to the senate and
19

290 THE STORY OF AN EARNEST LIFE.
house of representatives could pass a bill, notwithstand
ing the objections of the governor.
In my inaugural address, I referred to special legis
lation as one of the evils of the times ; I said : "It was
the expectation of the framers of the constitution that
liberal laws would be adopted by the general assembly
of the state under which incorporation for all useful ob
jects could be formed — with uniform, adequate, well-reg
ulated powers ; and it was reasonable to suppose that
the general assembly, in digesting a system, would be
careful to impose such proper and reasonable limitation
upon corporations as would effectually secure the rights
of the people.
"It has been impossible to sufficiently attend to these
special considerations in the thousands of special laws
with which our session volumes are enlarged beyond all
former precedents."
The session of 1869 went beyond all of its predeces
sors in the matter of special legislation. Three ponder
ous volumes of twenty-eight hundred pages were neces
sary for the publication of its special laws, while a book
of but four hundred and eighty pages contains all that
can be called general legislation. Acting upon my OAvn
views of the duty of the legislature to observe the rules
prescribed by the constitution, I was compelled, during
the session, to return to the house, in which bills orig
inated, a large number of bills which were violations of
some of its plainest provisions. One of the first bills
to which I refused my assent was "An act to authorize
the city of Bloomington to issue its bonds and levy a tax
for the purpose of paying for the grounds purchased in
said city by the Chicago and Alton Railroad Company
for its machine shops." It appeared that, some time
before the passage of the bill, Judge Davis and some
other citizens of Bloomington had promised that, if the
railroad company would buy the necessary land and
locate the shops in Bloomington, the city should repay
the cost of the land to the company, with ten per cent

INAUGURATED GOVERNOR OF ILLINOIS. 291
interest. The bill required an issue of the bonds of the
city and the taxation of the people to pay the sum of
$50,000, which was the alleged cost of the lands bought
by the railroad company for its own purposes, with the
interest thereon. I refused to approve the measure upon
the ground that the legislature had no constitutional
power to compel the people of Bloomington to submit to
a tax to raise money for these, which I held to be purely
for private purposes.
The bill was passed, notwithstanding my objections,
and Avas followed by other bills of like character, amongst
others, "An act to legalize the issuing of bonds by the
city of Kankakee to aid the "Douglas Linen Company,"
"an act authorizing the city of Canton to subscribe to
the stock of a hotel company," "an act to authorize the
city of Shelbyville to raise money by a special tax to
invest in the bonds of the Shelbyville Coal Company."
Other bills of a like character were passed, from which
I was compeUed to withhold my approval.
One of the bills passed by that legislature was en
titled "an act to amend the charter of the town of Gol-
conda," one of the sections of which imposed a penalty
of one dollar per day upon each person bound to labor
upon the streets of the town, and made the neglect or
refusal to pay the fine a misdemeanor, and subjected the
defendant to an indictment, and upon conviction to a
fine of not less than ten dollars and imprisonment in
the county jail for not more than thirty days. I said
in my veto message that "the bill is contrary to the
principle of humanity and justice, and makes no distinc
tion between poverty and inabUity to pay and willful
disregard to duty."
Perhaps my message of April 14, 1869, returning a
number of bills to the senate, with my objections, will
afford the best proof of the recklessness of the legis
lature. "Senate bill No. 652," "an act in relation to the
Hamilton, Lacon and Eastern R. R. Co. and the local

292 THE STORY OF AN EARNEST LIFE.
taxes thereon in the counties of Livingstone, Lasalle and
Marshall." I said in my message, "This bill provides
that all the property, real and personal, belonging to
the corporations named in the title shall be taxed in the
same proportion as other property in the counties, towns,
cities, townships and districts through which said road
may pass, and all taxes so levied, except state taxes,
shall be paid by the said railroad company on the entire
line of road direct to the counties, cities, towns and toAvn-
ships which shall have subscribed to the capital stock of
said company in proportion to the amount they may
have severally subscribed." I said, "It is not com
petent, in my opinion, for the general assembly to
apply local taxes levied by the authority of counties
and other municipal corporations upon property within
their corporate limits to the use of other counties and
corporations. No principle is plainer and better settled
than that taxes cannot be levied upon the property of
one local corporation for the benefit of another." In
reference to "Senate bill No. 485," "an act to make
township 17, range 10 west, to subscribe to the capital
stock of the Peoria, Pekin and Jacksonville Railroad
Co.," I said, "The object of this bill is to authorize the
inhabitants of a congressional township, in a county not
under township organization, to subscribe to the capital
stock of the corporation named in the title of this bill.
This tOAvnship has no municipal organization, no official
machinery by which it can do the act proposed. By
itself it has no powers and owes no duties of a municipal
character, and with respect to public enterprises like
this, its inhabitants are mere private persons and cannot
be compelled to take stock in a railroad company ; can
not be separated from the county, make contracts, or be
subjected to taxation, nor can the majority bind the
minority, or charge their property for railroad pur
poses." Senate bill No. 479, "A bill for an act to in
corporate the Peninsula Real Estate and Loan Com
pany." I said, in my veto message, "This corporation

INAUGURATED GOVERNOR OF ILLINOIS. 293
is created to buy and sell lands and speculate gen
erally." "Senate bill No. 219, an act to amend an act entitled
an act relating to county and city debts and provide for
the payment thereof by taxation in such counties and
cities, approved February 13, 1865." This bill is of so
much importance, being one of a class having for their
ultimate object to fix upon the state the responsibility
of providing for the payment of local debts, that it de
serves the attentive reconsideration of the general as
sembly. I return it that the responsibility of such a
radical change in the relation of the state to the in
debtedness of counties and cities, may be assumed by the
representatives of the people, if in their judgment such a
change should be made.
"Senate bill No. 391, an act to incorporate the Fair
field Real Estate and Land Company." This bill in
corporates an association for dealing in lands. "Senate
bill No. 162, an act to amend an act entitled an act to
incorporate the Cairo and St. Louis Railroad Company,
approved February 16, 1865." "Section three of this bill
proposes to authorize subscriptions by the trustees of
schools in townships, in counties not under township
organizations, to the capital stock of the company. For
the reasons given for declining to sign Senate bill No.
285, I Avithhold my signature from this." . . Senate
bill No. 261, "an act to incorporate the Hilton Mining
and Manufacturing Company." "The powers conferred
upon the corporation created by this bill are enormous."
Acts were laid before me for the incorporation of the
towns of Bethalto and of Venice, in Madison county, and
of the city of Aledo, in Mercer county. These bills ex
empted certain farm lands within the limits of the cor
porations from taxation for municipal purposes, which
was in violation of the state constitution. It would be
tedious even to give the titles of the many bills from
which I was compeUed to withhold my approval. Some
of them, like the House bill No. 161, authorized parts of

294 THE STORY OF AN EARNEST LIFE.
municipal townships to subscribe to the capital stock of
a railway company. I quote from my veto message :
"By the provisions of the first section of the second of
said bills, the east half of the town of Fair Ridge, and
west half of the town of Grand Rapids ... all that
portion of the town of Rutland, lying in township thirty-
five, north, range east of third principal meridian ; all
that portion of the town of Lena, described as follows :
the east half of township thirty-five north range, five
east ... all that portion of the town of Aurora
lying west of the east channel of Fox river ; all that por
tion of the town of Batavia lying east of the east chan
nel of Fox river, were authorized to subscribe to the
capital stock of a railroad company ; such districts had
no municipal organization, and were parts of author
ized and original townships."
Of necessity, I disapproved all such bills, although
some of them were passed notwithstanding objections.
There were, however, two measures of far more import
ance than any of those to which I have referred ; the
first of these originated in the house, and was entitled,
"An act in relation to a portion of the submerged lands,
and Lake Park grounds lying adjacent to the shore of
Lake Michigan, on the eastern frontage of Chicago;"
the other originated in the senate, and was entitled,
"An act to fund and provide for paying the railroad
debts of counties, townships, cities and towns."
It may be said with truth, that after these measures
appeared, they influenced, if they did not control, all
the legislation of the session. The first of these meas
ures offered to confer upon the common council of the
city of Chicago, three-fourths of the aldermen elect con
curring, full power and authoritiy to sell all the right,
title and interest of the State of Illinois, in and to so
much of fractional section fifteen in township 39 N. of
range 14 E. of third principal meridian, in the city of
Chicago, as is situated east of Michigan avenue, and
north of Park Row, and south of the south line of Mon-

INAUGURATED GOVERNOR OF ILLINOIS. 295
roe street, and west of a line running parallel with and
four hundred feet east of the west line of Michigan
avenue, being a strip of land about three hundred and
ten feet in width, and that contains about thirty-tAVO
acres, and to apply the proceeds of any sale that may
be made of said land to the purchase and improvement
of parks in each of the three divisions of that city, in
proportions to be ascertained by means provided by the
bill. The bill also offers to confirm the right of the
Illinois Central Railroad Company, under the grant
from the state in its charter, and under and by virtue of
its appropriation, occupancy, use and control, and the
riparian ownership incident to such grant, appropria
tion, occupancy, use and control, in and to the lands
submerged, or otherwise lying east of the said line run
ning parallel with and four hundred feet east of the west
line of Michigan avenue, in fractional sections ten and
fifteen, township and range aforesaid ; and further offers
to the Illinois Central Railroad Company, all the right and
title of the State of Illinois in and to the submerged
lands constituting the bed of Lake Michigan, and lying
east of the tracks and breakwater of said company, for
the distance of one mile, and between the south line of
the south pier in Chicago harbor extended eastwardly,
and a line extended eastwardly from the south line of
lot twenty-one, south of, and near the round-house and
machine shops of the Illinois Central Railroad Company,
in fee forever, upon condition that the fee of the prop
erty thus granted shall be held by said company in per
petuity, and the further condition that all gross receipts
from the use, profits, leases or otherwise of said lands, or
the improvements thereon, shall form a part of the gross
proceeds, receipts and income of the Illinois Central Rail
road Company, upon which said company shall forever
pay into the state treasury, semi-annually, the per centum
provided for in its charter, and upon the further pro
vision that nothing in the bill contained shall authorize
obstructions to Chicago harbor or impair the public right

296 THE STORY OF AN EARNEST LIFE.
of navigation, nor exempt the Illinois Central RaUroad
Company, its lessees or assigns, from any act of the
general assembly Avhich may hereafter be passed regu
lating the rates of wharfage and dockage to be charged
in said harbor.
The tract offered to the Illinois Central Railroad
Company extends along the shore of the lake for a dis
tance of nine thousand five hundred and eighty feet, and
contains a superficial area of about one thousand and
fifty acres. In addition to the provisions of the bill al
ready stated, it offers all the right and title of the State
of Illinois in and to the lands submerged or otherwise
lying north of the south line of Monroe street, and south
of the line of Randolph street, and betAveen the east line
of Michigan avenue and the track and roadway of the
Illinois Central Railroad Company, and constituting
parts of fractional sections ten and fifteen, before men
tioned, in fee to the Illinois Central Railroad Company,
the Chicago, Burlington and Quincy Railroad Company
and the Michigan Central Railroad Company, their suc
cessors and assigns, for the erection thereon of a passen
ger depot, and for such other purposes as the business of
said companies may require, Avith the proviso that upon
all the gross receipts of the Illinois Central RaUroad
Company from the leases of its interests of said grounds
or improvements thereon or other uses of the same, the
per centum provided for in the charter of said company
shall be forever paid in conformity with the requirements
of said charter ; and it is further provided, that in con
sideration of the grant to the Illinois Central, Chicago,
Burlington and Quincy, and Michigan Central Railroad
Companies of the land aforesaid, the said companies are
required to pay to the city of Chicago the sum of eight
thousand dollars, to be paid in quarterly installments as
stated in the bill.
This tract fronts on Michigan avenue for about the
distance of thirteen hundred and thirty-tAvo feet, and

INAUGURATED GOVERNOR OF ILLINOIS. 297
runs back to the track or roadway of the Illinois Cen
tral Railroad Company three hundred and ten feet.
The bill, it will be observed, offers to the grantees of
each of the parcels of property it describes a fee-simple
title, and by implication asserts for the state a capacity
to confer upon each of its proposed grantees the absolute
ownership of the property.
The message then gave a history of the title of the
State of Illinois to the lands granted to the railroads by
the bill. It referred to the several acts of congress
Avhich granted certain of the public lands of the State of
Illinois, in aid of the construction of a canal to unite the
Avaters of the Illinois river with those of Lake Michigan,
so that, by the approval of the president of the United
States, fractional section fifteen, township thirty-nine,
north of range fourteen, east of the third principal
meridian, became the property of the State of Illinois for
the purposes specified in the acts of congress dividing
"the lands into lots, streets and alleys," and, on July
20, 1836, filed a plat of the same as required by the act
providing for recording of town plats.
. . . The history of the tract of land described as
a part of fractional section in township thirty-nine north
range fourteen east is brief : The site of Fort Dear
born — it was separated from the bulk of the public lands
of the United States by being reserved for military pur
poses. . . . Under the authority of the United
States, it was laid out into blocks, lots, streets and pub
lic grounds as Fort Dearborn addition to the city of Chi
cago, and a map or plat of the addition was prepared,
certified, and acknowledged and recorded in the recorder's
office in Cook county on June 7, 1839, according to the
laws of the state.
On this map, the lands described as from Randolph
street to the center of Madison street is delineated as an
entire tract, and upon the map of the addition as re
corded is written, "Public ground, forever to remain free
of buildings."

298 THE STORY OF AN EARNEST LIFE.
"From the foregoing account, it will be seen by the
acts of the United States, the proprietor of the south
west fractional quarter of section ten, and of the State
of Illinois, which Avas in the same legal sense, the pro
prietor of fractional section fifteen, all of the lands de
scribed in the first and fourth sections of this bill, ex
tending from Randolph street, along lake shore to Park
Row, were dedicated to public uses forever. . . .
The State of Illinois and the United States, not as sov
ereign governments, but as the mere proprietors of lands
to promote their OAvn interests, in the sale of those lands,
offered to the public, with their blocks and lots, the ad
vantages of streets and avenues, and by such offers they
are bound forever.
"But the effects of these acts of dedication by the State
of Illinois and the United States, are different in respect
to the subsequent power of either government over the
dedicated property.
"The State of Illinois, after it parted with its beneficial
proprietary title to the land dedicated to public uses, re
tained all its political authority over it, with the power
to control and dispose of it, if necessary, for proper
uses. ... In this case, the United States, for a
valuable consideration realized, in the form of an en
hanced price for the adjacent and abutting lands, di
vested itself of the title to the tract marked 'public
grounds,' by a complete and irrevocable act of aliena
tion, and from that moment the dedicated lands became
devoted to public uses, and like all other public property
of the state, including that of section fifteen, dedicated
by the canal commissioners, became subject to the para
mount authority of the State of Illinois, to control the
property, or dispose of it, subject to the obligations of
good faith and justice, that it shall not be devoted to a
use substantially different from that to which it was dedi
cated. . . . The power of the general assembly as
thus stated, in view of the fact that the town of Chicago,
since these dedications were made, has become a great

INAUGURATED GOVERNOR OF ILLINOIS. 299
and flourishing city, filled to overflowing with a busy,
industrious population, which, if gathered into these
now straitened and confined public grounds, would per
haps cover every available foot within their boundaries,
and that the commerce of thousands of miles of tributary
country which centers there, is now clamoring for the
whole lake front, from Randolph to Twelfth street, for
its OAvn useful, but unsightly purposes, may well be ex
ercised to authorize the sale of these public grounds for
their value for commercial and business uses, and the
appropriation of the money realized from such sales to
the purchase and improvement of larger and more con
venient public grounds. . . . And the general assembly
clearly appreciate the duty with respect to the property
described in the first section of the bill, but in respect to
that mentioned in the fourth section, one essential con
dition of the judicious and proper disposition of that
portion of the public grounds which lie between the
south line of Randolph street is, by the provisions of
this bill, disregarded. The State of Illinois, in the ad
ministration of this trust, is bound by every considera
tion to exercise the utmost prudence and good faith ; and
the obligations of prudence and good faith require that
this property shall not be sold for less than its full
market value.
"By the provisions of the fourth section of the bill, the
land described as lying north of the south line of Mon
roe street, and south of the south line of Randolph
street, and between the east line of Michigan avenue,
and the track and roadway of the Illinois Central RaU
road Company, is offered to the Illinois Central Railroad
Company and the Chicago, Burlington and Quincy Rail
road Company in fee, and in consideration of such grant,
the companies above named are required to pay to the
city of Chicago the sum of eight hundred thousand dol
lars, payable in four equal installments, at three, six,
nine and twelve months, from and after the passage of
the act, to be applied to the park fund of the city ; but

300 THE STORY OF AN EARNEST LIFE.
the sixth section of the bill authorizes the common coun
cil of the city to quitclaim and release to the railroad
companies already mentioned, any and all claim and in
terest which the city may have in and upon said lands
by virtue of improvements or otherwise, and in case the
said common council shall refuse, for the space of four
months, to quit and release the claims of the city to said
lands, then the railroad companies are discharged from
all obligation to pay the balance remaining to the city.
I postpone the inquiry as to the true value of this prop
erty to consider this most extraordinary provision.
"By the fourth section of the bill, the railroad compa
nies are absolutely and unconditionally invested with
what is asserted in the bill to be a fee-simple title to all
this property, to be paid for in quarterly installments of
two hundred thousand dollars, the second of which
falls due six months after the passage of the bill ;
but it is provided in the bill that if the common council
shall not, within four months of the passage of the bill
(and before the second installment falls due) , quitclaim
and release all the title and interest of the city and to
the property, then the said companies shall be discharged
from all obligations to pay the balance then unpaid to
said city.
"By the bill the railroad company acquires a fee-simple
title to the property. If the common council of the
city, influenced by any motive whatever, shall decline
for the space of four months to release and quitclaim the
interests of the city, the said railroad companies are re
leased from the payment of three-fourths (six hundred
thousand doUars) the consideration, and yet remain,
without any further payment of the price stipulated, the
owners in fee-simple of this valuable property forever.
. . . As has been said, in reply to this, that if the
authorities of the city of Chicago declined to release the
title and interest of the city in the property, that title
and interest will still remain in the city ; but if this bill
effects what the State of Illinois professed by its language

INAUGURATED GOVERNOR OF ILLINOIS. 301
to be able to do, and which, upon incontrovertible prin
ciples it can do, invest the Illinois Central Railroad, and
other companies, Avith the title to the property in fee,
what benefit Avill the public use to Avhich the land is dedi
cated, derive from the continued retention by the city of
its barren and profitless claims? There can be no well-
founded doubt but that this bill, if it becomes a law,
will vest in the railroad companies perfect title to all the
property described in the fourth section thereof, and I
am well satisfied that this bill, on account of the pro
visions of the fifth and sixth sections already mentioned,
ought not to become a law.
' 'As I have before said, it is an essential condition of any
proper disposition of this property that its full value shall
be realized, and be applied to the acquisition of other pub
lic grounds. I am assured by the highest authorities upon
the subject of the value of real estate in the city of Chi
cago, that the property described in the fourth section of
this bill, and offered by the terms of that section to the
Illinois Central Railroad Company, the Chicago, Burling
ton and Quincy Railroad Company, and the Michigan
Central Railroad Company in fee, the sum of eight hun
dred thousand dollars ($800,000), has a market value of
two million six hundred thousand dollars ($2,600,000).
"I have before me a communication from the board
of public works of the city of Chicago, of date March
2, 1869, addressed to the Hon. John B. Rice, mayor of
the city, in which the following language occurs :
" 'The value of the tract of land in question, that be
tween Randolph and Monroe streets, and between Michi
gan avenue and the Illinois Central Railroad, the board
estimates at $2,600,000, as will be seen by the appended
letter of several of the most prominent real estate deal
ers. This estimate is coincided with by them.'
" . . . If the railroad companies named in the fourth
and following sections of this bill require this property
for the purpose of their business, under the circum
stances that it is no longer useful for the purposes of its

302 THE STORY OF AN EARNEST LIFE.
original dedication, they ought to be permitted to take
it upon the single condition of paying its fair market
value. Such a proposition, coupled with the provision
for the application of the proceeds to a use substantially
the same as that contemplated in the original dedica
tion, will meet my approval. . . . The Illinois Cen
tral Railroad Company, under an arrangement with the
common council of the city of Chicago, acquired by the
right to lay down, construct, and maintain, within the
limits of the city, and along the margin of Lake Michi
gan, Avithin and adjacent to the same, a railroad, with
one or more tracks.
"By the ordinance of the city which conferred this
privilege upon the Illinois Central Railroad Company,
it was required to enter the city at or near the intersec
tion of its south boundary with Lake Michigan, and
foUowing the shore on or near the margin of the lake
northerly to the southern bounds of the open space,
known as Lake Park, in front of canal section fifteen, to
such grounds as said company may acquire between
Randolph street and the Chicago river. And the said
company Avas further authorized to enter upon and use
in perpetuity for its said line of road, and any other
Avorks necessary to protect the same from the lake, a
width of three hundred feet from the southern boundary
of said public grounds near Twelfth street to the north
ern line of Randolph street, the inner or west side of the
grounds to be used by said company to be not less than
four hundred feet east from the west line of Michigan
avenue and parallel thereto ; and other privileges were
conceded the Illinois Central Railroad Company by this
ordinance that need not be particularly stated.
That which is described in the last clause of the third
section of this bill as 'the submerged lands constituting
the bed of Lake Michigan,' and by that description
granted, in fee, to the Illinois Central Railroad Com
pany, is indeed a part of the navigable waters of the
lake. As I have stated, the superficial area of the tract

INAUGURATED GOVERNOR OF ILLINOIS. 303
embraced in the descriptive words of the section , is about
one thousand and fifty acres, covered by the waters of
the lake to an average depth of sixteen feet, but in fact
varying from ten to twenty-four feet.
"This tract is not 'land' in any technical sense, and
has never been so treated by the United States or the
State of Illinois. Like the soil beneath all navigable
waters of the state, it belongs to the state as the sovereign,
and does not pass by technical grant, but by law.
"This being the character of the interest of the state in
the bed of navigable waters, the land is held subservient
to the public right of navigation, and any guarantee of
the state must take subject to all such servitudes, and
every use of the property must be consistent with, or if
not subordinate to, public rights.
"The importance of this property, in view of the uses
to which it may and indeed must be devoted, cannot be
easily estimated or overrated. Extending along the lake
shore from the Chicago river for a distance of nearly two
miles, and for a distance of one mile from the shore, it
covers the great business center of the city. . .
Upon the authority of a distinguished engineer, there
is nothing in the condition of what are known as sub
merged lands, described in the first section of the bill,
to oppose a serious difficulty to the construction of a
harbor, and it is capable of being made to afford seventy
thousand lineal feet of dock front, each foot of the front
to have three hundred feet in depth, including land and
water ; and it is probable that such property as this, with
improvements that may be made at a cost of not exceed
ing two hundred dollars per front foot, including the ex
pense of a substantial sea wall, would, at an early day,
equal in value the best of that description of property
in Chicago, which has already reached one thousand
dollars a front foot ; and much of it that has already
reached that point is still advancing in market value.
"There are, I repeat, at this time no means in exist
ence by which the value of this property can be fixed..

304 THE STORY OF AN EARNEST LIFE.
while its commercial importance is equally difficult of
estimation. ". . . If these views are correct, then it becomes
the more urgent duty of the general assembly to couple
with any grant that is made to any parties, such restric
tions as Avill, as far as human foresight and prudence
can, protect the rights of the state and relieve the com
merce that must pass through that channel from vexa
tious and oppressive burdens.
' 'This bill does not sufficiently secure these objects. It
does not require the Illinois Central Railroad to do any
act or thing with respect to the improvement of these
navigable waters ; but, worse than this, it deprives the
State of Illinois hereafter insisting upon such improver
ments. " . . . There should be a distinct provision in any
bill granting this property to the Illinois Central Rail
road Company, that the property itself, and all the im
provements to be made thereon, should be subject to
state and municipal taxation.
". . . The public property proposed to be disposed
of by this bill is of great value, and for myself I merely
adopt and apply for my government the rules that I
think would influence me if my duties with respect to
this property were personal and not official :
"1. That as the objects originally contemplated in the
dedication of the property in sections ten and fifteen to
public uses, in view of the altered condition of things,
are no longer attainable by its specific use, it may and
probably ought to be sold and the proceeds applied to ac
complish more effectually the purposes and objects to
which it was dedicated.
"2. That in any alienation of the property by the state
or under its authority, its full and fair market value
should be required to be paid by the purchaser.
"3. That no 'rights' of the Illinois Central Railroad
Company should be confirmed until fully defined and
understood.

INAUGURATED GOVERNOR OF ILLINOIS. 305
"4. That no grant shall be made of the submerged
lands constituting the bed of Lake Michigan, which does
not couple Avith the grant the condition that the work
of improvement shall be commenced within reasonable
time and prosecuted with good faith so as to meet the
fair demands of business.
"5. That the right be reserved to the state, for the re
lief of commerce, to limit the net profits to be derived
from any such works.
"6. That the state shall be entitled to receive seven per
cent of the gross receipts from the property granted and
from all improvements thereon.
"7. That the property shall be in all respects subject
to taxation.
"For want of essential proAdsions, and such details as
would give them effect, I return this bill to the house of
representatives without my approval."
The legislature of 1871 had passed an act to author
ize the city of Quincy to create the indebtedness referred
to in the twenty-fourth section of the schedule of the
constitution, to provide for the payment thereof and
validating acts of said city relating thereto, which au
thorize the city of Quincy to subscribe five hundred
thousand dollars ($500,000) to the capital stock of the
Quincy, Missouri, Pacific Railroad Company, which
was a Missouri corporation, and the railroad was alto
gether in the State of Missouri, "for which I was com
pelled to withhold my approval. I said in my message,
"the legal effect of the portion of the bill thus quoted is
to authorize the city council of the city to raise by tax
ation on the property within that city five hundred
thousand dollars ($500,000) to be paid over to an in
corporation created by the State of Missouri, to be ex
pended in the construction of a railroad in that state."
"It seems to me that such a law is without a well-con
sidered precedent, unsound in principle and in conflict
with the constitution of the State of Illinois. Taxes are
20

306 THE STORY OF AN EARNEST LIFE.
charges or burdens imposed by the legislative power of
a state, and in respect to taxation the powers of the gen
eral assembly are subject only to the restriction con
tained in the constitution and to the fundamental rule
that underlies all republican governments, that they
shall be imposed only for public purposes, and though
the lines that divide public purposes, for which taxes may
be rightfully imposed from those of a private character
for which taxation is forbidden, are often so indistinct
or doubtful that the judicial department has generally
felt bound to accept the decision of the legislature ; yet
it is not necessary nor is it the duty of the governor,
while in the exercise of his functions as an integral part
of the legislative department of the state, under the
constitution, to yield his own convictions upon the
point of the true nature of a proposed tax to the views
of the general assembly, as declared in a bill submitted
to him for his approval. To him that question, as well
as all others relating to the expediency or policy of any
proposed law, is open ; and if he for any reason does
not approve the bill he is forbidden to sign the same, but
must return it to the house in which it originated with
his objections.
"The purpose for which it is proposed to impose this
burden upon the inhabitants of Quincy is not public,
when tested by the constitution of the State of Illinois
or by the rules by which the true character of a tax is
determined. Taxes for any general public purpose may
be imposed by law upon the people of the whole state,
but it is not within the power of the general assembly
to impose the whole burden of a public duty upon any
one — nor, indeed, upon any number — of its local sub
divisions. "If, then, it could be supposed to be the duty of the
state to aid in the construction of public works within
the limits of the State of Missouri, authorized by that
state and carried on by its agencies, it would be necessary,
under the constitution, that such aid should be afforded

INAUGURATED GOVERNOR OF ILLINOIS. 307
from the general treasury, upon terms to be arranged
and adjusted by the authorities of the respective states ;
but under the provisions of this bill the people of one
of the cities of this state are to be compelled to raise
money by taxation, to be used by the agents of the State
of Missouri in aid of a public work in that state. This
burden is to be imposed upon the inhabitants of the city
of Quincy by the general assembly of Illinois, without
any provision for their rights or interests.
"But it is necessary, in order to render an imposition
upon one of the cities of the state a legal tax, not only
that it should be for a public purpose, but it must be for
a public corporate purpose. The objects and purposes
for which 'municipal corporations' are created are so
well understood, that no more precise statement of them
is necessary than is implied in the very name that is em
ployed in the constitution to designate them ; and no
taxes can be imposed exclusively upon property within
their limits, except for purposes strictly local and cor
porate. The inhabitants of cities, considered as mem
bers of the state, or of the counties and townships in which
such cities are situated, can only be taxed with and like
other inhabitants of the state, or of the county, or of
the township of which the city is a part, and for objects
to which all other inhabitants of the same districts are
bound to contribute ; but taxes can be imposed upon the
inhabitants of cities, as such, for objects that concern
the city alone ; and it is not one of the corporate duties
of the city of Quincy to raise money by taxation to be
paid to agencies created by the State of Missouri, to be
employed in the construction, of highways or railways in
that state.
"The construction of a railway in the State of Missouri
is a duty external to the city of Quincy, and is not one
of the purposes for which it was created, and it follows
from this that the general assembly cannot compel the
inhabitants of a city, or any of them, to contribute to
such an enterprise. . . . The only ansAvers that can be

308 THE STORY OF AN EARNEST LIFE.
made to these objections, with even the semblance of
plausibility, are :
"First. That, under the twenty-fourth section of the
schedule of the constitution, the power is reserved to the
general assembly 'to authorize the city of Quincy to
create any indebtedness for railroad or municipal pur
poses for which the people of said city shall have voted,
and to Avhich they shall have given by such vote their
assent prior to December 13, 1869,' which power is de
fined, in the proviso to the section, to be 'an authority
in the general assembly, under the present constitution,
to authorize the city to contract the debts referred to as
completely as the legislature could have done so under
the constitution of 1848.' But the whole extent of the
exception made by the twenty-fourth section of the
schedule is, that the general assembly shall have power,
with respect to the authorization of the debt, that was
possessed by the general assembly under the old consti
tution. The exception operated, no doubt, to remove the
particular debts beyond the effect of the provisions of the
constitution that prohibit municipal corporations from
taking stock in railroad incorporations, and that limit
their power to contract debts, . . . but it does not
extend beyond that point ; and cannot be relied upon to
support a law that imposes a tax upon the people of
Quincy that no legislature could or can pass ; nor will
it justify a disregard of those provisions of the constitu
tion which prescribe the methods to be pursued by the
general assembly in the matter of laws . ' '
The bill was passed, notwithstanding my objections,
and I learned, in 1888, that they had completed the pay
ment of the debt.
Before January 13, 1872, the legislature had passed
a bill for "An act to regulate the manner of applying
for reprieves, commutations and pardons," from which I
was compelled to withhold my approval.
In my message, I said : ". . . It will, no doubt, be
admitted that it would be a fatal objection to any meas-

INAUGURATED GOVERNOR OF ILLINOIS. 309
ure intended to regulate the manner of applying for re
prieves, commutations and pardons, that its operations
would be to restrict the power of the governor in the de
termination of questions confided to his discretion by
the constitution, or that its effect would be to deprive
persons of the power to make application to the gov
ernor. An act of the general assembly that prohibited
all applications to the governor by persons convicted of
crimes for a reprieve, commutation or pardon, would be
palpably unconstitutional, and laws that imposed impos
sible conditions upon applicants would be equally objec
tionable ; and such, it appears to me, would be the effect
of this bill if it becomes a law. The first section of the
bill requires that every application to the governor of
the state for a reprieve, commutation or pardon shall be
by a petition in writing, and the second section directs
that notice of such application be given to the state's
attorney of the city or county where the offense was
committed, at least three weeks before such application
to the governor ; and it is made the duty of the state's
attorney to give such notice to the parties interested in
prosecuting said party committed. . . . The peni
tentiaries and jails are but miniature representations of
the entire world, as they contain persons of advanced
age and almost childish youth, and every grade of char
acter, shading away from the most intelligent, as well
as the most hardened and atrocious, to mental feebleness
that is scarcely capable of forming a criminal intention ;
and the inmates of the penal institutions of the state are
drawn from every station of life, and the conditions that
surrounded them before conviction attended them there,
and greatly influence the possibilities of pardon.
"It is a fact that will be abundantly shown by an ex
amination of the files of the executive office, that to ap
plications made to the governor for the commutations of
the sentence or the pardon of the most notorious crimi
nals that have ever been convicted of crimes, will be
found the names of judges, senators, representatives and

310 THE STORY OF AN EARNEST LIFE.
other eminent persons residing in this and other states.
And applications of this class are pressed upon the
governor, notwithstanding the person Avhose pardon is
almost demanded by an array of powerful names, was
defended on the trial that resulted in his conviction by
the ablest counsel, and every means necessary to the
the proper vindication of his alleged innocence was
within easy reach. Persons of this class will be able
without difficulty, to comply with any mere formal
method of applying for pardon that may be prescribed
by the general assembly. But many of the inmates of
the penitentiary are obscure and poor, and ignorant and
helpless, and their crimes have sprung from impulse,
provocation, temptation, poverty, ignorance or inexperi
ence ; and in others the feeble and irresolute have been
deliberately seduced to crime by artful and hardened of
fenders, who, when they themselves have been pursued,
have surrendered their tools and victims as a means of
providing their own escape. It is often the interest of
parties who have for their own purposes secured the con
viction of the persons of the character described to em-
barass every means the governor may employ to ascer
tain the facts of the case, and in many other cases, any
thing that tends to obstruct the way to the attention of
the governor, is a real and often unsurmountable diffi
culty. It must be remembered that the offenses of many
persons confined in the penitentiary are intimately re
lated to poverty, destitution and ignorance, and it must
not be forgotten that the provision made by our laws for
securing a fair and intelligent trial for the helpless, fee
ble poor, does no great credit to our judicial methods.
Many of the class of convicts under consideration are
without property and friends in this state, and others, al
most totally ignorant of the language in which the trial
was conducted. To require of such persons the observ
ance of the form prescribed by the act, before the gov
ernor is allowed to consider the question of a pardon,
would be to cut them off from all hope.

INAUGURATED GOVERNOR OF ILLINOIS. 311
". . . . the final, though essential act is that the
state's attorney of the city or county where the offense is
committed shall find the persons interested to oppose the
application for pardon, and give them the notice pre
scribed by the bill. The theory of the bill is, that in
every case of conviction and sentence for crime, there may
be some persons interested in the prosecution of the of
fenders, but the fact is, that many convictions are had
for offenses that affect no particular person, or so affect
whole communities that it would be impossible for the
state's attorneys to elect the persons who more than
others could be said to be interested in the prosecution.
In other cases, the offenses are against the property of
corporationss such as railroad companies, banking and
insurance companies, and the bills fail to indicate who,
under such circumstances, the state's attorney shall
notify as 'persons interested in the prosecution of said
parties convicted.' ... It seems to me there are
cases Avhere public justice demands that the governor
upon his own motion shall investigate and pardon of
fenders ; and perhaps after all that has been said upon
the subject, the only security that can be found against
abuses of the pardoning power is publicity, and the
watchful criticism of the press and people . ' '

312 THE STORY OF AN EARNEST LIFE.

CHAPTER XXII.
Mercantile Protective Company — Constitutional convention, 1870 — De
tectives — Mobs — Bribes — Fees — Railroads — Eminent domain — Par
dons — Talk to colored people of the seventh anniversary of eman
cipation — Address on the re-interment of Governor Bissell.
The other bill, which was entitled "An act to fund
and provide for paying the railroad debts, etc.," was in
tended to invite all the municipal organizations of the
state to contract debts for the construction of railroads.
It was declared to be unconstitutional by the supreme
court, and its contents are therefore immaterial. It
was passed, notwithstanding my veto, as was the "lake
front" bill.
There is still, however, another measure which I was
compelled to veto, entitled, "An act to incorporate the
'Mercantile Protective Company of Chicago.' " I quote
from my message : "I do not approve and sign this
bill, because, in my opinion, the corporation proposed
to be created to insure the safety of property against the
depredations of 'thieves, robbers and burglars,' with
the power to organize and uniform a force of watchmen,
that 'all state, county and city officers shall be bound
to respect,' ought not to be created. It is a reproach
to the institutions of the country that the laws do not
afford protection to the property of all the citizens, and
if the laws are so imperfect or so inefficiently adminis
tered that the man who pays taxes to carry on his gov
ernment and pay its officers, is then compelled to resort to
private corporations and their bands of organized watch
men for the safety of his property, 'we have fallen upon
evil times.' This bill is contrary to public policy, for the
reason that it affords another means for citizens to
escape the discharge of the plainest and most imperative
duties .

VETO MANY BILLS. 313
"The laws are sufficient for the protection of prop
erty, but the prevailing evil of the times is, that orderly,
law-abiding citizens refuse to select good, honest and
efficient officers ; they refuse to attend municipal or other
elections for the choice of officers upon whose integrity
and vigilance they must depend for safety against
thieves, robbers and burglars, and permit the laws en
acted for their protection to remain unexecuted, and de
pend upon private organizations for security.
"Every man will find safety in the laws (if they are
enforced) and ought to depend upon them. They will
be enforced if every citizen will do his duty.
Believing that the principle of this bill is erroneous,
that no encouragement should be offered to citizens of
the state to neglect their duties, and that all private
police organizations are corrupting in their tendencies
and dangerous to every interest, I cannot approve this
measure." I particularly opposed monopolies, and vetoed a bill
creating the "Massac Manufacturing Company." I
said in my message : "House Bill No. 1414, being a
bill for an act to incorporate the Massac Manufacturing
Company, is herewith returned Avith my objections to
the same. This bill contravenes in many of its pro
visions principles that I have been taught to believe to
be of the greatest importance and value, and I will con
tent myself with enumerating them briefly, and referring
to so much and to such provisions of the bill as will il
lustrate my meaning :
"1. In every just and wise system of government,
perpetuities are abhorred. It is now too late to eradicate
them, for our volumes of statutes abound in acts of in
corporations that confer large powers that are of un
limited duration ; but I have found none that go quite as
far as this in respects hereafter to be alluded to. This
corporation is conceded 'perpetual existence and succes
sion,' and is upon that ground objectionable to me.
"2. But it creates and confers upon the corporation

314 THE STORY OF AN EARNEST LIFE.
such power as no government ought to confer upon any
body of men, and these powers, like the corporation
itself, are to exist perpetually.
"I ask attention to an extract from the bill: 'The
capital stock of said corporation shall be one hundred
thousand dollars. The capital stock of said company
may be increased to any amount not exceeding one mil
lion dollars.' The object and business of said corpora
tion shall be the manufacturing of iron and all other met
als and combinations of metals now discovered or used,
or which may hereafter be discovered ; and in order to
transact the said business, the said corporation shall
have power to make iron rails for railroads and to re-
roll iron rails ; to mine for coal and iron, and other ore,
to manufacture iron castings of everj'- size and descrip
tion, and to carry on the foundry business in all its va
rious branches ; to manufacture plows, wagons and all
other agricultural implements ; to establish and main
tain spoke, hub and felloe factories, and any other thing
or machinery for working in wood and that the said
corporation may determine to invest in ; to erect mills
and machine-shops, and all other buildings that may be
necessary to carry on their business ; to manufacture
all kinds of machinery of every description, of what
ever nature ; and also to purchase any patent inventions
of any kind, and to manufacture and sell the article,
machine or other thing so patented (and the patent
therefor purchased by the company) , and to hold, sell
and convey any patent or patents of inventions pur
chased by said corporation in exchange for any prop
erty, real or personal, which property thus obtained may
be held for the use and benefit of said corporation, or
may be sold and conveyed as its by-laAvs may direct ;
and said company is authorized to own, occupy and oper
ate one or more saw and planing-mills, for the sawing,
dressing and cutting timber into boards for building
purposes ; and may manufacture doors, sash, blinds,
brackets, mouldings, frames or any other article manu-

VETO MANY BILLS. 315
factured from lumber; and may make shingles, and
may use and employ any kind of machinery in and about
their business, propelled by steam ; and they are fur
ther authorized to purchase or hold land, or other es-
state, for the purpose of cutting therefrom timber and
saw-logs, and sell said land and real estate ; and they are
further authorized to establish one or more agencies for
the sale of products of their mills or manufactories."
It is thus seen, by the terms of this bill, this incorpo
ration is authorized to engage in almost every species
of mechanical and manufacturing business ; may com
pete with everyone, and, if it means anything, may
overthrow all the industry of its neighborhood, for
while the humble mechanic engaged in the manufacture
of plows or other of the simplest agricultural imple
ments must risk everything, the owners of the vast
franchises created venture nothing but the capital stock
invested, and if they successfully practice the devices
sometimes employed that will be rather nominal than
real. I said in regard to the "House Bill 213," a bill for
an act to incorporate the Logan County Agricultural and
Driving Park Association, and "House Bill 945," a bill
for an act to incorporate the Massac County Agricultural
and Fair Association : "I decline to sign these bills for
reasons that are common to both. ... 3. The
power to appoint police officers that are when appointed
to have authority, without warrant or judicial order, to
arrest citizens for acts done on their grounds, or within
certain distances around them, in violation of their by
laws or the laws of the state, or to adopt by-laws — and
in the case of one of them — resolutions imposing penal
ties that they are authorized to recover and appropriate
to their own use. If these corporations were as nearly
public as their names import, I would most earnestly
insist that they should not be intrusted to pass laws un
der the name of by-laws — to the extent proposed by
these bills — and that they should not have the power of

316 THE STORY OF AN EARNEST LIFE.
appointing police officers with authority to arrest citi
zens without warrant. . . . Public and private
rights are still too precious to be placed under the con
trol of private persons."
My purpose in quoting from my messages, disapprov
ing these bills, is to show the recklessness of the legis
lature of 1869, and of the extreme care I was compeUed
to exercise.
In the meantime, the Constitutional Convention of
1870 enlarged the powers of the governor, so as to
make his veto of the bill equivalent to two-thirds of
both branches of the general assembly.
On January 4, 1871, the legislature of the state again
assembled, and it was my duty, under the constitution,
to transmit to that body a message in writing. I did
so. In that message I congratulated the general assem
bly upon the prosperity of the state, and that the
laws for the preservation of peace and order have been
in almost every instance faithfully executed.
I said: "Amongst the exceptions to the general en
forcement of the laws of the state are several instances
of outrages committed by mobs. On February 21, 1870,
one Harrison Reed, who was charged Avith murder com
mitted in Madison county, was taken from the custody
of an officer, Avho was conveying him to jail, and
killed. "On April 20, 1870, one Hank Leonard was forcibly
taken from the jail of Marion county, and put to death
under circumstances of peculiar atrocity. On April 16,
1870, one Joseph C. Ramsey, while in the custody of an
officer of Putnam county, who was conveying him to the
county jail, Avas seized by a mob and hanged.
"These cases were officially reported to me, and other
instances of lawless violence have occurred in the state,
in regard to which I have no official information. . . .
The case of Reed is especially humiliating. He had es
caped from the state, and was arrested under the order of
the governor of the State of Missouri, in consequence of a

VETO MANY BILLS. 317
requisition made by me, and was murdered while in the
custody of an officer of this state, who could not, or would
not, protect him.
"When the facts were fully investigated by me, I of
fered a reward of one thousand doUars for the apprehen
sion and conviction of the offenders in each of these
cases, but no arrests have been reported to me.
". . . In the cases mentioned, my powers are ex- t
hausted, and the violators of the law are unpunished."
I spoke of the new constitution, and said : "On July
2, 1870, the people of the state expressed their approval
of the constitution adopted by the convention assembled
in this city, on December 13, 1869. This instrument,
that was prepared with so much care by the intelligent,
patriotic men who composed the convention, and that
was adopted by the freemen of the state with a singular
degree of unanimity, introduces many most salutary re
forms in the organic law. The constitution of 1848 was
well suited to the times, and was adopted by the people,
under circumstances of difficulty and embarrassment
that we cannot now fully understand.
"At that time, the state was overwhelmed by a debt,
improvidently contracted, and that had wholly failed of
benefit to the people ; property had but a nominal value ;
the resources of the state were undeveloped, and but
little understood, and immigration had almost ceased.
"The constitution was the expression of the determi
nation of the people to meet every obligation, and to
practice the most rigid economy until the claims of the
public creditors were placed in a condition that would
satisfy them. The purpose intended was accomplished,
and the constitution of 1868 will be remembered as an
example of courageous integrity to the enduring honor
of the State of Illinois. . . . The public judgment
is, that the constitution now in force is admirably framed
to correct abuses that had grown up under the former
system of government, and that, if its provisions are
respected, it will secure to the state an efficient, econom-

318 THE STORY OF AN EARNEST LIFE.
ical administration of its affairs, and fully protect every
public and private right. But, as well founded as these
expectations are, it will ever remain true, that a self-
executing constitution has not been devised by human
skill, and, if such an instrument could be created, it
would be Avithout value, for it is of the essence of a free
government that it exists, and is preserved by the in
telligent assent and the active, vigilant, organized will of-
a free people."
"The forms of popular government may escape sub
version, but it will practically perish when the people
are unable to confide in the integrity and wisdom of
those whom they are compelled to entrust the execution
of its powers, and, hence, the officer who justly forfeits
the confidence of the people is as dangerous to the wel
fare of the state as if he had treacherously assailed its
existence. . . . Indeed, all the laws of the state, in
respect to elections, demand careful examination, with
a view of such improvements as will render them a more
complete protectioa to the purity of elections.
I am free to confess that no complete reform, with re
spect to this subject, can be expected, until public senti
ment shall concur with legal enactments, and make
those who offer and those Avho receive bribes alike in
famous, . . . and provide that the use of corrupt
means to secure an election, whenever discovered, shall
work a forfeiture of the office, and also incapacitate both
parties from voting or holding office thereafter in this
state. I alluded to the apportionment for members of
the legislature as provided in the thirteenth section of
the schedule of the constitution. I said, in regard to
the compensation of public officers that, 'I think it is
proper to say that in my judgment every public of
ficer should be paid a fixed salary, and that the whole
system of compensation by fees, to be collected from
parties, or counties, or from the state, ought to be at
once abolished. ... In addition to penalties to be
imposed upon officers guilty of violations of such laws,

VETO MANY BILLS. 319
I repeat the recommendation, that hereafter no fees or
costs be taxed or allowed for the services of any public
officer, but that Avhatever sum or sums it may be thought
judicious to require to be paid by persons for the ser
vices of public officers, shall be deemed a tax, and be
paid under suitable regulations into the proper treasury ;
the fees of clerks and sheriffs heretofore charged against
litigants can, by a proper classification, be commuted to
a fixed sum, and paid into the county treasury, upon
certificate of the clerk. A form of special tax, to be
levied upon administrations and other matters within
jurisdiction of the county court may be devised, while
the tax imposed upon suits in the supreme court, may
be paid into the state treasury.' "
I referred in my message to the expenses of the gen
eral assembly, and said: "Unless great attention is
given to the matter of the expenses of the legislature,
the members will at the close of the session be surprised
at the aggregate amount. The amended constitution
provides that 'no money shall be drawn from the
treasury except in pursuance of an appropriation made
by law, and that no money shall be diverted from an ap
propriation made for any purpose, or taken from any
fund whatever, either by joint or separate resolution.'
It Avill therefore be necessary for the general assembly to
provide by law, for the necessary expenses of the ses
sion. . . ."
With respect to special legislation, I said: "The ag
gregate number of bills introduced in both branches of
the general assembly was two thousand, tAvo hundred
and seventy-eight. Of these upwards of fifteen hundred
became laws ; and those that are special and local alone,
are bound into three ponderous volumes that contain
two thousand, eight hundred and forty-three printed
pages. It is doubtful if any such mass of crude and
dangerous legislation was ever inflicted upon any people . ' '
In regard to municipal legislation, I said, speaking of
the statute then in force : "Many of its provisions are

320 THE STORY OF AN EARNEST LIFE.
vague, and others unconstitutional, and the whole law
is in my judgment wanting in that symmetry and com
pleteness which is essential to the usefulness of a statute
that is to be the constitution of every municipal body in
the state."
With reference to railroad corporations, it was said in
the message : "Every railway corporation organized or
doing business in this state, under the laws or authority
thereof, must maintain an office in this state for the
transaction of its business. . . . The usefulness of
railways and the extent of their beneficial influence upon
the well being and prosperity of the country, are not de
nied. . . . But the duty and the power of the state
to interfere for the effectual control of railway corpora
tions is disputed. Those who deny the necessity for
state interference insist that all the evils of excessive
tariffs and unjust discrimination for rates for transpor
tation, will be ultimately corrected by the competitions
of different lines of raihvays, in their efforts to control
the business. Competition is far more expensive than
direct methods of legal control. The grossest oppressions
that burden the people grow out of the fierce and ex
hausting railway competition at important points where
their interests come in conflict ; and one of the strongest
reasons for the interference of the legislature to control
the management of railway lines is, that the burdens of
the useless competition of different lines is thrown upon
intermediate points where competition is impossible.
Deprive railroad corporations of the power to impose dis
cretionary rates upon their traffic, and the business com
munity would suffer far less from the selfish contests of
competing lines, that in their effect unsettle values, to
the confusion of business and the disappointment of the
most prudent commercial calculations.
"... But the difficulties that occur to my
mind, do not relate to the power of the state to enact
and enforce proper laws, but they groAV out of the com
plex nature of the subject. There are conflicting inter-

VETO MANY BILLS. 321
ests to be reconciled and adjusted, and nothing within
the sphere of governmental action requires more deli
cacy of management than Avhat is termed railway prob
lems .... My apology for the extended discussion
of this question is, that the people of the state in the
adoption of the amended constitution have imposed upon
the general assembly duties of the highest importance,
and doubts as to the power of the state to control rail
ways have had and will have effect to produce timidity,
hesitation and feebleness in its councils.
"To maintain the usefulness of the state governments,
it must be established that their powers are in no sense
subordinate or dependent, but that, under our political
system, the grasp of the states upon their own proper
functions is as firm and uncontrollable as that of the
government of the United States ; that each are essential
parts of our admirable political system, and their orbits
in that system being defined, they are each supreme
and alike indestructible."
With references to warehouses, I said, "that ware
housemen are like carriers, engaged in the public em
ployment, . . . and the magnitude of the task will
be assumed by the state in attempting to subject rail
ways and warehouses, and the individuals and corpora
tions that own, operate and manage them, to that degree
of legal regulation and control that is demanded by the
public interests, rendering it necessary to create a board of
commissioners, to whom the duty of enforctng such laws
as may be enacted for that purpose may be confided, and
the commissioners should be clothed with all the need
ful power, when the occasion demands, to compel sub
mission to the authority of the state."
"I referred to the subject of 'eminent domain,' which
involves the right of the state to take private property
for pubic uses. . . . After adverting to the j udiciary
and criminal justice, of which I said, 'the employment
of detectives, in aid of the enforcement of the laws, is
21

322 THE STORY OF AN EARNEST LIFE.
painfully suggestive of a rapid approach to social and
political helplessness, where the people, without confi
dence in the laws of the land or in the agents appointed
to execute and enforce them, surround themselves with
spies and eagerly await the coming of a master, who, by
his own vigor, wUl give protection to their persons and
property.' "The recognized existence of a class of persons, self-
appointed, who take no oaths and give no bonds to se
cure their fidelity to the laws, or to indemnify parties
they may injure, whose authority to pursue, watch and
arrest seems undefined, and whose jurisdiction is with
out boundary, is an anomaly in a land of law. If
necessary, they should be licensed or commissioned and
subjected to control; if useless and mischievous, as I
think they are, they should be repressed."
I spoke of the subject of pardons, as intimately re
lated to the administration of criminal justice, and said :
"Criminals of one class are able to employ the influence
of persons of the highest stations, while those of another
will rely upon the poAverful intercession of a wife or
mother, or the almost irresistible agency of homeless,
ill-clad children, whose wretched condition is an appeal
that can hardly be resisted, except in cases of the worst
of men.
"In cases like these, compassion will sometimes con
fuse or overcome the judgment, and others present them
selves where justice and public policy alike dictate par
dons . " . . . I gave a list of the names of the persons
pardoned by me, and stated that the number of pardons
granted from January 11, 1869, to January 11, 1870, is :
"From penitentiary, .... 108
From Bridewell (Chicago) , . 1
From reform school, ... 2
From county jails, ... 7
Total,  118

VETO MANY BILLS. 323
"Number of pardons from January 1, 1870, to Janu
ary 1, 1871 :
"From penitentiary, .... 60
From Bridewell (Chicago) , . . 1
From county jails, .... 5
Total, .... 66
"It is due to candor that I should say that in some in
stances, I have granted pardons on account of a con
viction that the provision made by law for the defense
of the poor and friendless, charged with the commission
of crimes, is not equal to the civilization of which we
boast." In my notice of the state finances, I said : "The report
of the auditor shows that the whole state debt, outstand
ing, on November 30, 1879, was $4,890,937.30, and there
is in the state treasury, applicable to the payment of the
public debt, $3,082,104.22 ; the balance of the state debt,
over and above the sum named, is therefore $1,808,833.08 ;
this comparatively small balance will be provided for
without any additional taxation. ... I commend
the suggestion of the treasurer, as to the payment oi
the state debt in coin, to your favorable consideration.
" . . . The report of the auditor suggests that diffi
culties have arisen in the practical execution of 'An act
to fund and provide for paying the railroad debts of coun
ties, townships, cities and towns.' . . . The whole
law, its principles and details, are, in my judgment, vio
lative of the just theories of taxation and the constitu
tion of the state, and has been, in practice, a 'delusion
and a snare' to the people. The proper course to be
pursued is to repeal the law at once.
"It has been settled that one of the most difficult
achievements is a satisfactory revenue system ....
It is provided for in the eleventh article of the constitu
tion, that every person and corporation shall pay a tax

324 THE STORY OF AN EARNEST LIFE.
in proportion to his, her or its property, which is, in
substance, but the just rule of equality of taxation.
"The third section permits the exemption of property
used for certain purposes from taxation, but the exemp
tion must be made by general law. . . . The ex
emption of property from taxation is against common
right and of doubtful policy. ... To enumerate all
the laws made void by the provisions of the constitution,
is unnecessary, but it is proper to observe that they de
feat all laws exempting the property of any district from
taxation, all laws appropriating the taxes of districts to
uses of persons or corporations, all laws that impose taxes
upon the inhabitants of municipal corporations for cor
porate purposes, and, also, all laws that authorize or re
quire persons appointed by the general assembly to levy
or impose taxes for municipal purposes."
With respect to public education, I paid a just com
pliment to the teachers of the public schools, and further
remarked : "The duty of the general assembly is defined
in the clear and precise language of the first section of
the eighth article of the constitution to be, to 'provide
a thorough and efficient system of free schools, whereby
all the children of this state may receive a good, common
school education.' The duty is imperative, and extends
to all the children of the state, without distinction of
race or color. . . . Happily for the future peace and
welfare of the country, odious discriminations on account
of color have been blotted out of our political system, and
the anti-republican prejudices that have heretofore been
sufficient to defeat the demands of a portion of the peo
ple for equality of political and legal rights, have passed
away with the system of slavery, and none now deny the
duty of the state to provide for the education of all."
On the seventh anniversary of the preliminary eman
cipation proclamation, I addressed the colored people of
the city of Springfield, at a celebration, as follows :
"My country-men and country-women — I came here
to-day without any expectation of speaking to you. I

VETO MANY BILLS. 325
saw, in reading the morning paper, that Mr. Herndon
and Mr. Cullom were to make speeches to you, and I
came to hear them, and to determine something of your
numbers, and to note the progress you have made in the
direction of improvement, in intelligence and in the ac
quisition of the qualities that constitute good fathers,
good mothers and good citizens ; and I feel warranted,
by your appearance and conduct to-day, in saying that
your progress has been such as more than satisfies the
hopes and predictions of your most sanguine friends.
"To fully realize what you have gained, it must be re
membered that only seven years ago to-day was inaugu
rated the plan of your emancipation.
"When, on September 22, 1862, Mr. Lincoln issued
his warning proclamation, threatening emancipation, he
only intended by that menace to startle that portion of
our people who were in rebellion into submission to the
authority of the government.
"Many thought that proclamation unwise and dan
gerous, and others denounced it as revolutionary and
even wicked. He only declared that he would declare the
freedom of your race in certain states and parts of states,
if, before January 1, 1863, the people in the districts in
dicated did not lay down their arms . The great resolve
of the president of that day, who is the quiet sleeper
near us noAV, as much as it meant as an utterance of his
fixed determination, only prepared the way for coming
events, and when, on the ever-to-be-remembered first
day of January, 1863, Mr. Lincoln ordered the free
dom of more than two millions of bondmen and bond
women, the lines of the Rebels against the government
were so advanced that the actual situation of the great
body of the slaves was in fact unchanged. It required
many painful marches, many bloody battles, that cost
many thousands of precious lives, to give full effect to the
resolve of the American people that slavery should en
dure no longer ; and it was only when the flag of the re
bellion, which was also that of slavery, went down on

326 THE STORY OF AN EARNEST LIFE.
the north bank of the Appomattox, that the principle
was firmly established, and freedom was made the corner
stone of the restored republic. Nor, indeed, did the
overthrow of the rebellion entirely destroy slavery, for
Mr. Lincoln's proclamation only applied in terms to
what were called the insurrectionary states, and to Ken
tucky and Delaware, both of Avhich were nominally loyal
to the Union, still asserted the right to hold men and
women in bondage ; and I had, as military commander
of Kentucky, the rare good fortune, as late as July 4,
1865, acting in the name of the national government, to
loose the last shackle of the last slave, and to drive the
last nail in the coffin of the monster that had lorded it over
all so long, and had filled the land with gloom and sad
ness and mourning. A little more than four years has
passed since slavery ceased, and your race was born
from chattelhood to man and womanhood. Nor can it
be said that until long after the proclamation of Mr.
Lincoln was issued, did men realize the fact that you
were free, or that you were to be made free at once and
without preparation.
"I can speak for myself, and candidly confess that
though I had hated slavery from my earliest childhood,
and had regarded it always as the sum of all villianies,
as dishonoring God and degrading to man, I had taught
myself, and years ago when I argued here in Springfield
for the colonization cause, attempted to teach others that
your race was not prepared for freedom. I, like thous
ands of others, felt and spoke of a period of preparation —
of probation, by which you were to be made free slowly
and gradually ; that you were to pass by almost in
sensible degrees from slavery to freedom — from darkness
through dawn, to the perfect day of liberty. We were
as earnest and yet as wise as the good mother who did
not intend that the son of her love should approach the
water until he had first learned to swim !
"We did not then know, as we do noAV, that slavery
and freedom are so positive ; that they cannot occupy the

VETO MANY BILLS. 327
same ground ; that every man and every woman must
be altogether free, or all a slave, and that the only way
of preparing men for freedom is to make them free . Nor
were you prepared to assert your claim to liberty with
confident boldness. Your old men had dreamed dreams,
and your young men had seen visions of the coming day,
but you did not realize that it had come. You had been
for centuries in the grasp of a system as blighting as
death — a system which had received the commendation
of statesmen and moralists, and had the approval of the
God of some systems of religion, if those who claimed to
teach in His name are to be believed. In the slave
states you had no homes, no wives, no husbands, no
children you could call your own, and the faintest trace
of African lineage was the badge of slavery, disgrace and
humiliation ; and here in Illinois you were more than
aliens, for they might become citizens, but you were
gravely defined by lawyers to be only perpetual inhabit
ants and strangers. It is perhaps true all had felt that
eager longing for liberty, that inextinguishahle desire
for freedom that God has implanted ineradicably in the
very nature of all things that He has endowed with life.
But with most of your race this desire was only awakened
to be quickly repressed by the conviction that the white
race were so much your superiors, so unlike yourselves,
that liberty was unattainable ; indeed, false religion, and
fraud, and falsehood in all forms were so combined with
power that you were held inclined to doubt whether with
a good conscience you could desire freedom, and you
knew that if you attempted to grasp it every hand would
be against you. And though we were the blind instru
ments of your emancipation, we did not make you free.
It is true, and must be confessed, that so little did the
great body of the anti-slavery men understand the signs
of the times, that the event of emancipation burst upon
us with stunning suddenness. Many of us had fought
battles, and faced death in support of the government,
and of our convictions, but Avhen the great consumma-

328 THE STORY OF AN EARNEST LIFE.
tion was reached, we knew that the Ruler of nations
had only led us on, and that as He in the beginning
had said, 'Let there be light, and there was light,' so
His voice had proclaimed, let there be liberty through
out all the land, and the shackles fell from every limb,
and the great fact of freedom on this continent was estab
lished forever.
"And to do those who oppose your emancipation jus
tice, they were only a little more blind than we were.
Some of them loved slavery, it is true, but the great
body of them, who in the North resisted emancipation,
only dreaded freedom. But, now you are free, we re
joice, and all acquiesce, and with freedom to you comes
new, and grave, and most solemn responsibilities.
"While you were slaves, you did not own, and did
not dare to claim your own husbands, your own wives,
or your own children. But now all these are yours.
Before, you were all for the slave-market and the auction-
block. Then, if the slave-mother clasped her child to
her breast, or leaned over its scanty bed in sickness,
and agonized and prayed that it might live, she knew
that it was not her own, but that the master, at the dic
tates of necessity, caprice or the most unholy avarice,
might tear it from her arms and hide it from her sight
forever. No law forbade it, and holy men vouched
scripture for the deed. But your children have been given
to you a second time, and how solemn are the responsi
bilities this double gift imposes upon you ! And as you
love your race, your children and yourselves, you dare
not disregard them ; you must rear your children well,
and to do this you must gather them about you, and
you must have homes. The family is the foundation of
society, and homes are essential to the existence of an
intelligent, virtuous, well ordered family. I repeat, you
must have homes, where you can shelter those you
love, and where you may teach your children to love
the father's house — homes, forever humble, but your
own homes, that you may improve and adorn them. I

VETO MANY BILLS. 329
know that Avhen you were led out of captivity, unlike
the chosen people of the Most High, you were not per
mitted to enrich yourselves with the spoils of your mas
ters, but you came forth naked and destitute.
"But you are free, and inhabit a country which may
not, like the promised land of the Jews, flow with the
typical 'milk and honey,' but which ought to satisfy all
the desires of an industrious, frugal people, where labor
is abundant and its rewards are sure. You can wrork.
The problem which puzzled our Southern friends so long
has been solved : 'The nigger will work.' And work to
do, and pay for it, is enough for any of us.
"You are in possession now of all any useful man re
quires, the right to labor, and to enjoy what you produce.
Go forth, then, and get homes, for a homeless race can
not progress in civilization or refinement. Educate your
children. Instill into their minds virtuous principles.
The facilities for education are all around you ; schools
are provided. Avail yourselves of them, and in a few
years your slavery will only be remembered as a dream,
and will be mentioned to illustrate the extent that one
race, amid the blaze of Christianity, civilization, and re
finement, can practice oppression and wrong, and the
patience with which another can endure them. Nor can
any of the rights that belong to other citizens be much
longer withheld from you. Intelligence and property
will command respect. The story told of one of your
own race illustrates this. He was asked : 'What church
do you belong to?' 'None — I quit 'em. Year before
last, I belonged to the church, and gave them ten dol
lars, and den they called me "Brudder" Smith. Last
year I did n't make so much money, and could give only
five dollars, and den dey called me "Mr." Smith. This
year my wife was sick, and I could n't give any thing,
and den they called me "dat ole nigger" — and I
quit 'em.' Remember that in proportion to your suc
cess you will be respected — and, then, you must vote.
I do n't know if suffrage was only conferred that men

330 THE STORY OF AN EARNEST LIFE.
might take part in prescribing rules for the government
of the country, but that it would be best that only the
wisest, if Ave knew how to select them, should enjoy or
exercise the right. But that is not the ground upon
which I insist that you and every other citizen shall
have the right to vote. Suffrage is the most powerful
and most valuable weapon of defense. Officers rule over
you now that you did not select. They tax your labor
and defy you. What difference does it make to the gov
ernor Avhether he protects the colored citizens or not, or
to the member of congress, or of the state legislature,
who, by their votes, bind your person to duties or mort
gage your property for the payment of burdensome
taxes, or to the police officer who huddles you into jail
or knocks you down for some imaginary offense against
his own dignities ? Whether you approve their conduct
or not, you cannot vote. But concede to the colored
¦citizen the right to vote, and suddenly all is changed.
The governor, the member of congress and of the legis
lature suddenly discover your value. They become
polite to your person and thoughtful of your interests,
for they will want your good will and your vote. The
police officer becomes deferential — he anxiously inquires
as to your health and that of the lady, your Avife, or
after the prosperity of your interesting children. And
why this extraordinary courtesy? His master, the
mayor, wants your vote ; and the country needs and must
have your vote for yourself. Hereafter the inquiry will
not be, what is the color of the voter, but what are his
duties ?
"The body of your people in this country are poor
and are homeless and landless, and must for years be
laborers, and these interests Avill unite them with the
white men whose mission is toil. Heretofore, the class
of white men called laborers have exhibited less sym
pathy for you than have others ; but the antagonism
which prejudice has occasioned will soon disappear, for
they must at no distant day discover that they and you

VETO MANY BILLS. 331
are burdened by the same taxes and are alike oppressed
by misgovernment ; that you and they are the victims
of the grasping demands of the same landlord ; that you
hunger alike, and that you and your children suffer and
die from the same diseases that bring desolation and sor
row to them.
"From the necessities of the case, the colored men of
the United States must ally themselves with the workers
of the country ; nor can they, unless they are unwise,
reject the powerful support your numbers will furnish
them. You will naturally unite with those whose in
terests are like your 's, to resist every encroachment upon
the rights and liberties of the people, whether they are
threatened by organized wealth, which seems to riot in
uncontrollable license, or from the corruptions of those
in power. You may be ignorant, but it rests with you to
determine how long you will remain so. And ignorance
of many things does not always incapacitate men to form
intelligent opinions with respect to others.
"I think the best statement of the office and value of
suffrage I have ever heard was given to me by a man of
your race, who had spent the whole of his life upon a
rice plantation on the shores of the Atlantic in North
Carolina. After examining him as a witness before
a court martial, as much for amusement as anything
else, I said to him, 'Sam, if you had the right to vote,
how would you vote?' He answered me by saying, 'I
would vote according to my "intrust" if I knowed what
that was ;' and, let me tell you, that is exactly the reason
why a vote is valuable. That you may protect the
precious interests that belong to you as husbands and
fathers and laborers and citizens, you will vote accord
ing to your interests ; and it will be to your interest to
restore the government to its ancient simplicity and
cheapness ; to relieve the labor of the country from its
burdens ; to give perfect protection to persons and prop
erty ; to resist extravagancies and the qualities that have
the sanction of bad laws.

332 THE STORY OF AN EARNEST LIFE.
"And I repeat, you will vote, and will soon vote. The
fifteenth amendment will, I believe, be adopted — not in
time to secure the recognition of your right to vote at
the next election, but you will vote at the next presi
dential election. All parties are committed to it. We
have crossed the river, and will never go back. And if
the fifteenth amendment is rejected, you will still vote,
for I am well satisfied that the constitution as it is and
that of the State of Illinois, when interpreted by states
men in the light of the great revolution in your condi
tion and in that of the whole country and according to
the spirit of the age in which we live, establish your
right to vote.
"In my judgment you are citizens with all the capaci
ties that belong to others. I believe that you have the
right to vote, and are now eligible to office ; and if any
colored citizen was recommended to me by the people
who are interested, as the most suitable person to fill
any office that comes within my limit or my power of ap
pointment, I should not doubt his eligibility, and would
not hesitate in acceding to their Avishes.
"We are now all citizens; the great contest is over,
and we must unite and put forth all of our efforts to ad
vance the prosperity of this great and free republic, and
to promote the happiness of all of its people."
The following oration was delivered at Oak Ridge
Cemetery, May 31, 1871 :
"Citizens — We have been invited to-day to aid in
dedicating this structure to be a memorial of a man that
the people of this state honor and revere ; and we have
visited the quiet spot where he slept all that time has left
of William H. Bissell, the soldier, the statesman and pa
triot, and have lovingly borne his remains to this place,
and have deposited them here, no more to be disturbed, that
this beautiful work may hereafter perpetuate his name
and honor his memory. This solitary monument is to

VETO MANY BILLS. 333
stand in this city of the dead, a voiceless yet impressive
witness that a great man has fallen, but he is not for
gotten by his countrymen — while the inscriptions cut
into solid marble testify at once to the brevity and no
bility of his shining and useful life.
"You have done your work, but there remains to me,
as successor to his office and his public duties, the diffi
cult task of speaking of his life and his acts, in such fit
and appropriate terms as will not offend against taste,
nor do an injustice to the memory of the dead, but will
afford profitable lessons for the guidance of the living.
' ' Fellow-citizens — I bespeak your charitable indulgence
while I attempt the proper performance of my responsi
ble and delicate duties. You do not expect me to under
take a recital of such facts in the life history of Governor
Bissell as are common to us all, for as much as you re
vere the memory of his life and cherish his fame, they
will not interest you. He was born, he lived, he died ;
and he shares this brief biography of our race with the
almost infinite millions who in the centuries past were
born, lived and have vanished — of all of these, this much
is all that is or need to be known. Many of these for
gotten ones strutted their brief hour upon 'life's busy
stage,' and were the noble and great of their day; but
now their names and their deeds are lost forever.
"It may well humble the lofty and the proud to
realize that within a few years their names will only be
known to the students of the vanishing past, and none
will care to know when their lives began or when they
ended. "Indeed, the dates of human deaths and births are of
no importance, for birth and death signify but changes
in form of being ; the one is but the incarnation, the
other the release of a soul ; they are alike inevitable, and
in themselves furnish no special lesson for the benefit of
mankind. It is true that the circumstances that sur
round an early childhood, and follow it in its growth,
until it develops into mature life, are of vast consequence.

334 THE STORY OF AN EARNEST LIFE.
No mortal mind can fathom and no words explain
the extent to which lives are impressed and influenced
by the conditions that attend childhood. It will only be
fully known when we stand in the presence of the In
finite, to what extent our example or our neglect has
taught the feet of innocent childhood to stray ; and it is
also true that incidents of death sometimes impressively
demonstrate the complete growth of the most elevated
qualities. 'The end of the righteous is peace.' The
true man at the close of a well-spent life may look into
the abyss that lies before him with confidence that he will
awake in a new sphere filled with labors and duties ;
into a life that has its relations and obligations. He
must resign 'this pleasing, anxious being,' but he will
enter into another possessed of larger powers.
"It is material, therefore, to a proper understanding
of the life of Governor Bissell, that you should be in
formed that he was of 'humble parentage.' These words
we have inherited from our mother country, together
with many of its admirable as well as absurd forms of
thought and expression, and are used to signify that his
parents were simple, honest, God-fearing people. If
they had been wealthy and influential, I would no doubt
have employed the only admissible republican substitute
for nobility by declaring them to have been 'highly re
spectable,' even though they neither 'feared God nor
regarded man.'
"During his childhood, he had before him the parental
examples of industry and frugality and of the honest
painstaking discharge of daily duties. His life com
menced, and his boyhood was surrounded by, such influ
ences and no other ; and none that knew him well will
doubt that they were the foundations of the rules of a
life singularly brilliant and successful, and that would,
under favorable conditions of physical health and con
stitutional vigor, have become eminently distinguished.
Young men of the present day are slow to comprehend
the difficulties that forty years ago embarrassed those

VETO MANY BILLS. 335
who were eager to obtain the advantages of thorough
literary culture. Even in some of the states that are
now overflowing with wealth and population, schools
and higher institutions of learning were comparatively
rare. They were roads, but not royal roads, and Gov
ernor Bissell was able by these agencies to acquire a re
spectable, though, I think, not a thorough academical
education. I do not refer to the circumstances of the
childhood and youth of Governor Bissell to find corrobo
ration for the popular belief that enforced industry and
self-denial in early life are unfavorable to high intel
lectual or moral development, for, contrary to the gen
eral view, I am persuaded that the stern lessons of pov
erty in the modified and softened forms in which it pre
sents itself in our country, are more useful and im
pressive than any that can be imparted in the schools.
The unfortunate young man, possessed of generous
traits, relieved from ill-judged and enervating support,
is permitted to acquire and cultivate the master quality
of manhood, self-reliant helpfulness — a hopeful and en
during confidence in his own capacity to do. This lies
at the foundation of all true success in life, and is learned
only in the field of actual struggle. And the boy Avho is
compeUed to face obstacles and overcome them will enter
manhood with a courage to which all things are possible ;
and though he may in the great battle of life suffer re
verses and occasional defeats, he will win the victory
at last.
Governor Bissell came to Illinois in his early man
hood, a physician, and engaged in the practice of his
profession. I have never thought it to be singular that
a man of his active and ambitious qualities, but acute
and inquisitive mind, should have been at first fascinated
by the study of the laws of life and health, of disease
and death. How marvelous it is that we live and move
and think and love and fear and hate I
"How wonderful it is that we thrill with abundant,
joyous health ! that we tremble and cower at the touch

336 THE STORY OF AN EARNEST LIFE.
of slight disease, and how astounding that death is on
every hand around us, above, beneath, that he conceals
himself in the waters and floats upon the breeze — he
touches and we are no more. Those who knew the
quality and texture of Bissell' s mind Avill readily under
stand the earnestness with which he would labor to
master these mysteries, and that after having learned
that they were all concealed from mortal view, that they
are as unfathomable as Nature herself, he would turn
his attention to other fields of effort. He was elected
to the legislature, and was engaged in public employ
ment with slight interruptions for the remainder of his
life. He turned his attention to the profession of law,
and soon attained a high rank in his new calling. On
the breaking out of the war with Mexico, he was chosen
the commander of a regiment, and during his term of
service, he evinced the possession of high military qual
ities. Soon after the close of the war, he was elected to
a seat in the national congress, and was afterwards
chosen to be governor of the state, the tenth in the or
der of service, and died on March 18, 1860, before the
expiration of his constitutional term, at the age of forty-
eight years.
"How brief this life, and how few are the leading
events to which I have referred ! and yet I have already
declared in your hearing that such a life is to be regarded
as successful.
"Biography is history, and the history of the world is
usually written as if there was nothing worthy to be
chronicled but the rise and fall of the empires, the be
ginning and end of dynasties, and the marches and bat
tles of armies ; and yet these, of all others, are the facts
least worthy to be remembered. Man, under God, is the
universe, and information that his governmental forms,
at different periods, have justified one or some other
designation, furnishes no clue by which the actual con
dition of peoples may be ascertained.
"Emperors and kings have been sometimes the guard-

VETO MANY BILLS. 337
ians of liberty and popular forms of government, on the
other hand, have often been administered by the despotic
and cruel. Armies are but imperfect types of the civiliza
tion of their period, and great battles won in the name
of despotism have often proved to be the triumph of
human freedom.
"The events that constitute the staple of history are
valueless until subjected to philosophical analysis, and
are considered in all their relations and influences ; and,
when this is wisely done, the age to which they are to
be referred stands out before us like a picture, in which
every object preserves its proper proportions. And so it
is in the leading facts in the life history of eminent men.
We may be told that Washington was the commander-in-
chief of the American armies during the war of the
revolution, and that he was afterwards president of the
United States ; but these are the most unimportant cir
cumstances of his grand and sublime life. We are to
be instructed and profited by a history of his minor,
inner life, by a knowledge of all those admirable quali
ties that existed, and, when so happily combined, con
stituted the man who was 'first in war, first in peace,
and first in the hearts of his countrymen.' And those of
us who stand here near the city of Springfield, which was
his cherished home when he lived — and in this solemn
city which is his home now that he is dead — and within
sight of that towering column erected to point to the
pilgrims of liberty who may inquire for the tomb of the
noble martyr where he sleeps, do not, when we speak of
Lincoln, say he was once a member of congress, or that
he was twice elected to the highest place in the gift of
the American people, for we know that these events were
but the result of the qualities that marked him the cen
tral figure in the sublimest events of history ; but we
speak of his modesty, his truthfulness, his fidelity to the
right, his industry, his wonderful wealth of firmness
and courage, his broad capacity, that were so suddenly
22

338 THE STORY OF AN EARNEST LIFE.
developed by the responsibilities of his great place that
they seemed to us like the inspirations of Deity ; his
patriotism and the golden chain of personal excellencies
that cannot be described and that bound all these into
a compact and harmonious whole, so lofty and so great
that it astonished us who knew him best and imagined
we knew all that Avas to be learned of his character.
Men are to be studied and described by their qualities,
their capacities and their trials. In the true portraiture
of their history, events in their lives are only appealed
to as witnesses — acts are but the objective types or re
sults of inner forces.
"I have already mentioned that Governor Bissell
abandoned his early profession for that of law ; for this
field of labor he possessed many natural qualifications.
He was a clear and accurate thinker, and was an honest
thinker, if I may be allowed to use a term that more
properly belongs to the domain of morals, to illustrate
mere intellectual processes. Notwithstanding the rigor
and exactness of all true forms of logical reasoning,
every one has observed that some minds are so radically
oblique, that they cannot perceive or accept, but will
always, though unconsciously, resist the most accurate
deductions of reason.
' ' Such persons are affected by what may be very fairly
termed intellectual color-blindness. The mental eye is
incapable of perceiving some of the rays of light that
contribute to the true color of truth, and they therefore
labor on, all unconscious of their existence. His mind,
at a glance, took into view all the shades of truth, and
accepted logical results as if they were the decrees of
fate. He cherished for the law the most profound re
spect, and, like the sages whose wisdom has made the
profession illustrious, he esteemed the law to be 'the
science of practical justice,' and held that its professors
are bound by the most solemn obligation to maintain
and enforce it. In his view, the law is a shield to the
helpless and a defense to the innocent..

VETO MANY BILLS. 339
' ' Some who are now present will remember when Bis
sell was the representative of public justice, and when
the ablest of the profession esteemed it an honor to be
selected to defend the poor. His antagonists felt as
sured that the claims of the law would be maintained,
but that justice and right would never be disregarded.
Some of his professional rivals live to-day to cherish his
memory ; but others, ah ! how many of them, are alike
gone to appear before the tribunal of the Infinite Judge !
"As a politician, he was earnest and sincere. The
ostensible grounds of political controversy in the earlier
years of the public life of Governor Bissell are but of
little real importance.
"The great conflict that created the Democratic and
Whig parties was over. As early as the year 1840, the
Whig party, upon issues that are not easily explained,
carried the presidential election, and nearly all of the
states, but it perished in the very hour of its triumph, and
in 1844 the Democratic party, under the leadership of Mr.
Polk, captured, and carried into the citadel, with shouts
of triumph, the 'wooden horse,' filled with its deadliest
enemies. "The inauguration of Mr. Polk was foUowed by a
war with Mexico, and the results of the war forced upon
the country the necessity of considering some of the
aspects of the even then dreaded slavery question.
"Governor Bissell, who had borne an honorable part
in the war, was elected by the people of his district to
represent them in the house of representatives in the
federal congress, and early distinguished himself upon
that theater for clearness of views, and for his calm,
though courageous, utterances. He entertained the
opinion that slavery when established or maintained
within any of the states by their own authority, equally
firm in the expression of the belief that it did not exist
and could not be established by federal authorities in any
of the territories acquired from Mexico.
' 'The discussions in congress on this and kindred top-

340 THE STORY OF AN EARNEST LIFE.
ics were attended by the usual explosions of passion
and feeling. Amid all the scenes of these turbulent ses
sions of congress, Governor Bissell bore himself with
that quiet calmness that had characterized him on the
field of Buena Vista. He was courteous to all ; he was
dignified and deferential, but in spite of all this, he be
came involved in an affair that no one who undertakes
to do justice to his memory can pass over in silence.
"For decorous words, calmly and courteously spoken
though in debate, he was challenged by Mr. Jefferson
Davis, then a member of congress from Mississippi, but
afterAvards notorious as the chief of the brief and ill-
starred Southern Confederacy, to fight a duel, and he
coolly and decisively accepted the challenge. Before
discussing the questions of morality and propriety that
are to be considered in determining upon the conduct of
Bissell upon this occasion, I may be permitted to say
that his acceptance of this challenge was with a delib
erate intention to fight. He proposed no unusual
weapons or terms ; he indulged in no useless words. In
this respect, his conduct was characteristic of his life.
"Whether his acceptance of the challenge was justi
fiable or not, depends upon all the attending circum
stances. Personal self-defense is a right recognized alike
by divine and human laws, and that defense is most per
fect that not only repels, but anticipates and prevents
danger. "The war of sections that afterwards summoned mil
lions to the field, had even then commenced, and the chal
lenge of Mr. Davis was addressed, not only to William
Bissell, but to his state and the whole North. Northern
public men, then and afterwards, under the mistaken
belief that the Northern people demanded that they
should not repel insult by the punishment of the ag
gressor, submitted to contumely and outrage to an ex
tent that even now cannot be remembered without a
blush of indignation. It seemed, then, to be demanded
of public men that they should speak freely and assert

VETO MANY BILLS. 341
the right to freedom of speech, but that they should not
employ the only mode possible for its defense . I admit
that the principles of Christianity condemn all forms of
violence not employed within the strictest limits of self-
defense, but I have often felt that the right to employ
force in the vindication of other rights is as sacred and
as necessary as that of personal self-protection.
"At that time it was the purpose of the Southern pub
lic men to subjugate the whole continent to slavery ; and
personal menaces and insults towards members of con
gress from the North and West were the means resorted
to, to give effect to their plans. They trusted in the
efficacy of intimidation, and the challenge to Governor
Bissell was an experiment in that direction, and history
has already testified as to the measure of its success. In
my judgment, under the circumstances that then ex
isted, the acceptance of this challenge was simply the
discharge of a necessary duty to the state. There was no
middle ground. Insults must have been borne or re
sented. Intimidation must have been submitted to or
repelled, and no man ought now to hesitate to decide as
to what was the proper line of duty. But I have con
sumed too much time upon this interesting episode in the
life of the distinguished man whose remains are to be
to-day forever shut out from mortal view.
"Before the close of his congressional term, he was
smitten by that mysterious disease that pursued him
without relenting until the close of his life. In the year
of 1856 he was elected by the people to be the governor
of Illinois, but even before that event which afforded him
gratifying proof of the affection and confidence of his
fellow-citizens, it was manifest to his friends that his
active career was ended. He brought to the administra
tion of the state the resources of a clear and still vigor
ous mind and an earnest purpose to advance the public
weal, but his stealthy foe did not release his grasp, and
on March 18, 1860, quietly removed him from earth.
"I have thus briefly spoken of the dead, but not fully ;

342 THE STORY OF AN EARNEST LIFE.
have presented points in his history and character that
are worthy of study and imitation — and now we leave
these poor remains to rest here in peace until the great
day when he and ourselves shall rise and stand together
before the throne of the Eternal.
"Gentlemen, you who were charged by the state with
the duty of designing this monument, have acquitted
yourselves well. Governor Bissell was the official asso
ciate of some of you and the friend of all — your's has
been a melancholy duty, but on your part one of love.
Accept the thanks of the people of the state through me
for your fidelity to your sacred trust."

THE CHICAGO FIRE. 343

CHAPTER XXIII.
The Chicago fire— Correspondence with Mayor Mason and the Presi
dent—Messages to the general assembly.
I first heard of the great fire in Chicago at Auburn, in
Sangamon county. I had gone to Carlinville on busi
ness, and was on my return to Springfield. After I had
heard something of the extent of the fire, I telegraphed
to General E. B. Harlan, my private secretary, to meet
me at the train, prepared to go to Chicago. He did so,
and I authorized him to draw on me for $5,000, to be
taken from the contingent fund of $10,000 which was
subject to the control of the governor, to be expended by
him for contingent expenses. I instructed General
Harlan to report to the mayor of Chicago. He did so ;
reached Chicago at 10 o'clock p. m., and without delay
reported to the office of the mayor, but was told that he
had gone to his home. He again visited the office of
the mayor the next morning and met him, and upon in
formation obtained there as to the public necessities,
drew upon me for $5,000 to be applied to the relief of
the sufferers. At about one o'clock on the same day
(October 9th) , I telegraphed to the mayor the following
dispatch :
"To Colonel R. B. Mason, Mayor of Chicago — Shall
I send food for your people ? Answer ; tell me what I
can do. John M. Palmer."
At two-forty o'clock I received from the mayor the
following answer : "Chicago, October 9, 1871.
"To John M. Palmer — We want bread, cheese and
cooked provisions ; also tents for the houseless.
"R. B. Mason, Mayor."

344 THE STORY OF AN EARNEST LIFE.
I at once caused two thousand hand-bills to be printed
and circulated throughout Springfield, calling for contri
butions, and from purchases made by me and from con
tributions made by the people, I was able by eight
o'clock to telegraph the mayor :
"Springfield, October 9, 1871.
"R. B. Mason, Mayor of Chicago — Three carloads leave
here at ten o'clock ; others follow to-morrow. Do you
need potatoes, flour, etc., or can you buy better there if
money is sent. John M. Palmer."
On the morning of October 10th, finding that tele
graphic communication with Chicago was suspended,
and having no report from my secretary, I drew the
sum of $2,000 from the treasury of the state as part of
the contingent fund, and forwarded it to Mayor Mason
by Rev. F. H. Wines, secretary of the board of public
charities. At twenty minutes past one o'clock of the
same day, I received the foUowing dispatch from Gen
eral A. Stager : "Chicago, October 10, 1871.
"To Governor Palmer: Sir — The fire spent its fury
in all directions yesterday afternoon after completely de
molishing all the business part of the city on the south
side north of Harrison street. Everything gone on the
north side from the river and lake to Lincoln Park ; gas
and water stopped. Great consternation and anxiety ex
ists on account of the presence of roughs and thieves,
who are plundering in all directions. Two incendiaries
shot last night while in the act of firing buildings in the
south side of the city. Strong southerly wind has pre
vailed since Saturday night ; at times blows a gale. A
little rain fell last night. The mayor is now organizing
a patrol ; the poor and houseless are suffering."
I knew that General Stager was connected officially

THE CHICAGO FIRE. 345
with the telegraph lines and would receive my dispatch.
I immediately answered him :
"Chicago, III., October 10, 1871.
"General A. Stager : Sir — Please inform the mayor
that if the presence of organized forces is necessary for
the preservation of property and order, I will at once
send two or three well-organized companies into Chi
cago. Thanks for your dispatch. "John M. Palmer."
At half-past four o'clock, he replied :
"October 10, 1871.
"To Governor Palmer : Sir — The mayor requests me
to say to the governor to send men immediately by special
train to report directly to the mayor, at No. 365 Michigan
avenue. Anson Stager."
On the receipt of the last dispatch from General
Stager, I directed the adjutant-general, Colonel Dilger,
to issue the telegraphic orders to officers of organized
militia that are appended to this report, marked 1, 2, 3, 4.
I at once prepared and issued the call for a special
session of the general assembly to meet on October 13th,
and telegraphed the call to members of both houses,
and also addressed a letter to the mayor of Chicago in
the following words .
"State op Illinois, Executive Dep't.
"Springfield, October 10, 1871.
"Colonel E. B. Mason : Dear sir — Colonel H. Dilger,
adjutant-general, will leave here this evening with one
company of militia and one thousand muskets. He will
also, after reporting to you, organize for the preservation
of order in your city. Colonel Dilger is an old soldier,
has served under my eye on the field, and will preserve

346 THE STORY OF AN EARNEST LIFE.
order at all hazards. He has orders to enforce law, and
has muskets enough to do it effectually.
"Respectfully, John M. Palmer."
The adjutant-general left Springfield at nine o'clock
p. m., and reached Chicago at four o'clock on the morn
ing of Wednesday, October 11th, with about two hun
dred well-armed men and two hundred and fifty muskets,
and had one thousand additional muskets with ammuni
tion , boxed, to be sent after him . Immediately and as early
as six o'clock, he called upon the mayor, and at his re
quest within a few minutes afterwards reported to Lieu-
tenant-General Sheridan ; and as other troops had in the
meantime arrived, at eight o'clock he had three hundred
and fifteen men on duty, and by four o'clock in the after
noon, he had five hundred and sixteen men well organ
ized under the command of skillful and prudent officers
and one battery of four guns, ready to enforce the laws
or suppress disorder, and he could, within a few hours,
have easily increased his force to two thousand men, if
necessary. During October 10, 1871, 1 continued to exert
myself to procure supplies for the destitute, and ad
dressed to the mayor the following additional dispatch :
"Springfield, October 10, 1871.
"To E. B. Mason, Mayor of Chicago — Two car loads of
bread, crackers, cheese and cooked meats left here for
your sufferers last night ; two car loads of potatoes and
one of bread and meat, cooked, will leave here this
morning. John M. Palmer."
On the 11th of October, anxious for a class that are
forgotten in time of excitement and confusion, I ad
dressed to the Hon. Elmer Baldwin, chairman of the
board of state charities, the following dispatch :
"Springfield, October 11, 1871.
"Hon. Elmer Baldwin, Chairman of Board of Public
Charities — Had you not better go to Chicago and see that

THE CHICAGO FIRE. 347
the ordinary objects of charity are not forgotten? Mr.
Wines is there. Report the results of your visit.
"John M. Palmer."
At ten o'clock in the forenoon of the same day, I re
ceived from the adjutant-general the following dispatch :
"Chicago, October 11, 1871.
"To Governor John M. Palmer — The rumors re
ceived yesterday were exaggerated. The mayor did not
know about the dispatches for troops ; referred me to
General Sheridan, who desired me to march the men
through town for the moral effect ; he has seven hundred
United States troops here. I am waiting for your orders
at Chicago and Alton depot. No more arms needed.
"H. Dilger."
I was delighted with the information furnished me,
and at once addressed to Lieutenant-General Sheridan
the following dispatch :
"Springfield, Illinois, October 11, 1871.
"Lieutenant-General P. H. Sheridan, Chicago,
Illinois — Please inform me of the number of troops or
dered into Chicago by you on account of the fire and
that are now on duty in the city? Thanks for your
promptness. John M. Palmer."
I felt proud of the people who had suffered so much
and had behaved so nobly, and, anxious to relieve them
from the presence of even citizen soldiery, I ordered the
one thousand muskets that were still in the depot at this
place (Springfield) to be returned to the arsenal, and
telegraphed General Dilger the following order :
"Springfield, October 11, 1871.
"To Colonel H. Dilger, Chicago, Illinois — If your
services are not required, return as soon as you can.
"John M. Palmer."

348 THE STORY OF AN EARNEST LIFE.
I think it proper at this point that I should say that I
do not believe that the least necessity for the employment
of military forces in Chicago existed. During the night
of the 8th of October and all of the 9th, while the fire
stUl threatened to destroy the city, on the day and night
of the 10th, while the streets were filled with the hun
gry and the homeless, the police, supported by a single
battalion of state militia, who had tendered their serv
ices to the chief of the city police on the 9th of October,
preserved order and enforced the law.
The only dangers that have threatened the tranquillity
of Chicago were the fears of a part of its inhabitants,
coupled Avith a distrust of the authorities provided by
law. Some time during the afternoon of the 11th day
of October, I received the following dispatch from Col
onel Dilger : Chicago, October 11, 1871.
"To Governor Palmer — The city council and Gen
eral Sheridan desire me to say that your presence here
would have a very good effect. The city is, so far,
quiet. I take charge of the north side, with our Spring
field boys ; they behave very well.
"Dilger, Adjutant-General."
At nine o'clock on the same day, I received from
Lieutenant-General Sheridan the following answer to my
dispatch to him :
"Headquarters Mil. Div. op Mo., Oct. 11, 1871.
"Governor John M. Palmer, Springfield, Illinois —
Seven companies of the United States troops are here,
or coming, and a regiment is being organized for twenty
days' service, from the old soldiers of the city, which I
think will be ample. Shall keep your volunteers for a
day or so. Thanks for them. P. H. Sheridan."
Before receiving General Sheridan's answer, I had de
termined to go in person to Chicago, and accordingly

THE CHICAGO FIRE. 349
took the first train, and reached there about eleven
o'clock in the forenoon of the 12th, and called upon the
mayor. At my interview Avith him, he assured me that
the city was quiet, and being anxious about the position,
as well as the comforts of the troops then in the city
under my orders, I called upon Lieutenant-General Sher
idan, and in his presence received the report of the ad
jutant-general and of Mayor Beardsley, of Rock Island,
in whose judgment I had great confidence, and he con
curred with their statement that quiet and order pre
vailed throughout the city, and I left with the expecta
tion that the militia would at once return to their homes,
and that the regular troops then in the city would be
withdrawn when convenient.
Under these impressions, I left Chicago at nine o'clock
p. m. of the 12th, to meet the general assembly, which
was expected to assemble on the 13th at noon.
The general assembly convened on the 13th, but ad
journed to meet again on the 15th, to legislate for Chi
cago. In the meantime, most of the members visited
Chicago, and saw for themselves the extent of the rav
ages of the fire.
On October 16, 1871, I transmitted my message to the
general assembly, in which I attempted to describe the
great conflagration, but confess the poverty of the at
tempt. I said that "on the 8th day of the present month,
a fire broke out in the city of Chicago, which in a few
hours destroyed a large portion of the city. It is use
less to attempt to describe the awful and saddening
spectacle of the most wealthy and populous portion of
our great city. The destroyer came suddenly, and un
der circumstances at once calculated to impress us with
a sense of our littleness.
"Chicago is situated on a great lake, it is intersected
by a river. It was provided with all the means of pro
tection against fire that are the products of the united
efforts of advanced science and skill of modern civiliza
tion, yet in the presence of the destructive element men

350 THE STORY OF AN EARNEST LIFE.
Avere powerless, and it pursued its course until noth
ing was left for it to destroy. In the course of this re
markable conflagration, which has already taken its
place in history with the greatest calamities that have
afflicted mankind, the flames, with unexampled fury,
swept over the eastern part of the devoted city, de
stroyed many lives, consumed churches, hospitals,
schools, dAvellings, warehouses, stores, bridges and
structures of every kind. Everything perished at their
touch, and whole wards of the city were left without a
house or an inhabitant.
"No reliable estimate of the number of lives lost can
as yet be made, but the amount of property destroyed
is estimated at three hundred miUion dollars. In view
of the circumstances, I felt it to be my duty to convene
a session of the general assembly, and accordingly, on
October 10th, I issued the proclamation which I have
had the honor to lay before you. . . . The first
question to be decided by the general assembly, after a
careful review of the situation, is, what can be done for
the relief of the people, and for discharging the duties
of the state?
"In finding an answer to this question, there are
some difficulties and causes of embarrassment that are
yet to be stated, and these are, that the court-house,
jail and public offices and records of Cook county are
destroyed. The tax-books are consumed, so that the
collection of unpaid taxes cannot without great difficulty
be enforced. The courts are powerless. The utmost
confusion as to the titles of land must soon prevail. All
the offices and most of the records of the city of Chi
cago are lost ; still the question, what can be done by
the state? presses for an answer, and all the wisdom, ex
perience and patience of the general assembly is invoked
to furnish a full, complete and satisfactory response.
"The general political proposition, that that govern
ment is to be regarded as the best that interferes with
the people the least, will remain forever true, and ex-

THE CHICAGO FIRE. 351
perience has conclusively shown that intelligent men
and women are, under all ordinary circumstances, more
capable of providing for their own wants, managing their
own affairs, and regulating their own conduct, than
any government can be, however organized or admin
istered. "It seems to me, then, that the people of Chicago and
Cook county who have suffered losses require nothing
from the state but to be left free to employ their unexam
pled and unbroken energies to the great Avork of rebuild
ing their homes. They need no loans or gifts from the
United States or the State of Illinois, and unless I
greatly mistake them, they will ask no more than that
the state shall assume the discharge of its OAvn proper
duties and relieve them from burdens that from their
peculiar situation were always heavy, but have been
cheerfully borne, so that they may be left to apply all
their resources to their own great task.
"It is primarily the duty of the state to provide for
the poor, the blind, the insane, and all other helpless
classes, and for the enforcement of its laws everywhere
within its limits. It is also its duty to provide for the
construction of highways, building bridges and the sup
port of schools. The State of Illinois has always recog
nized the obligations of these duties, and for the more
convenient performance of many of them, counties, town
ships, cities, towns and other organizations have been
established by law. They are but parts of the machin
ery employed in carrying on the affairs of the state, and
the authority and duty of each are confined to certain
well-defined territorial as well as legal boundaries, that
may be modified or destroyed as the exigencies of the
public may demand ; and whenever from any cause any
one of these agencies becomes unequal to the discharge
of the duties assigned to them, or the public duties im
posed upon them becomes too burdensome or oppres
sive on the people embraced within their limits, it is the

352 THE STORY OF AN EARNEST LIFE.
duty of the state to provide other means for their per
formance. "It is a fact that requires no proof, that the county
of Cook and the city of Chicago, two of the most im
portant of the classes of the public agencies to which
they respectively belong, are, from causes that are well
understood, unable to continue the full discharge of all
the duties that were imposed upon them. From an in
evitable accident, their resources are diminished and
their local burdens are vastly increased, so that they are
no longer available to the state as governmental agencies
for all the purposes for which they are created, and it
follows from that fact, that to the extent that the re
quirements of such duties are in excess of the legal re
sources of the county and city, such duties must be as
sumed by the state, and the general assembly must de
vise other methods for their performance.
"It is a remarkable illustration of the difficulty of pro
viding for every possible contingency by constitutional
regulations, that certain of the provisions of the consti
tution of 1870 that were intended to restrict the powers
of municipal corporations and were resisted upon that
ground, will be found to operate to relieve the county
of Cook and the city of Chicago of what would otherwise
be intolerable burdens.
"Every part of the constitution abounds with proof,
that its framers regarded the municipal organizations
of the state as mere administrative agencies, and that
they intended to deprive them of all emergent or dis
cretionary authority, except within very narrow limits.
"By the twelfth section of the ninth article of the
constitution, it is provided that 'no county, city, town
ship, school district or other municipal corporation shall
be allowed to become indebted in any manner or for any
purpose to an amount including existing indebtedness
in the aggregate exceeding five per centum of the tax
able property therein, to be ascertained by the last as
sessment for state and county taxes. . . .' And by

THE CHICAGO FIRE. 353
the eighth section of the same article, county authorities
are prohibited from assessing taxes the aggregate of
Avhich shall exceed seventy-five cents on the hundred
dollars valuation. Then, whatever power to raise money
for necessary public purposes the state has denied its
local municipal organizations, it has reserved to itself to
be exercised by the general assembly.
"The financial resources of municipal and local or
ganizations are necessarily limited to their powers to con
tract debts and to impose taxes. When these powers
have been exerted to the utmost legal or possible limit,
and are inadequate to the complete performance of their
duties to the state, they must be relieved of such duties
altogether, for the accepted construction of the constitu
tion forbids the general assembly to pay, or to assume
the pay, or to become responsible for the debts or liabili
ties of, or in any manner give, loan or extend its credit
to or in aid of any public or other corporation or indi
vidual whatever. (Section 20, Article 10, State Consti
tution.) "This provision of the constitution was adopted for
reasons well understood, and but few will doubt its pol
icy or wisdom, and no one will, I apprehend, be willing
to relax its stringency or narrow its interpretations by
constructions however ingenious or plausible.
"It has been proposed to give immediate aid to the
city of Chicago by discharging the lien of the city upon
the Illinois and Michigan canal, authorized to be created
by the act approved February 16, 1865, and it is claimed
that, if the state should now refund to the city the
amount of money secured upon the revenues of the
canal, with the interest thereon, which would be, in
round numbers, about three million dollars, the city
Avould be enabled to rebuild its bridges and public struc
tures, remove the obstructions from and repair its streets,
pay the expenses of its government and other expenses
23

354 THE STORY OF AN EARNEST LIFE.
of its own organizations, and discharge its general duties
to the state.
"I am not prepared to express an opinion upon the
question, whether even that sum of money would be
sufficient to supply all the essential wants of the city,
but my impressions incline me to admit that it would ;
and I am prepared to say that while under ordinary
circumstances, influenced alone by my views of the
proper policy to be pursued by the state, I would not
advise the acceptance of the option secured to the state
in the fifth section of the act of 1865, to refund to the
city the sum of two million and a half of dollars, with
interest thereon, under present circumstances, if the
money can be raised by any satisfactory means for the
purpose, it seems to me proper that it should be done.
"The county of Cook alone has heretofore contained
nearly one-sixth of the taxable property of the state, and
a proportion of this, which falls very little short of the
whole, was situated in the city of Chicago. Now, nearly
one-half of the productive property of the city is de
stroyed and its present resources are crippled, but the
day is not distant when its walls will be rebuUt, its
wealth and population not only restored, but increased,
and, instead of requiring aid from the treasury of the
state, it will be again its chief resource ; and money now
appropriated to meet its necessities will be 'bread cast
upon the waters,' to be gathered again after not many
days." . . . After a long discussion of the methods
of raising money for the relief of Chicago and Cook
county, the message concluded by saying: "Invoking
your sympathies for that portion of our people who have
suffered such unexampled losses, I can only express my
most earnest desire to co-operate with you in any proper
plan that may be devised for their relief."
On October 19, 1871, the general assembly passed a
bill appropriating the sum of two million, nine hundred
and fifty-five thousand, three hundred and forty dollars
($2,945,340.00), with interest thereon until paid, which

THE CHICAGO FIRE. 355
was approved by the governor on the 20th day of the
same month.
The bill created a fund to be known as the "Canal
Redemption Fund," and made a further provision, "that
not less than one-fifth, nor more than one-third, of the
money so appropriated shall be applied to reconstruct
the bridges and public buildings and structures upon the
original site, as already provided by the common coun
cil, and the remainder thereof to be applied to the pay
ment of the interest on the bonded debt of such city
and the maintenance of the fire and police departments
thereof." It was passed with the emergency clause,
and took effect from and after its passage .
The legislature met in formal session on November 15,
1871, when I transmitted to that body a message, in
writing, containing certain suggestions, and announced
the appointment of Gustavus Koerner, of St. Clair
county; Richard P. Morgan, Jr., of McLean county;
and David S. Hammond, of Cook county, as railroad
and warehouse commissioners, and said: "In my selec
tion of these gentlemen, I was influenced by a desire to
combine in the board the requisite experience drawn
from different pursuits and from different portions of the
state." I added, "I have also the honor to submit to the
general assembly, and through that department to the
people of the state, a series of papers, that present the
leading facts of transactions that are without example
in the history of this or any other of the states."
On October 11, 1871, Lieutenant-General Philip H.
Sheridan, of the United States Army, whose headquar
ters as commander of the Military Division of Missouri
were in Chicago, under authority that he claims was con
ferred upon him by the proclamation of the mayor of
the city, ordered several companies of the regular army
of the United States into Chicago, and as lieutenant-
general issued to Frank T. Sherman, a private citizen of
this state, the following order :

356 THE STORY OF AN EARNEST LIFE.
"Hdqrs. of the Mil. Div. op the Missouri,
"Chicago, Illinois, Oct. 11, 1871.
"General F. T. Sherman: Dear Sir — With the ap
probation of the mayor of this city, Lieutenant-General
Sheridan directs that you organize a regiment of infantry,
to consist of one (1) first and (1) second lieutenants, and
sixty (60) enlisted men, to serve as guards for the pro
tection of the remaining portion of the city of Chicago,
for the period of twenty days.
"Very respectfully, your obedient servant,
"James B. Fry, Asst. Adj't-Gen."
This regiment was partly composed of companies of
the state militia, ordered by Lieutenant-General Sheri
dan, or some of his subordinates, to report to him, or
them, and recruits enlisted under their authority. An
extract from the order of Lieutenant-General Sheridan
mustering these troops out, will show its organization :
"Hdqrs. of Mil. Div. of the Mo., Oct. 24, 1871, No. 5.
"The 1st Regiment of Chicago Volunteers, raised with
the approbation of the mayor, and in pursuance of or
ders dated October 11, '71, from these headquarters, is
hereby honorably mustered out of service, and dis
charged." The discharge includes some eighteen organizations,
and many organizations were composed of the militia.
The oath taken by these troops was as follows :
"We, the undersigned, do severally swear that we
will bear true faith and allegiance to the United States
of America, and we will honestly and faithfully obey the
orders of the officers appointed over us, and that we will
use our best efforts for the protection of property and
preservation of order in the city of Chicago, for the pe
riod of twenty days."
Supported by this force, Lieutenant-General Sheridan
proceeded to establish military rule throughout the city.

THE CHICAGO FIRE. 357
His guards were established, and his sentinels posted on
the public streets, with orders from him, or some of his
subordinates, to arrest citizens who might, in the judg
ment of such guards and sentinels, be suspicious persons,
and to fire upon and wound any person who should re
fuse to obey their commands. And one citizen of the
city, who was quietly passing along one of the streets,
Avas ordered by a sentinel to halt, and upon his refusal
to obey, was shot and mortally wounded. It was not
thought by Mayor Mason or Lieutenant-General Sheridan
to be necessary or proper to consult with or even inform
me of their purpose to transfer the duty of protecting the
lives and property of the people of Chicago, of the sub
stantial government of the city, to the military forces of
the United States, although I was in telegraphic com
munication with the mayor, as will appear by several
dispatches, which Avill be hereafter mentioned, nor did
either of them when we met on October 12th, and dis
cussed the affairs of the city at some length, inform me
that they had determined that the government of the
state was no longer equal to its duties, or that the mayor
had determined, as he had elseAvhere said, to avail him
self "of the strong arm of the military power of the
United States."
Whether they supposed that to be a matter about
which neither I nor the legislature, which was convened
to meet here on the next day to legislate for Chicago,
had the least concern, or that the assent of the legis
lature and the governor might be safely presumed, I
am not prepared to say, but they left me to make the
discovery as others did, so that I received no informa
tion of the existence of the proclamation of the mayor,
or of Lieutenant-General Sheridan, of his powers under
it, until October 17th, and only heard of the regi*
ment raised under the orders of Lieutenant-General
Sheridan at a later day, and from an application by a
person who claimed to command one of its companies
to be supplied with arms.

358 THE STORY OF AN EARNEST LIFE.
It may be imagined that the information of these ex
traordinary acts of the mayor and the lieutenant-general
filled me with surprise, for I was conscious that I had
put forth every effort and employed all my official power
to aid the people of Chicago and preserve the peace and
tranquillity. On Monday, October 9th, at noon, when I
understood the fire still to be raging (and anticipating
the probable necessity of official action that could best
be done at the capitol) , I had dispatched General Har
lan, my secretary (in whose energy and prudence I have
the highest confidence) , to Chicago, with instructions to
report to the mayor and inform him that all the re
sources of the state that were subject to my legal
control were at his service for the protection of the
people. It is not to be denied that if I had been jealous of my
authority or eager to find occasion for controversy, there
was enough in the dispatches of Colonel Dilger and
Lieutenant-General Sheridan to arouse my suspicions,
but it did not occur to me until October 17th, when I
received the first distinct knowledge of the mayor's
proclamation and Lieutenant-General Sheridan's con
struction of his powers — that he claimed the right as
military officer of the United States to command the
militia sent by me to the city, and the authority to en
force a military police therein.
. . . On October 17th, I first heard of the exist
ence of the mayor's proclamation, and on the 19th, I
addressed him the following dispatch :
"Springfield, III., October 19, 1871.
"Hon. R. B. Mason, Chicago, Illinois — What addi
tion to your police force is necessary to enable you to
dispense Avith the United States troops?
"John M. Palmer."
To which I received the following answer :

THE CHICAGO FIRE. 359
"Hon. John M. Palmer — I do not think any addi
tional force will be necessary after the lapse of ten or
fifteen days. R. B. Mason."
On October 20th, I addressed the mayor the follow
ing letter : "State op Illinois, Executive Dep't.
"Springfield, October 20, 1871.
"Hon. R. B. Mason, Mayor of Chicago : Sir — The gen
eral assembly has now by ample appropriations provided
for the support of a police force in Chicago that will be
adequate to the protection of persons and property in
the city, and I trust that no time will be lost in making
all needful preparations for relieving the military force
now on duty under the orders of Lieutenant-General
Sheridan. It excited the greatest surprise, and has oc
casioned me the profoundest mortification that you failed
to inform me, as you could easily have done by tele
graph or through my private secretary, who reached Chi
cago on October 9th, of the necessity, in your judgment,
for the employment of military forces for the protection
of the city, and it has pained me quite as deeply that
you should have thought it proper without consulta
tion with me by telegraph or otherwise to have prac
ticaUy abdicated your functions as mayor.
"Happily, there is no necessity, either real or im
aginary, for the longer continuance of this anomalous
state of things.
"The United States troops are now there in violation
of law. Every act of the officers and soldiers of the
United States army that operates to restrain or 'control
the people is illegal, and their presence in the city (ex
cept for purposes of the United States) ought to be no
longer continued.
"It is due to you that I should confess that under
the trying circumstances that surrounded you on the oc
casion of the late disaster, it was natural thatyou should
be inclined to accept aid from any quarter to enable you

360 THE STORY OF AN EARNEST LIFE.
to afford protection to persons and property in your city,
but I regret that it did not occur to you that your own
powers under the laws were adequate to meet the emer
gencies, and that you were entitled upon notice to me to
the support of the whole power of the state. From in
formation that I have not been afforded an opportunity
to acquire officially, I have learned that Lieutenant-
General Sheridan has rendered valuable services, for
which he deserves the thanks of the people of Illinois ;
but it would have been more satisfactory to them if he
as a citizen, had given you the assistance of his eminent
abilities to organize the people to act in conjunction
with the civil officers for their own protection. That
course would have been far preferable to that of con
centrating a part of the army of the United States in
Chicago, and the assumption by him of the substantial
military control of the city. I hope you will at once in
form Lieutenant-General Sheridan of your readiness to
resume the complete government of the city.
"I have the honor to be, very respectfully, sir,
"Your obdt. servant, John M. Palmer."
In answer to this letter, I received the following :
"Mayor's Office, City of Chicago, Oct. 21, 1871.
"To His Excellency, John M. Palmer — Your letter
of the 18th inst. (20th true date) has been received.
Had your excellency, when in Chicago on the 11th and
12th of this month, informed me or Lieutenant-Gen
eral Sheridan of your disapprobation of the course that
I had thought proper to pursue in having on the (10th
or 11th is the true date) solicited his aid in preserving
the peace and order in the city, and protecting the lives
and property of its inhabitants, satisfactory reasons
could have been given to your excellency for so doing,
many of which it would be unwise to make public.
"In the performance of my official duties, I believed
that the emergency required me to take the step that I

THE CHICAGO FIRE. 361
did. I do not believe, Avhen the lives and property of
the people, the peace and good order of a large city, are
in danger, that it is the time to stop and consider any
question of policy, but if the United States, by the strong
arm of its military, can give the instantly-required pro
tection to life, property and order, it is the duty of those
in power to avail themselves of such assistance.
"Before the receipt of your communication, I had al
ready, upon consultation Avith other city officers, decided
to dispense with military aid in a day or two, and I am
happy to inform your excellency that on Monday, the
23d inst., your excellency will be relieved of all anxiety
on account of the military in protecting the lives and
property of this people.
"Very respectfully, R. B. Mason, Mayor."
On October 22d, I first heard of the death of Thomas
W. Grosvenor, and determined that the affair should be
investigated, and on Monday, October 23d, in company
with Colonel H. Dilger, the adjutant-general, I visited
Chicago to ascertain the facts.
I found the facts of the case to be very much as re
ported. Theodore N. Treat was a student at the Chi
cago University, and when the students were called out
by Colonel Francis T. Sherman, to constitute a part of
the regiment he was authorized to raise under the order
issued by General Sheridan, Mr. Treat was included as
a member of Company L, of the University Cadets. He
was posted as a sentinel about three miles from the line
of fire, and when Colonel Grosvenor was challenged
by the sentinel, he disregarded the challenge, was fired
upon by Treat, and mortally wounded, and died a few
hours afterAvards.
In an official letter to the attorney-general, and the
state's attorney of Cook county, I advised that the facts
be laid before the grand jury, with a view to an im
dictment against the parties contributing to the death

362 THE STORY OF AN EARNEST LIFE.
of Colonel Grosvenor. I said in my letter to the attorney-
general :
"It seems to be certain, however, that immediately
after the order or orders already mentioned were issued,
Mr. Sherman assumed the military rank of colonel of
the 1st Regiment of Chicago Volunteers, issued his
own orders to several officers of the organized militia of
the state, calling them and the members of their re
spective commands into service for the term of tAventy
days, and he also demanded, or accepted Avhen tendered,
the services of the students attending the Chicago Uni
versity, who were in possession of arms furnished by this
state. He organized the troops thus raised with others
enlisted specially, required them to take an oath of en
listment of which you will be furnished a copy, and
gave to the organization that included the students of
the university the designation of 'Company L, First
Regiment of Chicago Volunteers,' and thus Theodore N.
Treat became a member of said company and regiment,
and subject, as he supposed, to the orders of Lieutenant-
General Sheridan and of Frank T. Sherman and of
others appointed to command him. ... It does
not in my judgment admit of question, that if the orders
of Lieutenant-General Sheridan authorizing troops to be
raised, organized and employed in the city of Chicago,
under the command of officers appointed by himself,
can be supported upon any grounds afforded by the con
stitution or the law, and that Theodore N. Treat was a
private soldier in any such lawful military organization,
and that when he inflicted the wounds that occasioned
the death of Thomas W. Grosvenor he was acting in
pursuance of the legal orders of his proper military
superiors, he as well as his superiors are guiltless of
any legal offense.
". . . Nor can it be material in this aspect of the
case whether his power to raise, organize and employ
troops under the circumstances is one that pertains to
his office as lieutenant-general, or that it resulted from

THE CHICAGO FIRE. 363
the proclamation of the mayor, for if his power is estab
lished by any mode, all the legal consequences before
adverted to follow, and the killing of a citizen by armed
men acting under his authority must be regarded as the
necessary price of public safety.
"But if the orders of Lieutenant-General Sheridan
are without constitutional or legal warrant, they are
utterly void and afford no protection to any person for
acts done in obedience to them. . . . No one will
pretend that the power to raise, organize and employ
troops, or to call the organized militia of the state into
service, pertains to the office of lieutenant-general in the
army of the United States. Nor will it be easy to find
defenders for the opinion, if it should be expressed, that
the mayor of a city can either exercise or impart such
power to another. . . . They assumed to suspend
the operation of the constitution and laws of the state,
and substitute in their stead the law of military force,
to be defined and applied by themselves. They, by their
lawless acts attacked and insulted the dignity and au
thority of the state, and have, by their dangerous ex
ample, weakened public confidence in the constitution
and the laws, and in their attempts to enforce unsurped
and lawless authority, they have sacrificed the life of a
peaceable citizen. ... I have to request that you,
in conjunction with the state's attorney of the seventh
judicial circuit, will bring all the facts before the grand
jury of Cook county, in order that all persons concerned
in unlawful killing of Thomas W. Grosvenor may be
brought to speedy trial."
The grand jury of Cook county, under the lead of its
foreman, Hon. C. B. Farwell, refused to find a bill of
indictment against any of the parties, and even paid a
compliment to General Sheridan for his conduct.
In order to the completion of the history of the opera
tions after the "Chicago fire," it is now necessary to
mention another phase of the affair. In my message,

364' THE STORY OF AN EARNEST LIFE.
dated on December 9, 1871, I submitted to the general
assembly the following papers :
1. A copy of a slip from the Chicago Journal of No
vember 2, 1871.
2. Letter from the governor of Illinois to the presi
dent of the United States, dated November 3, 1871.
3. AnsAver to the president, dated November 9, 1871.
Copies of papers transmitted by the president with his
letter of November 9, 1871.
I. Proclamation of R. B. Mason, mayor of Chicago,
of date, October 11, 1871.
II. Order issued by General Sheridan, dated October
11, 1871.
III. Telegraphic dispatch from Lieutenant-General
Sheridan to the adjutant-general United States army,
dated October 11, 1871.
IV. Telegraphic dispatch from Lieutenant-General
Sheridan to the adjutant-general of the United States
army, dated October 12, 1871.
V. Note from R. B. Mason, mayor of Chicago, to
Lieutenant-General Sheridan, dated October 22, 1871.
VI. Note from Lieutenant-General Sheridan to R. B.
Mason, mayor, dated October 23, 1871.
VII. Note from R. B. Mason, mayor, to Lieutenant-
General Sheridan, dated October 23, 1871.
VIII . Order of Lieutenant-General Sheridan, dated
October 21, 1871.
IX. Order of Lieutenant-General Sheridan, dated Oc
tober 24, 1871.
X. Report of Lieutenant-General Sheridan to the
adjutant-general United States army, dated October
25, 1871, with the indorsement of General W. T. Sher
man thereon.
XI. Communication of Messrs. Wirt, Dexter and others
to Lieutenant-General Sheridan, dated October 28, 1871.
XII. Communication of Lieutenant-General Sheridan
to the adjutant-general United States army, dated
October 29, 1871.

THE CHICAGO FIRE. 365
XIII. Telegraphic communication from General W.
T. Sherman to Lieutenant-General Sherman, dated
October 31, 1871.
XIV. Military orders.
XV. Letter from the governor of Illinois to the presi
dent of the United States, dated November 20, 1871.
XVI. Letter from the president of the United States
to the governor of Illinois, dated November 25, 1871.
We give the contents of the slip from the Chicago
Journal. "It is telegraphed from Springfield that Governor
Palmer is decidedly opposed to United States troops
being stationed at or near Chicago, and will oppose any
such interference of his right as commander-in-chief of the
military of Illinois. We do not believe when the gov
ernor knows the circumstances he will do any such
thing. *
"The officers of the relief society, together with a
large number of our most prominent citizens, signed an
application to General Sheridan to station some of the
troops under his command at or near Chicago, to be
used in case of emergency. The large supplies the
relief society will have in store during the winter were
not deemed safe, besides threatened strikes in some
quarters indicated that laborers Avilling to work might
not be alloAved to do so. General Sheridan referred the
appeal of our citizens, with his favorable judgment, to
the secretary of war, who immediately ordered four
companies of the 8th United States Infantry from New
York to Chicago, and they will arrive to-morrow morn
ing, subject to the call of the authorities should the
necessity unhappily arise for their use. Only this and
nothing more. That the government has the same
right to establish a military post near Chicago that it
has near St. Louis and New York and other cities, the
most sensitive head of the militia of a state cannot
question. That the authorities can call upon the gov
ernment to assist in preventing a threatened outbreak or

366 THE STORY OF AN EARNEST LIFE.'
in putting one down has been often demonstrated, and
the people of Chicago have a right to the security which
the presence of these troops affords them, no one with a
grain of sense will pretend to question." — Chicago Even
ing Journal, November 2, 1871.
"No. 2. Executive Deparment,
"Springfield, November 3, 1871.
"His Excellency U. S. Grant, President of the U. S.
' ' Sir — I have the honor to inclose you a printed slip
cut from the 'Chicago Journal,' a highly respectable
paper published in Chicago, and respectfully ask your
attention to its contents.
"My apology for troubling your excellency with a
paper of the character of that inclosed is that it is
stated therein that four companies of the 8th United
States Infantry have been ordered from New York to
Chicago and will arrive there to-morrow (to-day) sub
ject to the call of the authorities, and that the reasons
for ordering troops to Chicago are, that the large supplies
the relief society will have in store during the winter
were not deemed safe, besides threatened strikes in some
quarters indicated that laborers willing to work might
not be allowed to do so, and that an application stating
these facts was signed by the officers of the relief society
and other citizens, presented to General Sheridan, and
by him approved, and referred to the secretary of war.
"In addition to this, rumors in the form of telegraphic
dispatches from Washington and Chicago have reached
me that troops were ordered to Chicago for purposes
connected with the safety of property and the preserva
tion of order in the city, but no information of the exist
ence of the dangers alluded to have reached me from
any quarters whatever.
"I cheerfully concede that it is for the president to
designate the stations of the troops composing the army,
and that he is under no obligations founded upon the
constitution or the laws, or upon the rules of official

THE CHICAGO FIRE. 367
courtesy, to communicate his orders or the reasons that
influenced him in making them to the governors of any
of the states, unless the orders in question or the presence
of the troops are intended in some way to affect or in
fluence the internal affairs of the particular state to
which the troops are sent.
"In the latter case, it will readily occur to you that
the governor of the state, whose duty it is to enforce
the laws, is deeply concerned for the troops, and the or
ders under which they are to act may operate to dimin
ish or greatly increase the difficulties of his official posi
tion. I am happy in the consciousness that the au
thorities of the State of Illinois are abundantly able to
protect every interest of the people that depends upon
its internal peace and good order, and am unwilling to
believe that the president of the United States, act
ing upon information of a contrary character communi
cated by private citizens to an officer of the army, has
ordered any portion of the army into this state to be
subject to a call of the authorities either to protect the
store houses of the relief committee or to interfere with
the possible, though not probable, strikes of laborers.
"I therefore deem it due to the importance of the sub
ject frankly to inquire of your excellency whether the
troops ordered to Chicago are intended or instructed to
obey the call of any authorities of the State of Illinois
or the city of Chicago, or in any way whatever to assume
the protection either of property or the preservation of
order in that city.
"I have the honor to be, with great respect,
"John M. Palmer."
To which letter there was the foUowing answer :
"Executive Mansion, Washington, D. C.
"November 9, 1871.
"His Exceellency, John M. Palmer, Governor of Illi
nois: Sir — I am in receipt of your letter of the third

368 THE STORY OF AN EARNEST LIFE.
inst., inquiring the nature of the orders, etc., under
Avhich four companies of United States troops have been
ordered to the city of Chicago, and asserting your
ability as executive officer of the state to furnish all the
protection asked in the appeal of the citizens of Chicago
for these troops.
"In reply, I enclose you a copy of the appeal, of Gen
eral Sheridan's remarks thereon, of the orders given in
sending the troops, and of all the correspondence betAveen
General Sheridan and the authorities here since the
great fire which laid so much of the wealth of Chicago
in ashes.
"I will only add further that no thought here even
contemplated distrust of the state authorities of the
State of Illinois, or lack of ability on their part to do all
that was necessary, or expected of them for the main
tenance of the law and order within the limits of the
state. "The only thing thought of was how to benefit a peo
ple stricken with a calamity greater than had ever
before befallen a community of the same number in this
country. "The aid was of a like nature with that given in any
emergency requiring immediate action.
"No reflections were contemplated or thought of affect
ing the integrity or ability of any state officer or city
official within the limits of the State of Illinois to per
form his whole duty.
"I have the honor to be, with great respect, your
obedient servant, U. S. Grant."
Proclamation.
"The preservation of the peace and good order of the
city is hereby intrusted to Lieutenant-General P. H.
Sheridan, United States Army.
"The police will act in conjunction with the lieuten
ant-general in the preservation of the peace and quiet
of the city, and, the superintendent of the police will
consult with him to that end. The intent hereof being

THE CHICAGO FIRE. 369
to preserve the peace of the city without interfering Avith
a function of the city government.
"Given under my hand, this 11th day of October,
1871. "R. B. Mason, Mayor."
No. 4 copied elsewhere. [Telegram .]
"Chicago, Ills., Oct. 11, 1871.
"General E. G. Townsend, Adjutant-General — There
was some excitement here yesterday and last evening,
but it is now quieting down. Some of the troops from
LeavenAVorth and Omaha are coming in. I have taken
the necessary steps to meet the conditions of affairs here.
"P. H. Sheridan, Lieutenant-General."
[Telegram.] "Chicago, Ills., Oct. 12, 1871.
"General E. D. Townsend, Adjutant-General — As
there may be some trouble there when the banks have to
settle with their depositors, and to keep down excite
ment, I have deemed it best to ask General Halleck for
four (4) companies of infantry which he has notified me
he has in readiness at Louisville.
"P. H. Sheridan, Lieutenant-General."
"Chicago, Ills., Oct. 22, 1871.
"Lieutenant-General P. H. Sheridan, U. S. A. —
Permit me to tender you the thanks of the city of Chi
cago and its whole people for the very efficient aid which
you have rendered in protecting the lives and property
of the citizens, and in the preservation of the general
peace and good order of the community.
"I would like your opinion as to whether there is any
longer a necessity for the continued aid of the military
in that behalf. R. B. Mason, Mayor."
24

370 THE STORY OF AN EARNEST LIFE.
"Headquarters Military Div. of the Missouri,
"Chicago, Ills., Oct. 23, 1871.
"Hon. R. B. Mason, Mayor — Sir, I have the honor to
acknowledge the receipt of your kind note of the date of
yesterday, and in reply beg leave to report a good con
dition of affairs in the city. If your honor deems it
best, I will disband the volunteer organizations of mili
tary on duty since the fire, and will send the troops of
the regular army to their homes, and will consider my
self relieved from the responsibility of your proclamation
of the 11th instant.
"With my sincere thanks for your kindness and courtesy
in my intercourse with me, P. H. Sheridan."
"Mayor's Office, Chicago, Oct. 23, 1871.
"Lieutenant-General P. H. Sheridan, U. S. A. —
Upon consultation with the board of police commission
ers, I am satisfied that the continuance of the efficient
aid in the preservation of the order in this city which
has been rendered by the forces under your command,
in pursuance of my proclamation, is no longer required.
"I will therefore fix the hour of 6 p. m. of this day as
the hour at which the aid requested, shall cease. . . .
"I am, etc., R. B. Mason, Mayor."
No. VIII has been described, and No. IX is the order
for the regular troops to return to their stations, but No.
X is a communication from General Sheridan to the ad
jutant-general of the United States army. It is dated
Chicago, October 25th, and is as follows :
"The disorganized condition of affairs in this city,
produced by and immediately following the late fire, in
duced the city authorities to ask for assistance from the
military forces, as shoAvn by the mayor's proclamation
of October 11, 1871. (Copy herewith marked 'A.')
"To protect the public interests entrusted to me by
the mayor's proclamation, I called to this city Companies
A and K of the 9th Infantry, from Omaha ; Companies

THE CHICAGO FIRE. 371
A, H and K of the 5th Infantry, from Fort Leavenworth ;
Company I of the 6th Infantry, from Fort Scott, and ac
cepted the kind offer of Major-General Halleck to send
to me Companies F, H and K of the 4th, and Company
E of the 16th Infantry, from Kentucky.
"I also, with the approbation of the mayor, called
into service of the city of Chicago a regiment of volun
teers for twenty days. (A copy of this call inclosed here
with marked 'B.') These troops, both regulars and
volunteers, were actively engaged during their service
here, in protecting the treasure in the burnt district,
guarding the unburnt district from disorders and dangers
by further fires, and in protecting the store-houses,
depots and sub-depots of supplies established for the re
lief of the sufferers from the fire.
"These duties were terminated on the 23d inst., as
shown by letters herewith, marked C, D, E ; and on the
24th inst. , the regulars started to their respective sta
tions, and the volunteers were discharged, as shown by
Special Orders No. 76 and General Orders No. 5, from
these headquarters. . . .
"Very respectfully, P. H. Sheridan."
This paper was indorsed as follows: "Respectfully
submitted to the secretary of war."
"The extraordinary circumstances attending the great
fire in Chicago made it eminently proper that General
Sheridan should exercise the influence, authority and
power he did, on the universal appeal of a ruined
and distressed people, backed by their civil agents, who
were powerless for good. The very moment that the
civil authorities felt able to resume their functions, Gen
eral Sheridan ceased to exercise authority, and the United
States troops returned to their stations.
"General Sheridan's course is fully approved.
"W. T. Sherman, General.
' ' Seen by the secretary of war.
"Joseph Potts, C. C. W.D."

372 THE STORY OF AN EARNEST LIFE.
"Chicago Relief and Aid Society, Oct. 28, 1871.
"Lieutenant-General P. H. Sheridan : General — The
undersigned respectfully and urgently request that you
will cause four companies of United States infantry to
be stationed at or near this city untU it shall appear that
there is no danger of attack by disorderly persons upon
the depots of the Relief and Aid Society, or other riotous
proceedings for which the recent appalling calamity may
have paved the way. We believe that the presence of a
small military force in this vicinity would at the same
time deter any evil disposed persons from organizing a
breach of the peace, and reassure the public mind to an
extraordinary degree.
We are, general, your obt. servts.,
"Wirt Dexter, Chmn. Exec. Com. Ref. and A. So.
"Joseph Medill, Editor Tribune.
"W. F. Coolbaugh, Prest. of the Union Nat. Bk.
"H. K. Eames, Prest. Commercial National Bank.
"F. Irving Pearce, Prest. of Michigan Nat. Bank.
"C. H. Beckwith & Sons, 140 Michigan avenue.
"J. W. Preston, Prest. of Chi. Board of Trade.
"Charles Randolph, Sec. of Chi. Board of Trade.
"E. Hengerland, Illinois River Elevator.
"Horace White, Chicago Tribune.
"Charles L. Wilson, Chicago Journal."
"Hdqs. Mil. Div. of the Mo., Chi., Oct. 29, 1871.
"Brigadier-General E. D. Townsend, Adjt.-Gen. — Al
most before the great conflagration in this city had ex
hausted itself, I saw the necessity for having a few com-
paniesof regular troops here for the preservation of the
public peace and the protection of property and treas
ure. Their services were invaluable, but as soon as the
excitement subsided, the old city government desired to
again take charge, and of course I sent the troops home,
although it had been my intention to keep four compa
nies here during the winter.
"The result has been, that the troops were no sooner

THE CHICAGO FIRE. 373
gone than the turbulent spirit commenced to manifest
itself, and seems to be increasing. I have, therefore,
been solicited by Mr. Joseph Medill, the incoming new
mayor, and other prominent citizens, to again bring to
the city for the winter four companies of infantry.
"I am satisfied of the necessity of their presence here,
and ask the authority of the secretary of war to bring
them. Please answer by telegram.
"Your obt. servant, P. H. Sheridan, Lieut-Gen."
[Telegram.]
"Hdqrs. op the Army, Washington, Oct. 31, 1871.
"General P. H. Sheridan, Chicago — Four companies
of the 8th Infantry are ordered to Chicago to act as
police under your letter of the 29th inst.
"W. T. Sherman, General."
[Telegram.]
"General George C. Mead, Philadelphia — Order
four companies of 8th Infantry with field officer to
Chicago to report to General Sheridan in person.
"W. T. Sherman, General."
The order, "Special Order No. 63," is omitted — and
I here copy my letter of November 20th to the president
of the United States :
"Sir — I have the honor to acknowledge the receipt of
your letter of the 9th of November, in reply to mine of
the third of the same month, also copies of papers for
warded to me by your direction.
"I have read your excellency's letter and examined
the papers received with great attention, and while I am
not insensible of the kindness Avhich prompts you to dis
claim all distrust of the authorities of the State of Illi
nois, or of their ability to do all that may be necessary
or expected of them for the maintenance of law and
order within the limits of the state, I have been unable
to find anything in them to justify the extraordinary

374 THE STORY OF AN EARNEST LIFE.
measure of ordering four companies of United States
troops into this state to report to Lieutenant-General
Sheridan to act as police under his orders.
"It seems to me to be very well settled, as a principle of
American public law, that the duty of protecting persons
and property and the preservation of public order and
peace against the efforts of disorderly persons, or from
local internal disturbance, is the peculiar and exclusive
duty of the states with which the government of the United
States has no concern, and in which it cannot interfere ex
cept upon the application of the legislature or the executive
of the state, as contemplated by the fourth section of
the fourth article of the constitution, and any attempt
by the officers of the United States to employ any part
of the military forces, as proposed by the gentlemen who
made the application, for four companies of infantry to
be stationed at or near Chicago for an indefinite period,
and approved by Lieutenant-General Philip H. Sheridan
in his letter to the adjutant-general of the 29th of
October, and by General W. T. Sherman by his tele
graphic communication to Lieutenant-General Sheridan
of October 31, 1871, must be improper because violative
of the constitution and the laws. I am not at all forget
ful that your excellency says that 'what was done in
respect to ordering the troops to Chicago was upon the
ground of emergency to aid a people who had suffered
greatly ;' but in this view it seems to me that the gen
eral commanding the army overlooked the fact that the
disastrous fire at Chicago did not relieve the State of
Illinois from any of its duties, nor transfer any of them
to the government of the United States.
"Emergencies that demand extraordinary efforts often
occur in the history of governments, but I do( not re
member another instance in our history when it was
held that an event that created a sudden demand upon
the powers and resources of a state operated to transfer
any portion of the duties of the state to the United
States .

THE CHICAGO FIRE. 375
"The great fire at Chicago ceased on the 9th of
October, and the executive of the State of Illinois,
under the belief that the disaster created an 'emergency,'
provided for by the constitution of the state, convened
the general assembly to meet in session on the thirteenth
day of that month to make legal provisions to meet all
the requirements of the occasion, and on the 19th day
of October that department appropriated from the
treasury an adequate sum to maintain a sufficient police
force for the protection of every interest of the people.
The emergency was thus provided for by the proper
department of the proper government. The state en
larged and strengthened its own agencies for the en
forcement of its own laws to meet the requirements
of the new situation. The same calamity deprived the
United States of its custom house, its post-office, its
court room and records, and threw upon that govern
ment the duty of adopting measures to supply the loss ;
but it has not occurred to the authorities of the state
that the losses of the United States or the interruption
of its business has so far changed the relation of the
federal and state system as to cast any portion of pro
viding for any of the wants of the United States upon
the State of Illinois, and they are as little able to under
stand how it is that events that cannot operate to enlarge
the powers of the government of the state should operate
to confer upon a lieutenant-general of the army the au
thority to interfere in matters of purely state concern,
or to authorize the general commanding the army to
recognize and approve the lieutenant-general, and or
der four companies of the United States troops to report
to him to discharge the mere duties of police.
"I do not, of course, propose to discuss with your
excellency the question of the relative rights and powers
of the United States and of the states under the consti
tution, for I will not anticipate the possibility of a dif
ference of opinion upon the point that the duties of the
executive officers of the two systems are defined so ac-

376 THE STORY OF AN EARNEST LIFE.
curately and are kept so distinct by written constitutions
and laws that there is no possibility of a conflict between
them. "The duty of the president is to see that the laws of
the United States are enforced, and that of the governor
of Illinois is confined to the enforcement of the laws of
the state. Neither obstructs the other, nor aids nor in
terferes with his duties. The governor of the state de
rives none of his powers from the United States, nor are
his duties subject in any respect to the consent or dis
cretion of the president, who can, in no wise, enlarge,
abridge or interrupt them by either assuming them him
self or by entrusting them to others.
"As these opinions seem to me to be incontrovertible,
I cannot doubt that the orders of the United States
troops to act as police or to otherwise interfere in the
affairs or duties of the state or any of its officers were
made Avithout reflection, and that the troops will be at
once withdraAvn from this state, or that the orders from
their government Avill be so modified as to prohibit their
employment as police or in any other way interfere with
any of the duties or functions of any of the officers
created under the laws of this state.
"The State of Illinois cannot accept their aid or per
mit their interference in its affairs Avithout a sacrifice of
the confidence of its citizens, nor without giving coun
tenance to a dangerous example.
"Respectfully, your obedient servant,
"John M. Palmer."
General Grant replied on November 25th, as follows :
"Sir — I have received your letter of the 20th inst.,
and have referred it to the secretary of war, with di
rections to inform General Sheridan that if the troops
under his command have received any orders which in
any Avay conflict with the provisions of the constitution

¦f.G^fUj^

THE CHICAGO FIRE. 377
or the laws of the State of Illinois, he is instructed to
rescind them.
"Very respectfully yours, U. S. Grant.
"To His Excellency, John M. Palmer, Governor of
Illinois, Springfield, Illinois."
My expectation of future exemption from military in
terference was based upon the belief that the authorities
of the state had already done enough for the main
tenance of law and for the protection of all the interests
of the people of Chicago to merit their full confidence,
and that the local officers were then so alive to their
duties and so confident in the support of a powerful
state that no room would be left for external interven
tion. Everything, indeed, had been done for the aid of
the people of Chicago that was possible, and if all were
not secure, it was because the resources of civil govern
ment were not equal to their necessities.
General Grant, General Sherman and General Sheri
dan are dead, and I forbear to criticise their acts. I
content myself with furnishing the documents and papers
which give a history of the Chicago fire and of the con
troversies which it originated.

378 THE STORY OF AN EARNEST LIFE.

CHAPTER XXIV.
Meeting of the legislature in 1874 — End of my term of office — Provision
for education — Defense of grand juries — Mobs — Newspapers —
Change of venue — Challenge to jurors — Pardons — Change in crimi
nal law suggested — The poor — Suggestion of an officer to represent
poor prisoners — The railroads.
On January 8, 1873, the general assembly of the State
of Illinois convened in its biennial session. On the
tenth day of the same month the two houses, in pursu
ance of the constitution, met and canvassed the votes
cast at the preceding election for state officers, and found
that Richard J. Oglesby had received for the office of
governor 237,774 : Gustavus Koerner, 197,094 ; and B.
G. Wright, 2,185 votes.
Governor Oglesby was on January 13, 1873, duly in
augurated, and upon that event my connection with the
office of governor ended. By the constitution of the
state it is made the duty of the governor, at the com
mencement of each session, and at the close of his term
of office, to give to the general assembly information by
message of the condition of the state, and also to
recommend such measures as he shall deem expedient.
This constitutional duty I had discharged on the day of
the opening of the session, by a message in writing. In
the message I alluded to the prosperity and growth of
the state, I said :
"In all the material elements essential to its future
growth and prosperity, the State of Illinois has nothing
more to desire. Nor can it be asserted that the people
of the state have been unmindful of their social duties,
for public provision for the education of all the children of
the state is already made, and will hereafter keep pace
with advancing public wants, while institutions intended
for the purposes of advanced education and higher

MESSAGE TO LEGISLATURE. 379
culture are increasing in number, and are widening
their field of usefulness, and though our general system
for the poor and permanently helpless classes is not
complete, nor yet entirely satisfactory in its methods
or results, the people of the state have cheerfully sub
mitted to all taxes imposed upon them for that class of
objects, and have gone beyond their representatives in
demanding that nothing required by the most enlightened
humanity for the relief or maintenance of objects of pub
lic charity shall be left undone."
I then added, that which I repeat now with the ut
most satisfaction : "That notwithstanding my extensive
intercourse with the people of this state during my of
ficial term, I have never heard from any person a mur
mur against any tax actually levied or proposed for the
benefit of the afflicted or helpless. . . ."
I also in this message referred to the prevalence of
mobs, and enumerated instances of such outrages. I said :
"That in every instance of outrage by mobs, I had offered
a reward of one thousand dollars from the contingent
fund for the apprehension and conviction of the perpe
trators of such murders. I denounced the leaders of
mobs, and characterized them as cowards, who, to indulge
private and personal resentments, organize and direct
the passions of the people to the commission of drimes."
Then, as now, the administration of the criminal laws
of the state commanded a large share of public attention.
The newspapers, especiaUy those published in Chicago,
complained of the failure of public justice, and there
were public meetings which adopted resolutions con
demning the alleged increase of crime in the cities of the
state, and especially in Chicago.
After the great fire in Chicago there was less of crime
than there had been before. I therefore said : "That con
sidering the extraordinary circumstances of the almost
total destruction of the city within little more than a
year past, and the great influx of population from every
quarter the laws are enforced, and order is as well

380 THE STORY OF AN EARNEST LIFE.
maintained in Chicago as in other great cities of the
country." I also said: "It is true some startling ex
amples of fraud in commercial circles have occurred in
Chicago that are in their influence, more disastrous to
the morals, the business and the character of the people
of the state than is the aggregate effect of many minor
offenses." I added, "that the commercial frauds to
which I alluded, seem to be characteristic of the period."
There was at that time an extensive belief that crimes
of a homicidal character were increasing in frequency,
and in the eagerness of many, propositions were made
to reform the criminal laws of the state.
One class of reformers proposed the abolition of grand
juries, and that state's attorneys should by information
accuse of crimes and misdemeanors.
In the second place, it was proposed to take from
persons charged with crime the right to a change of
venue; thirdly, it was proposed to disallow challenge to
jurors to persons charged with crime, upon the ground
of an opinion formed from information obtained from
printed publications, or, as it was urged by some, that
no challenge should be allowed if the proposed juror
would swear that he would try the case fairly, notwith
standing any opinions he had formed.
Another proposition was made to make death the pen
alty in all cases of conviction for murder ; and then fol
lowed the proposition to deprive the governor of the power
to pardon offenders after conviction. I said in my mes
sage that "to those who have such confidence in mere
legislation that they assume every abuse may be cor
rected and every evU repressed by laws ; and to that
other class, ignorant of the origin, history and reasons
of the institutions, rules and methods of procedure pro
posed to be abrogated or changed, and who welcome
every change in the existing laws as an improvement,
all the alterations proposed Avill be acceptable, but others
will remember that the grand jury, 'one of the "insti
tutions" of our free-spirited fathers, and most of the

MESSAGE TO LEGISLATURE. 381
formal and carefully-guarded rules of criminal procedure
that are now the subject of complaint were devised to
protect the lives and liberties of the people against the
aggressions and encroachments of poAver,' and others,
like that of confiding the measure of punishment for
murder to the jury, are the results of the observations
of men of the most profound knowledge and the largest
experience in the administration of criminal law.
"They are parts of a judicious and well-settled system,
not perfect, but that combines greater advantages for
the prompt administration of justice, with the proper
guards for the rights of the citizens, than any that ex
ists in any country, or under any form of government."
"In view of the necessity that has always been ad
mitted to exist for careful regulations for the protection
of individuals, it is painful to witness the mistaken zeal
that prompts a portion of the public press and influential
public bodies to urge fundamental changes, simply that
citizens may be made more defenseless when pursued by
the authorities of the law upon accusations of crime.
"Every change in the criminal laAvs that deprives
parties accused of the means for obtaining an impartial
trial, or that proposes to substitute discretion of a judge
or of a state's attorney for fixed and well-defined rules of
law or settled modes of procedure, is a sacrifice of the
safety of the citizen. Happily, except on occasions
when the public mind is excited by appeals to popular
fears or prejudice, the passions of the American people
are not cruel, but who is prepared to say that when a citi
zen may be put on his trial upon a charge that involves
his life, in the midst of a community filled with prejudice
against him, without the power to demand of right the
removal of his trial to an impartial vicinage, with no
right of continuance to await a better state of public
sentiment or to obtain evidence, no challenge to his tri
ers upon the ground of opinions formed against him —
death, the inevitable consequence of conviction, and the

382 THE STORY OF AN EARNEST LIFE.
governor without the power, even the clearest facts, to
avert the bloody sentence, the vindictive prejudice of
some community may not demand a victim.
"The 'institution' of grand and petit juries is an es
sential part of the judicial system of a free state. The
orists, Avho can demonstrate that the rule of a single
wise man is better than that of the multitude, and law
reformers who would substitute the discretion of a state's
attorney or a judge for the deliberations of a grand jury
or fixed rules of procedure, alike forget that no method
of election has yet been devised that will insure the
choice of the wisest for rulers, state's attorneys or judges,
nor do they attach enough importance to the fact that
in a republic no system of laws can be devised that,
without endangering the public liberties, will be effect
ive for the prevention and punishment of crimes, unless
the laws provide for the participation of the people in
their administration, and that neither public nor private
rights can be secured when they are in any important
senses subject to the discretion of any ruler or magis
trate. . . . It is at once the vice and weakness of
Avealthy and prosperous communities that a majority
of those who should be the most capable and useful citi
zens, from purely selfish reasons, prefer to delegate the
discharge of their most important public duties to others,
and experience has demonstrated that whether the mer
cenaries, who undertake the protection of the public in
terests, or who by the indifference of the people are al
lowed to seize control of public affairs, are the hired
soldiers of a standing army or the traders in offices, who
cajole, neglect and plunder the people. The result is
the same — the degradation of the laws, contempt for
public justice, in the end, all the securities for life and
liberty are destroyed."
I further said : "I have no doubt of the right of the
state to put persons to death who, by their own delib
erate, criminal acts, make that course necessary for the
public safety, nor do I question the existence of the right

MESSAGE TO LEGISLATURE. 383
to inflict the death penalty as a punishment for crime,
but I am quite as decided in the conviction that that
mode of punishment has but little influence to deter
from the commission of crime, and that on the other
hand, it is a worn-out vestige of barbarism that hardens
and depraves the people. Deliberate homicide by public
authority has much greater influence to weaken respect
for human life than the commission of murder by law
less persons, and it is remarkable that the ecclesiastical
bodies, and that portion of the so-called religious and
secular press that demand the more frequent infliction
of death by judicial sentence, concede the whole point in
dispute when, impressed with the horrible and deprav
ing influence of public executions, they insist upon ex
cluding those from the spectacle who are to be impressed
by the example. ... It may also be true that mon
sters of crime may sometimes be found whose extermina
tion is demanded, not to vindicate the authority of the
law, but the dignity of human nature. It Avould not,
therefore, be judicious for the state to renounce the'
power to inflict death as a punishment for crime, but
the propriety of the exercise of the power in any instance
can best be determined by a jury drawn from the body
of the people." I said: "The executive authority to
grant pardons, reprieves and commutations is made by
the constitution absolute, and to be exercised by him at
his discretion, and, like all discretionary powers confided
to public officers, is extremely liable to abuse. And yet
I refused to approve a bill which created a board of
pardons, believing then, as I do uoav, that where the
constitution of the state confides a power to a particular
officer, he ought to exercise it without diAnding his re
sponsibility. I believe the present board of pardons is
extra-constitutional, and that the present governor ap
proved the bill which created it in order to relieve him
self from his constitutional responsibilities."
In my message, I said: "I have exercised the par
doning power in proportion to the whole number of con-

384 THE STORY OF AN EARNEST LIFE.
victions in the state more sparingly than any of my pre
decessors, and I am satisfied that I have done so in im
proper cases. But I have had the satisfaction of releas
ing persons from the penitentiary after they had furnished
me with the most unquestionable proof of their inno
cence of the alleged crime of which the jury had found
them guilty. I have by pardons shortened terms of im
prisonment that were certified to me by the judges and
juries imposing them to be excessive, and I have, in
more than one instance, interfered for the relief of the
poor and ignorant who were the victims of the arts of
designing persons. . . . We know that the blind
ness of legal justice is but a fable, and that though the
laws in their letter and spirit are just, humane and equal,
as a practical fact the wealthy and influential do disre
gard them with a measure of impunity not permitted to
the poor and friendless.
"We know, too, that the jails, into which those who
are accused of the commission of crime and are unable
to furnish bail are crowded, are moral pest-houses, where
vice is taught to the most innocent and the guilty made
more depraved. We know that instances are not want
ing in which jailers or their subordinates alone, in con
junction with some of a class of professional men who
'dishonor law and disgrace the courts,' who tolerate their
presence, have defrauded friendless prisoners of all their
possessions, and have then delivered them over to a cer
tain conviction. ... I have pardoned some of this
class of unfortunates upon the ground that if the state
cannot protect them, it ought to make them the repara
tion of forgiveness." I repeat, that I further said:
"No subject is more worthy of attention of the repre
sentatives of an enlightened Christian people than the
imperfect progress made by the laws of the state for the
protection of the poor, the ignorant, the inexperienced
and the friendless in the criminal courts. The evil is
most apparent in the cities and populous counties of the
state. Each year the population of the state is increased

MESSAGE TO LEGISLATURE. 385
by emigrants from all the nations of Europe and from every
state of the Union, who are of every grade of character
and of every degree of intelligence . Of the thousands Avho
come into the state, many are ignorant of our language
and our laws, and many are upon their arrival poor and
often ill, dispirited and inexperienced.
"In the cities the missionaries of vice are ever active,
and its temples are always open, and from their doors
none are ever driven away ; to these the inexperienced
and unwary are tempted, or from want of employment
the irresolute are impelled to the commission of crime,
or often they are made the dupes and instruments of
those Avith whom crime is a trade, or being strangers and
friendless they are readily suspected, and when arrested
they are unable to find bail, and are committed to jail,
and if indicted the judge, however humane and con
siderate, is compelled to entrust their defense to some
laAvyer Avithout standing or experience in his profession,
and conviction follows, for there is no one to demand
justice or implore mercy.
"It is time that the practice of delivering the living
bodies of poor prisoners to legal students for professional
instructions was abandoned, and I insist that provision
should be made by law for the election or appointment
in the large cities and populous counties of the state, of
suitable persons whose duty it should be to visit the
places where persons are confined upon criminal charges,
confer with and advise poor prisoners, protect them from
oppression and extortion, attend examinations, investi
gate charges against them, advise with injured parties
and the courts and state's attorneys with a view of the
dismissal of the prosecutions, when the ends of justice
would by that course be promoted, or with reference to
the proper measure of punishment in cases where the
punishment is discretionary with the judge, or in proper
cases alone, or in conjunction with the counsel assigned
by the court to manage their defense . A proposition to
25

386 THE STORY OF AN EARNEST LIFE.
provide for the appointment of an officer to watch the
administration of the laws, from the standpoint of those
who are accused of the crime, is novel, but everyone
familiar with the administration of the criminal laws of
the state is fully aware of the fact that a truthful state
ment of all wrongs inflicted upon persons charged with
offenses, would prove that many crimes have been com
mitted in the name of the law." It seemed to me then,
and I have always held, that an officer should be ap
pointed and paid, from the public treasury, Avhose duty
it should be to visit the jails or other places where people
charged with the commission of crimes are confined, and
confer with such persons, and such conference should be
private, and the officer appointed to visit and confer with
prisoners should not be permitted to disclose information
derived from their admission or explanation.
"At the same time as a quasi judicial officer, he should
have the right to advise the judges and state's attorneys
on the point of the guilt of poor prisoners, and as to
the measure of their punishment.
"The legal theory is, that the judges are the counsels
of prisoners, but they are obliged to act through others.
It would complete our system of judicial justice that the
judges and state's attorneys could be provided with an
officer whose duty it should be to investigate charges
against poor prisoners, and make such recommendations
as might appear to them to be proper." I added : "An
important exception to the general disposition to obey
the laws, which prevails throughout the state, is found
in the refusal of common carriers of passengers and
freight by railways to obey the constitutional and legal
enactments provided for the regulation of their import
ant interests, and the people of the state aware of the re
fusal of this class of persons to obey the law, and of the
mischiefs their contempt of the authority of the state
produces, look to the general assembly, and make fur
ther and efficient efforts to provide a remedy.
"The report of the raUroad and Avarehouse commis-

MESSAGE TO LEGISLATURE. 387
sioners is now in the hands of the printer, and will be
laid down before the general assembly as early as possi
ble, will contain full information as to the pretensions of
the railway managers, and of the efforts made by the
commissioners of the authority of the state over them.
Successful resistance to the constitution and laws of the
state subverts them. It can make no difference whether
such resistance is made by physical means too powerful
to be overcome, or by combination of financial interests
that merely treat the laws with contempt and refuse to
obey them. The effects of successful physical resistance
are immediate and easily perceived, while those pro
duced by persistent and contemptuous disobedience are
remote and may not at once appear, but they silently sap
and Aveaken the foundations of public order, and in the
end destroy. The issue made with the state by the dis
tinct refusal of the managers of railways to obey the
laws enacted by the general assembly for the correction
of abuses and to prevent unjust discriminations and ex
tortions is one of poAA^er. It is not pretended that in
the enactment of the laws disobeyed the general assembly
transcended the authority vested in the legislature by
the terms of the constitution. It is made the duty of
the general assembly from time to time to pass laws
establishing reasonable maximum rates and charges for
the transportation of passengers and freights on the
different railroads of the state, and to pass laws to cor
rect abuses, and to prevent unjust discriminations and
extortions in the rates of freight and passenger tariffs on
the different railroads in the state ; and by another pro
vision of the constitution railroads heretofore con
structed, or that may hereafter be constructed, in this
state are declared to be public highways and free to all
persons for the transportation of their person and prop
erty thereon as may be prescribed by law. . . . But
it seems to me that the real causes of the manifold
abuses, extortions and oppressions to which the people
are subjected are to be found in the fact that railroad

388 THE STORY OF AN EARNEST LIFE.
property has passed under control of combinations of
financial adventurers who are in nowise interested in
the proper management of the road.
"This condition of the management of railroads may
be accounted for by referring it in part to the great in
crease of the speculative wealth of the country, the
tendency everywhere in every business to organization,
and the circumstance so unfortunate for the people, that
the general assembly did not in the enactment of the
general and special laws authorizing the creation of
railroad corporations, expressly reserve such sufficient
power to regulate and control their internal manage
ment as would ensure the protection of the interests of
the body of the public.
" ... The State of Illinois contains within its
limits more than six thousand miles of railroad, they
penetrate almost every county. And the railroads of
this state, by their legal connections and the identity of
their interest and purposes with those of other states,
have become a part of a system that it is said embraces
sixty thousand miles of railroads in the United States,
and which is being extended to limits that do not admit
of easy definition. The railroad and carrying interests
control a larger amount of capital than any other in the
United States, and by means of their capital and their
intimate relation with all other business pursuits, ex
tending as railroads do to all parts of the country,
they exercise a greater measure of influence than was
ever before in the hands of individuals. The iron rail,
the steam engine and the telegraph, all now in substantial
co-operation, already control the commerce of the con
tinent and to a large extent influence the value of every
product of industry and the profits of every business
pursuit. "They build up favored cities and depress their rival ;
they have diminished the value of the great rivers and
highways of commerce and the shipping of the lakes,
and that engaged in coast wise trades, embarrassed by

MESSAGE TO LEGISLATURE. 389
obstacles that the engine upon the iron rail defies, with
the new agencies maintain but a feeble and struggling
competition. From the superiority of this new method
of transportation, in speed, in safety and in power, all
other modes are rendered comparatively useless, and the
country is brought to face the fact that in this age of
remarkable commercial and intellectual activity the only
available lines of intercourse and trade on the continent
are under the control of private individuals, who assert
for themselves the power and the right to impose
burdens upon the intercourse and commerce of the
country to an extent to which they acknoAvledge no
definite limit, nor in the exercise of the discretion they
claim as to the amount they may impose do they admit
themselves to be bound by any rule of equality ; but
they maintain their right to discriminate betAveen differ
ent points of tlieir own lines between different individ
uals engaged in the same business at the same points,
and to increase and to reduce their rates at pleasure,
until to the ordinary hazards of business is added the
uncertain fluctuations dependent upon the management
of railways. In my judgment, the existing laws in
tended to regulate the duties and define the obligations
of common carriers by railway will not accomplish the
object desired, for the reason, amongst others, that they
are to a certain extent based upon widespread miscon
ception of the true relation of that class of public
agents to the people, and as a consequence of that mis
conception the regulation for the government of the
owners and managers of the railway lines are that they
are confused and weakened by assuming that the owner
ship and management of railway lines and the receipt,
and transportation, and delivery of passengers and
freights for hire, Avhich constitutes the business of a
common carrier are so inseparable, that they are neces
sarily parts of the same general business, while in the
nature of things and from the force of practices that
now extensively prevail on many lines of railway, they

390 THE STORY OF AN EARNEST LIFE.
are certainly different pursuits, and regulations intended
for the government of one have no fitness or proper appli
cation for the other. . . . It was with a view to break
up the monopoly of the use of their own railroad lines by
common carriers, and if possible to separate the owner
ship of railroad property from the prosecution of that
business, that the constitutional convention adopted the
tenth, the twelfth and the fourteenth sections of the
eleventh article of the constitution. Before the adop
tion of the constitution of 1870, the public mind had
become so affected with the impression that railways
could only be useful to the public as long as the corpo
rations controlling them were able to carry on business
as common carriers, that a disposition was sometimes ap
parent to consider the rolling-stock and other movable
property of railroad corporations as appurtenant to the
railroads. To correct that impression, and prevent its
further growth, the tenth section of the eleventh article
of the constitution was adopted, which declares that
"the rolling-stock and other movable property of any
railroad company in this state shall be considered per
sonal property, and shall be liable to execution and sale
in the same manner as the personal property of indi
viduals, and the general assembly shall pass no law ex
empting any such property from execution and sale."
And then to lay the foundation for the assertion of
the public right to authorize competition in the business
of carriers on the roads of the state, and to furnish the
basis for the proper definition of the rights of the own
ers of railroad property as against the public right by
its use, by the twelfth section of that article, it is declared
that "railroads heretofore constructed, or that may here
after be constructed in this state, are public highways,
and shall be free to all persons for the transportation of
their persons and property under such regulations as
shall be prescribed by law. And the fourteenth section
recognizes the right of the state to take the property of

MESSAGE TO LEGISLATURE. 391
corporations for public use to the same extent that the
property of individuals may be taken."
I then committed myself to the doctrine that railways
are public higliAvays, and that any carrier or company
of carriers might organize and carry freight or passen
gers to the extent that they might choose to determine,
subject to such compensation for the use of the fixed fa
cilities of railways to be ascertained by valuation.
With reference to the penitentiary, I said : "I still be
lieve that Avith proper legislation and judicious manage
ment it may be made eminently useful as a penal and
reformatory agency, and at the same time substantially
self-sustaining ; ' ' and at the same time I felt it my duty
to add: "The only practical system for the successful
management of the penitentiary in my judgment is that
which combines the retention of complete control of the
discipline and government of the convicts by the state
with the lease of their labor to persons engaged in special
pursuits." In reference to the reform school and in
ebriate hospital, I said: "Juvenile offenders, whose
crimes are most frequently the result of the incapacity
or the negligence of parents or guardians or neglected
orphanage, or, as experience has demonstrated, with re
spect to many of that class, of latent, intellectual or
moral incapacity or disease, while they attract and en
list the sympathies of the philanthropic, furnish the
most encouraging field for employment of reformatory
agencies, and it is to be hoped that as the state advances
in wealth and culture, a greater degree of attention will
be given not only to the classes intended to be provided
for and benefitted by the reform school, but to neglected
childhood wherever it may be found in the state . As to
the inebriate hospital, recent investigations have led the
most intelligent thinkers to the conclusion that drunken
ness is a form of disease that admits of treatment and
cure. . . . But enough is known to inspire a meas
ure of confidence in curing drunkenness, and no one
familiar with the subject avUI hesitate to confess that

392 THE STORY OF AN EARNEST LIFE.
from its extensive prevalence and the mischiefs and dan
gers it is constantly producing, all efforts should be made
to ascertain by experiments whether it does admit of
permanent cure ; nor would the failure of any experi
ment that might be made by the state relieve the sub
ject from embarrassment, for there will still remain in
the community a large and dangerous class to whom
may be traced the commission of a large proportion of
the crimes that afflict society and disturb social order, and
the time has come when it is a reproach to the state that
no measure can be deAtised which will bring relief. I
am aware that some urge that total prohibition of the
use of the liquors that produce intoxication is the proper
remedy for the evil of drunkenness ; but I have never
observed any satisfactory evidence of a real intention on
the part of the people to enforce prohibition, nor do I
believe that total prohibition of intoxicating agencies
possible. But if I am mistaken in this opinion, and the
time shall hereafter arrive Avhen the men Avho believe
the total prohibition of intoxicating liquors judicious or
possible will come to consider that object of enough im
portance to induce them to prefer its success to that of
political parties and vote according to their convictions
and succeed in giving effect to their views, the time is
not so near at hand that the general assembly should
on account of its approach delay to make provision to
relieve society from the almost unendurable evils than
drunkenness now produces. . . . Tomethetheori.es
upon which the laws respecting drunkenness depend are
manifestly absurd, as they are oppressive and unjust.
If it is a mere habit that inflicts no public injury, all
the laws that treat it as a crime are unjust and should
be at once repealed. If it is a crime, it should be pun
ished wherever committed.
"The laws should be enforced impartially without
regard to the social standing of the offender, and if a
crime, persons who become intoxicated ought to be sub
jected to the laws that authorize dangerous persons to

MESSAGE TO LEGISLATURE. 393
be restrained. If drunkenness is a disease or habit that
produces physical alterations that assume the form of
diseased mental or nervous action so that the subject be
comes an object of danger to individuals or to the public
peace, punishments that assume his legal responsibility
are unwarranted and unjust, though his confinement
may be justified upon grounds that are consistent with
proper regard for the safety of the public and with the
real interests of the unhappy victim. Accepting what
I conceive to be the most enlightened as well as the
most humane view of the subject, I recommend to the
general assembly the establishment of an asylum or a
retreat for inebriates, to which all persons conscious of
their unhappy condition may voluntarily resort upon
consenting to such conditions and regulations for the
government of their conduct as may be prescribed under
the authority of law, and to which all habitual drunkards
and persons Avho become dangerous when intoxicated
may be committed and, if need be, confined until cured.
The safety of individuals and of society is involved in
the success of the measure proposed."
After having referred to the revision of the laws, ju
diciary, the reports of the state officers in which I ex
pressed the sentiment that I cannot permit myself to
separate from these officers without testifying to the
faithfulness with which all of them have discharged their
duty to the state, I added proudly : "The State of Illi
nois is now substantially free from debt, and the time is
not distant when it will occupy the proud position
among the states of having discharged all its obliga
tions and of imposing no burdens upon its citizens, ex
cept such as may be required to carry on its govern
ment," and concluded in the following language : "No
one is more conscious than I am that in the necessarily
active share I have taken in the varied affairs of this
great commonwealth, I have in the judgment of some
committed mistakes, but I have in all my important
official acts been governed by my own convictions of

394 THE STORY OF AN EARNEST LIFE.
duty. . . . My duties to the government of the
United States begun with my birth, and have never been
forgotten nor neglected, . . . and I have felt under
the most solemn of earthly obligations to obey and de
fend and support the constitution and laws of the State
of Illinois, and to enforce the laws of the state against
all who might offend them."

ELECTORAL COUNT IN LOUISIANA IN 1876. 395

CHAPTER XXV.
Presidential canvass of 1876 — Hayes nominated by the Republicans —
Tilden nominated by the Democrats — Visited Louisiana — Hayes'
electors counted in — Correspondence between Democrats and Re
publicans — Report to Mr. Hewitt — Nominated for United States
Senate — Declined in favor of General Anderson — Election of Judge
Davis.
The Republican party had succeeded in the presi
dential elections of 1860 and 1864 with Lincoln, and
with Grant in 1868 and 1872, and were reluctant to con
cede the possibility of the election of a Democrat in
1876, and Avhen its national convention met on June 4,
1876, it was supposed that any Republican could be
elected. The convention afforded an example of a com
bination against the most popular candidate. During
the session it was "anything to beat Blaine." A num
ber of candidates were presented to the convention by
their friends ; among them were Benjamin H. Bristow,
of Kentucky ; Roscoe Conkling, of New York ; Marshall
Jewell, of Connecticut; Oliver P. Morton, the war gov
ernor, of Indiana ; John F. Hartranft, of Pennsylvania ;
Rutherford B. Hayes, of Ohio ; and James G. Blaine, of
Maine. Mr. Hayes was nominated on the seventh ballot, re
ceiving 384 votes, and 351 for Blaine, and 21 for Bris
tow, and Wm. A. Wheeler was nominated for the vice-
presidency. The two-thirds rule does not prevail in the
Republican national conventions, and Mr. Hayes was
nominated by a majority of the votes. The Democratic
national convention began its session on June 27, 1876,
and nominated Samuel J. Tilden, lately the governor of
New York, for the presidency, and Thomas A. Hen
dricks, late governor of Indiana, for the vice-presidency.
These nominations were received in a very different

396 THE STORY OF AN EARNEST LIFE.
spirit by the respective parties. Mr. Blaine Avas the
favorite of the Illinois Republicans, and his defeat cooled
their ardor, and humiliated them, while Mr. Hayes, wTho
was conceded to be an honest man, Avhich he had proved
as governor of Ohio, had about him nothing brilliant or
dazzling, as had Mr. Blaine.
Mr. Tilden, on the other hand, was esteemed by the
Democratic party as one of the great men of the country.
As governor of New York he had smashed the "Tweed
Ring," and had compelled the flight of the "Boss" and
his subordinates to foreign countries to avoid punish
ment for their crimes. Although I favored the resump
tion of specie payments, and held with Greeley, that the
proper "way to resume was to resume," and approved
the act of congress which required resumption by the
United States on January 1, 1879. I also favored tariff
reform, and determined to support Mr. Tilden. I did
so, and made a few speeches in his interest.
Tilden's election to the presidency, "according to the
returns," seemed to be assured and certain, but the
country was startled by a dispatch issued the morning
after the election by Hon. Zachariah Chandler, the chair
man of the Republican national committee, and secretary
of the interior in the cabinet of President Grant, that
"Rutherford B. Hayes has secured one hundred and
eighty-five electoral votes, and is elected."
This dispatch showed the purpose of the Republicans
to assail the returns of the election, and when the presi
dent, as he did, indicated certain Republicans from the
North to attend the canvass of the votes in the states of
Florida, Louisiana and South Carolina, it became cer
tain that the electoral votes of those states Avere to be
questioned. Mr. Abram S. Hewitt, chairman of the national Dem
ocratic committee, finding the votes of the states before
mentioned were attacked by the Republicans, selected a
number of Northern Democrats to attend the canvass of
the votes for election, and I Avas one of the persons

ELECTORAL COUNT IN LOUISIANA IN 1876. 397
chosen by Mr. Hewitt to go to Louisiana, and "witness
a fair count."
I received the dispatch from Mr. Hewitt on November
10, 1876, and left home and proceeded to New Orleans,
by way of Louisville, where I had my headquarters
Avhile I commanded the Department of Kentucky ; Nash
ville, where I had commanded troops during the civil
Avar, and then by Decatur, where I had crossed the Ten
nessee river on the retreat to Nashville, and by the way
of Mobile, which I had never seen, and arrived at New
Orleans on November 13th.
As soon as the representatives of the northern Demo
crats reached New Orleans I was elected chairman,
and we called upon Governor Kellogg, whom I had
known in Illinois, and afterwards I ascertained the
place of business of Mr. Cazenave, who Avas a member
of the returning board, and called upon him, and there
I had the good fortune to meet Mr. Kenner, who was
also a colored member of the returning board. During
my conversation with Cazenave and Kenner they stated
to me the general facts of the political situation of
Louisiana, and said to me that "in several parishes that
had given majorities for the Tilden electors intimidation
had been resorted to."
I told both of them that the "returning board was in
complete on account of the resignation of Mr. Oscar
Arroyo," which I had learned occurred in December,
1874, and advised them that the board had no jurisdic
tion of the election returns unless the vacancy Avas filled
by the action of the board, which it had power under
the laAV creating it.
I said to Cazenave and Kenner that the occasion was
a grand one in the history of the colored race, which
had unexpectedly fallen upon them, and that the des
tinies of both political parties was in their hands. I
urged them to fill the vacancy in the returning board,
and to see that such a return was made as would satisfy
the country of the integrity and capacity of the colored

398 THE STORY OF AN EARNEST LIFE.
race. Mr. Cazenave said in reply that the Democratic
party could not be trusted to take care of the colored
people, and said, in substance, that that party should
be kept out of power. He said that if it was a question
of making General Nichols Governor of Louisiana he
would be inclined to accept my suggestions.
He thought that General Nichols was in sympathy
Avith the colored race, at least to the extent of doing
justice to that race. I urged them to appoint a fair
man to fill the vacancy and to insist upon a colored
man, and said to them that they, with the colored man
(a Democrat) , that the three colored members of the
board, could make a report that would satisfy the
country that the negroes had the capacity, integrity
and courage to do right, and to present the facts in
regard to the election in Louisiana in such manner
that everybody would be satisfied that it was done
right. Cazenave 's answer after all that I had said was that
the Democrats could not be trusted with the interests of
the colored people, and Kennar was silent. I called
upon Governor Wells and had a conversation Avith him,
and watched for the coming of General Anderson who
had not appeared in the city.
Governor Wells appeared to regard himself as the rep
resentative of his party . He disliked the local politicians
of the Democratic party, and he felt an unwillingness
to fill the vacancy in the returning board, and professed
a want of confidence in any local Democrat. I told him
there Avas a general feeling throughout the United
States that the vacancy in the returning board should be
filled. He answered that the Democratic member of the
board, Mr. Arroyo, having resigned, the Democratic
party had forfeited its right to representation on the
returning board.
After General Anderson, a member of the returning
board, had reached the city, I had several conversations
with him. He seemed disposed to fill the vacancy on

ELECTORAL COUNT IN LOUISIANA IN 1876. 399
the board, but he could not agree with his colleagues
on the man to be appointed, Avhich was probably a mere
pretense. He bore testimony to the intelligence and integrity of
Dr. Hugh Kennedy, the person recommended by the
Democrats, but the vacancy was never filled. After I
had my several conversations with Cazenave and Kenner,
the colored members, and Avith Wells and Anderson, the
white members of the returning board, I Avas satisfied
that they would declare the Hayes electors to have
been chosen by the voters of Louisiana.
I thought Cazenave to be an honest man from his
standpoint, but he thought that the interests of the
colored race demanded the election of Hayes to the
presidency, and blinded by prejudice he was incapable
of doing justice to the subject or of a decision according
to law. Kenner was a very "common mulatto" and
was controlled by Wells, whose mind was made up as
soon as he perceived the importance of the questions
submitted to the returning board, and General "Tom."
Anderson was a soldier of fortune, ready to take any
service and to find according to his interest.
After the Republican visitors reached New Orleans, a
meeting of the Democratic visitors Avas held, which con
sisted of Lyman Trumbull and William R. Morrison, of
Illinois ; Samuel J. Randall, A. G. Curtin and William
Bigler, of Pennsylvania; J. R. Doolittle and Geo. B.
Smith, of Wisconsin ; Joseph E. McDonald, Geo. W.
Julian, M. D. Manson and John Love, of Indiana ; Henry
Watterson, J. W. Stevenson and Henry D. McHenry, of
Kentucky ; Oswald Ottendorfer and others of New York,
and myself, and we attempted to secure the co-operation
of the Republicans in preparing a statement of the pro
ceedings of the returning board of Louisiana, to be laid
before the country.
Reply of the Republicans relative to a conference.
(We had the following correspondence with them . Our
letter omitted) :

400 THE STORY OF AN EARNEST LIFE.
"New Orleans, La., Nov. 16, 1876.
"Gentlemen — We are gratified to learn that we have
misapprehended the language and spirit of your com
munication of November 14th, inst., and that we were
in error in attributing to you the purpose to interfere
with legally constituted authorities in this state in the
discharge of their duties. Perhaps this apprehension
was the natural result of the language employed. Our
request was to meet and confer with you personally or
through committees, in order that such influence as we
possess maybe exerted in behalf of such a canvass of the
votes actually cast, as by its fairness and impartiality
shall command the respect and acquiescence of the
American people. This, as we understood it, was for
the purpose of influencing the action of the returning
board in the discharge of its duties. The president had
requested us to attend to witness, not to influence such
a canvass, and knows that such request by him was
not intended to witness the count of votes actually cast,
but the entire proceedings of the board in reaching the
result. As to the votes legally cast to be counted, Ave
are gratified to learn that you concur with the president,
and with us in this understanding. You also state that
you are fully aAvare that both the organization and ac
tion, judicial and ministerial, of the returning board of
Louisiana, was beyond the authoritative control from
without ; and that it would be the height of arrogance
and folly to attempt to alter the laws of a state of Avhich
we are not citizens, or to obtrude our interpretation of
the laws upon those whose duty it is to administer them.
We may therefore, as Ave think, assume that you avUI agree
Avith us, that it would be arrogance equally to attempt
by our concerted action to influence the proceedings or
the results of courts of justice, or of boards acting
judicially, and hence we are gratified at being able from
the language and tenor of your letter, to assume that
you did not wish to confer with us for the purpose of in
fluencing the action of the returning board, but only to

ELECTORAL CONTEST IN LOUISIANA IN 1876. 401
secure such co-operation on our part as Avould enable us
jointly with yourselves to witness the proceedings
throughout. Conference for such purpose would now
seem to be unnecessary, as we learn from a communica
tion just received from the board, which appears to us, to
accomplish what, by your explanatory note, you desire to
attain through the proposed conference. We will add
that it is very apparent that if your wish is to see a fair
and honest expression of the electoral vote of Louisiana,
there is no difference between ourselves and you except
as to our conduct with reference to that result. You
have proposed conference and active associated influence ;
this we regard as beyond our duty, or our privilege as in
dividuals. We shall be happy at all times to confer with
you as individuals, to co-operate in whatever is right, but
concerted action, for the purpose of influencing an of
ficial board, we hold to be beyond our privilege, and Ave
shall hope that all may come to pass which good citizens
can wish, without the use of any such means. We re
main, gentlemen, Very respectfully,
"Signed by John Sherman, Stanley Matthews, J. A.
Garfield, Ohio; E. W. Stoughton, J. W. Van Allen,
New York; W. D. Kelley, Pennsylvania; Joe E.
Stevenson, Ohio ; Eugene Hale, Maine ; J. M. Tuttle,
J. M. Chapman, W. R. Smith, W. A. McGrew, Iowa ;
Sidney Clarke, J. C. Wilson, Kansas; C. B. Farwell,
Abner Taylor, J. M. Beardsley, S. R. Haven, Illinois ;
John Colburn, Will. Cumback, Indiana; C. Irvin Ditty,
Maryland. "To Hon. John M. Palmer, Lyman Trumbull, W. R.
Morrison, Illinois ; Samuel J. Randall, A. J. Curtin,
Wm. Bigler, Pennsylvania; J. R. Doolittle, Geo. B.
Smith, Wisconsin; J. E. McDonald, Indiana; and
others." The following is the reply to the Rebublicans' letter
yesterday refusing to confer with the Democrats :
26

402 THE STORY OF AN EARNEST LIFE.
"New Orleans, La., Nov. 17th.
' ' Gentlemen — We are in receipt of your answer to our
letter of the 14th inst., in which you inform us of your
determination not to . confer with us for the purpose of
exerting such influence as we may possess in behalf of
such canvass of the votes actually cast in Louisiana as
by its fairness and impartiality shall command the ac
quiescence and respect of all parties. We sincerely re
gret this failure of our attempt to secure a co-operation
of citizens from other states, in furtherance of the pur
pose which, as we supposed, had brought them hither at
this juncture.
"It can hardly have escaped your notice that our state
ment of the result to be obtained by the co-operative ac
tion which Ave sought to bring about, was a simple re
production of the language of President Grant, at whose
request you are here. In his recent orders to General
Sherman, that language was deliberately used, no doubt,
in vieAV of the fact, about which, as we conceive, there
can be no dispute, that the first and most essential pre
requisite to an honest, just declaration of the result of
the recent election in Louisiana, is a fair and impartial
canvass of the votes really cast, to include votes Ulegally
cast, as you certainly do us injustice, or imputation, of
a desire to insist upon such a narroAV and vicious in
terpretation. In our judgment, the expression, 'votes
actually cast, ' of necessity designates votes legally cast,
and as a consequence of such votes only did we desire
to secure a fair and impartial canvass.
"We beg leave to say, therefore, that you are mistaken
in the belief that we sought unduly to name a basis on
Avhich we invited your co-operative action, and you are
no less in error in attributing to us a purpose to inter
fere with the legal authorities of this state in the dis
charge of their duties, or to claim rights, and to arro
gate to ourselves powers which we do not possess. In
writing our letter, we were fully aware that both the
organization and action, whether judicial or ministerial,

ELECTORAL VOTE IN LOUISIANA IN 1876. 403
of the returning board of Louisiana, were beyond any
authoritative control from without, and that it would be
the height of arrogance and folly to attempt to alter the
laws of a state of which we are not citizens, or to in
trude our interpretation of these laws upon those whose
duty it is to administer them ; but we had supposed , never
theless, that there was an influence which might be right
fully exerted, even by citizens of this republic, who are
strangers in this state, and we had taken it for granted
that your presence here, in response to the suggestion of
the president was a recognition of the fact. We had not
supposed that it was improper for us to remind the au
thorities of the state, by our mere presence at least, that
there are certain rules of fairness and justice which un
derlie all constitutions and laws, and upon whose ob
servance most depends the acquiescence of the people of
all parties in the declared result of the Louisiana elec
tion. Rules such as these : That no one ought to be judge
of his own case ; that the decision of any contest ought
not to depend upon the arbitrament of one of the par
ties thereto ; that before such decision is made, both par
ties ought to be fully and fairly heard ; that all ques
tions of law ought to be decided in conformity with its
established general principles, and all questions of fact,
upon evidence duly presented and weighed under rules
which are of universal recognition in all the states of
this Union ; that the trial of all causes involving public
interests at least ought to be public, and that all pro
ceedings resorted to for the purpose of determining is
sues to the present electoral contest ought, by their
manifest impartiality, to disarm suspicion that the forms
of law have been perverted into instruments for viola
tion of its spirit.
"In this connection, we may be permitted to observe
that, while undoubtedly, as you say, a sedulous inculca
tion and cultivation of habits of obedience to forms of
law is vital to the preservation of constitutional liberty,
it is no less important that a refusal to yield such

404 THE STORY OF AN EARNEST LIFE.
obedience be not provoked by using these forms as a
means for subverting the very ends for which they were
designed. "Without undertaking to question the sincerity of the
belief which you are at pains to express, that you know
of no reason to doubt that the Louisiana returning
board will make a perfectly honest and just declaration
of the results of the recent election in Louisiana, we
deem it not improper to remind you that the presence
in this city of so many citizens from all parts of the
Union, at this moment, seems to be evidence of a Avidely
prevalent distrust of the actions of this board, and that
such distrust has this foundation at, least that the con
struction of the board has not been changed since its
returns were set aside by a congressional committee, of
which the Republican candidate for vice-president was a
member, and this distrust is not unnatural, in view of
the fact, that, as we understood, one of the members of
the returning board is a candidate voted for at the recent
election. Another is the holder of an office of profit and
trust by appointment of the present executive of the
national government, while the members of the board
are believed to be in affiliation with but one of the parties
to the present political contest.
"In view of all this, it is hardly necessary to add that
the terms of our letter were not designed to prejudge
the question whether the functions of the returning
board were judicial or ministerial, or both, but simply
to invite you to see, with us, whatever may be the char
acter of these functions, they are openly, fairly and hon
estly discharged ; and while we thus refrained from any
attempt at stating a construction of the laws of Louis
iana, Ave deemed it equally irrelevant to the subject of
our correspondence with you to allude to the duties de
volving upon officers other than constituents of the
Louisiana returning board under the laws of the consti
tution of the United States.
"Whether, as you observe byway of illustration under

ELECTORAL COUNT IN LOUISIANA IN 1876. 405
the constitution, the president of the senate both counts
and declares the votes of the several states, his duty
being purely ministerial and not subject to the control
of congress, or whether, as has been the practice for
more than eighty years — a practice inaugurated by men
some of Avhom had been framers of the constitution —
votes are to be counted under the direction and control
of the senate and house of representatives, is a question
upon the discussion of which we deem it no part of our
duty to enter.
"In conclusion, permit us to say that, notwithstanding
your refusal to co-operate, we still cherish the hope that
the returning board, warned by the history of the past
and conscious that its actions are being observed by the
whole nation, will discharge its delicate duties with such
circumspection, fairness and impartiality as shall give
satisfaction to the American people. To this end, we
will continue to labor. Should a different result follow
the action of this board, we shall have the satisfaction
of knowing that, while you have taken the responsibility
of declining to act Avith us, we have done all in our
power to avert the consequences which must follow.
"Very respectfully,
"John M. Palmer, Illinois,
"Lyman Trumbull, Illinois,
"W. R. Morrison, Illinois,
"Samuel J. Randall, Pennsylvania,
"A. G. Curtin, Pennsylvania,
"Wm. Bigler, Pennsylvania,
"J. R. Doolittle, Wisconsin,
"Geo. B. Smith, Wisconsin,
"J. E. McDonald, Indiana, and others."
The following correspondence took place on Thursday
and Friday between the northern Democratic and Re
publican committees, now in New Orleans, watching the
canvass of the vote of Louisiana by the returning board :

406 THE STORY OF AN EARNEST LIFE.
"New Orleans, La., November 30, 1876.
"Hon. John M. Palmer, Chairman: Dear Sir — It is
our purpose to communicate to the president copies of
the testimony of witnesses taken under the order of the
board of returning officers before a commissioner, but
we have no means of getting copies of such depositions
as are taken in behalf of the Democratic candidates for
electors. If you will secure us copies, with depositions,
we wUl with pleasure transmit them with the copies of
depositions taken by the Republican candidates, so that
if printed hereafter, the whole body of testimony may
be read and considered together. No doubt a request
by you of the gentlemen taking depositions will enable
you to comply with our wish for a copy of them.
(Signed,) "John Sherman."
"New Orleans, La., Dec. 1, 1876.
"Hon. John Sherman: Dear Sir — Your note of yes
terday's date received this morning, and at once laid be
fore the gentlemen with whom I am associated, and they
instruct me to answer that they are extremely anxious
that all facts relating to the election of presidential
electors in Louisiana shall be known to the people of the
United States, but that your note contains no assurance
that the evidence coUected here will be laid before the
country. They further instruct me to say, that, upon
that and other grounds, they decline to be the medium
of communication between representatives of the presi
dent and citizens who, at the late election voted for presi
dential electors.
"They would gladly unite and co-operate with you
and associates in collecting and collating for publication
such returns, protests, petitions, exceptions and evidence
taken by all parties, with any other parties Avhich may
be necessary to a full understanding of all the questions
at issue in the election for presidential electors in this
state. "In view of your proposition, and the importance of a

ELECTORAL COUNT IN LOUISIANA IN 1875. 407
proper understanding of all the facts by the country, we
must express our regrets that you declined the co-op
erative action proposed by us in the beginning.
"Very respectfully, John M. Palmer."
An Address to the People.
New Orleans, Dec. 1. The Democratic visiting com
mittee issued the following address :
"To the People of the United States.
"Upon our arrival here, in casting about for ap
proaches to officials Avho control the elections in this
state, we discovered that they were all of one political
party ; that the governor had appointed none but Re
publican supervisors of election, and that the returning
officers constituting the state board were of the same
political school.
"Influenced by those inauspicious surroundings, our
thoughts and hopes were turned towards the eminent
gentlemen who had been selected by the president to be
present, and see that the board of canvassers made a
fair count of the votes actually cast, and on November
14th we invited these gentlemen to meet and confer Avith
us. This co-operation was declined, but nevertheless we
have reason to believe that to this correspondence may
be attributed the invitation to us, on the 18th ult., by
the returning board to be present at its meetings as
spectators and witnesses of its proceedings.
"Through this courtesy, and the services of a competent
stenographer, we are possessed of all the essential facts,
, determined on the facts of the official papers. We have
been furnished with a certified copy of the duplicate
statement of votes made by the commissioners of elec
tion at each place of voting in the state. From these state
ments it appears that Tilden electors received the fol
lowing votes, to-Avit; McEnery, 83,712; Wickliffe, 83,-
880; St. Martin, 83,676; Poche, 83,539; De Blanc,
83,667; Seay, 83,842; Cobb, 83,579; Cross, 83,652, and

408 THE STORY OF AN EARNEST LIFE.
the Hayes electors received the following votes to-wit :
Kellogg, 77,152; Burch, 77,144; Joseph, 74,889; Shel
don, 74,844 ; Marks, 75,221 ; Levisse, 75,570 ; Brewster,
75,457; Jefferson, 75,956.
"The result for the vote of the presidential electors,
as disclosed on the face of the returns opened by the re
turning board in our presence for the Tilden electors,
McEnery, 82,233; Wickliffe, 82,326; St. Martin, 82,-
129; Poche, 82,036; De Blanc, 82,065; Seay, 32,242;
Cobb, 81,959; Cross, 82,109.
"For the Hayes electors: Kellogg, 77,023; Burch,
76,983; Joseph, 74,642; Sheldon, 74,678; Marks, 75,-
087; Levisse, 75,157, Brewster, 72,270; Jefferson,
75,390. "In most cases the returns opened by the returning
board correspond with the certified copies of statements
of the commissioners of elections furnished us. The
most material arose from the failure of the supervisors
of East Baton Rouge, Tangipahoa and Orleans to for
ward statements of votes from all voting places in their
respective parishes. In thirty-five out of the thirty-
eight states of the Union these figures would be con
clusive. "No one would claim that Tilden and Hendricks were
not entitled to the electoral vote of the state, but in Louisi
ana a tribunal has been set up, Avhich on a former occasion,
has overthrown the will of the people as expressed at
the polls, and for which power is now claimed, in its
discretion, to change the results of the popular vote at
the present election. In view, however, of the returns,
the law and the facts which should control the return
ing board, with which we have made ourselves familiar,
we have no hesitation in saying that the result shown
by the votes actually cast cannot be changed without a
palpable abuse of the letter and spirit of the law govern
ing the returning board and manifest perversion of the
facts before it.
"Irregularities have been committed in some instances

ELECTORAL COUNT IN LOUISIANA IN 1876. 409
by officers conducting elections and in making returns,
but they are about as much on one side as the other, and
as to intimidation, violence, or other illegal acts pre
venting a free and fair election, there is evidence on
both sides ; but not of sufficient character to affect the
general result.
"In most instances the acts of violence proceeded
from mere laAvlessness, as in the case of the Pinkston
family, and had no connection with politics. It is a
significant fact that in parishes Avhere it is alleged that
voters were kept from the polls by intimidation, the total
vote of such parishes Avas as large as at any time hereto
fore, and in the Avhole state it is 1,500 above any vote
heretofore cast.
"An honest and fair canvass of the returns, even un
der the laws of Louisiana, cannot materially reduce
Tilden's majority as shown on the face of the returns.
(Signed,) John M. Palmer,
Lyman Trumbull,
Wm. Bigler,
Geo. B. Smith,
Geo. W. Julian,
P. H. Watson,
"To Hon. Abram S. Hewitt, Chairman Democratic
National Committee.
"The returning board of Louisiana having this day
promulgated, as the result of the recent election in that
state, that the Hayes and Wheeler candidates for elect
ors received a majority of the votes, we who by invita
tion watched the proceedings of the board in opening
and canvassing the returns until it went into secret
session, deem it our duty to lay before you and the pub
lic such facts connected with the election and the re
turns as will, we think, clearly show that the action of
the returning board in proclaiming the election of the
Hayes electors as arbitrary, unfair and without warrant
of law, and we adopt as applicable to this canvass the

410 THE STORY OF AN EARNEST LIFE.
language of a report made the United States house of
representatives in 1875, by George F. Hoar, William A.
Wheeler and William P. Fry, in regard to the canvass
of 1872, in which they say, 'The so-called canvass made
by the returning board in the interest of Kellogg seems
to us to have no validity and is entitled to no respect
whatever.' We also adopt the language of this same
report upon the condition of Louisiana in 1875, 'In the
State of Louisiana there is a governor in office who
owes his seat to the interference of the national power,
which has recognized his title to his office not by reason
of any ascertainment of the facts by legal process, but
has based its action solely on the illegal order of a
judge. In the same state there is a legislature one
branch of which derives its authority partly from the
same order, the other being organized by a majority
who have been established in power by another inter
ference of the national government, and which majority
derives its title not from any legal ascertainment of the
facts but from the certificates of a returning board
which has misconceived and exceeded its legal au
thority. '
"November 18, 1876, before the returning board com
menced the canvass of the electoral vote, the candidates
for electors on the Democratic ticket presented a protest
against its jurisdiction over the subject or its canvass of
the votes relating to the same. The protest was sum
marily overruled by the board without affording an
opportunity for argument. No legal proposition, in our
opinion, is clearer than that the board was mistaken as
to its poAvers, and that 'it had nothing whatever to do
Avith the electoral vote.' Each state shall appoint in such
manner as the legislature thereof may direct a number
of electors equal to the whole number of senators and
representatives to which the state may be entitled in the
congress, but no senator or representative, or person
holding an office of trust or profit under the United
States, shall be appointed as an elector.

ELECTORAL COUNT IN LOUISIANA IN 1876. 411
"The legislature of Louisiana has either directed the
manner in Avhich electors in that state shall be appointed
or it has not. The election law of 1872, and amend
ments under which the returning board is created and
acts, makes no provision as to the manner of appointing
electors of presidents and vice-presidents, whether by
the legislature or by vote of the people, nor whether by
the state at large or by congressional districts, nor does
it contain any provisions as to the qualifications of elec
tors, the place where they are to meet, nor for filling
vacancies. Section 71 of that act declares as follows:
'That this act shall take effect from and after its passage,
and that all others on the subject of election laws be
and the same are hereby repealed.' This is not an
implied, but a direct, repeal of all election laws to which
it refers, and if it repeals the previous act of 1868, re
vised in 1870, providing for the appointment of presi
dential electors, it repeals the whole of it and all its pro
visions, and there is no law of the state on that subject,
and of course the board would have no jurisdiction to
canvass votes cast for such officers. If, on the other
hand, the act of 1872 does not repeal the law of 1870,
then presidential electors must be appointed, and the
canvass of the votes therefor must be made in accord
ance with the law of 1870, and the returning board has
no jurisdiction over the subject, as will be seen by refer
ence to some of the provisions of the act of 1870, which
are as follows :
"Section 2824. Every qualified voter in the state shall
vote for electors as follows : Tavo persons shall be
selected from the state at large, and one person shall be
chosen from each congressional district in the state ; and
in case any ticket shall contain two or more names of
persons residing in the same district (except the two
chosen from the state at large) the first of such names
only shall be considered as duly voted for.
"Section 2825. No person shall be considered a quali
fied elector who is not a qualified voter in the district for

412 THE STORY OF AN EARNEST LIFE.
Avhich he is chosen, or in case of being selected for the
state at large, then of some parish of the state.
"Section 2826. Immediately after the receipt of a re
turn from each parish, or on the fourth Monday of
November, if the returns should not sooner arrive, the
governor, in the presence of the secretary of state, the
attorney -general, a district judge of the district in which
the seat of government may be established, or any
two of them, shall examine the returns and ascertain
therefrom the persons who have been duly elected
electors. "Section 2829. The electors shall meet at the seat of
government on the day appointed for tlieir meeting by
the act of congress, and shall then and there proceed
to execute the duties and services enjoined upon them
by the constitution of the United States in the manner
therein prescribed.
"Section 2830. If any one or more of the electors
chosen by the people shall fail for any cause whatever to
attend at the appointed place at the hour of 4 p. m. of
the day prescribed for their meeting, it shall be the duty
of the other electors immediately to proceed by ballot to
fill such vacancy or vacancies."
"It is immaterial, so far as it affects the jurisdiction
of the returning board, whether the act of 1870, relating
to the appointment of presidential electors, is repealed
or not. If repealed, there is no law in Louisiana for the
appointment of presidential electors ; if not repealed,
then the canvass of the returns for such electors
must be made by the governor in the presence of the
secretary of state, the attorney-general, a judge of the
district in which the seat of government may be estab
lished, or any two of them, as required by the act of
1870 ; and in making such canvass, they would be con
fined to an ascertainment of the persons elected, accord
ing to the returns, without authority to reject votes. In
no event can the returning board have jurisdiction over
the returns of electors of president and vice-president,

ELECTORAL COUNT IN LOUISIANA IN 1876. 413
and their canvass of the same is therefore a nullity and
entitled to no respect from anyone. In another aspect,
it may be important to determine whether the act of
1870 is repealed, for if it is, the statutes of the state pro
vide no mode of filling vacancies in the electoral college,
and it is understood that two of the electoral candidates
on the Republican ticket held offices of trust or profit
under the United States at the time of the election, and
could not, therefore, be appointed electors. Other ob
jections were made to the jurisdiction of the returning
board . That it was anti-Republican ; that it was in
conflict with the constitution of the state, in that it un
dertook to exercise judicial functions, and in that with
only four members it was not legally constituted. The
election law declares : 'That five persons, to be elected
by the senate from all political parties, shall be the re
turning officers for all elections in the state, a majority of
whom shall constitute a quorum, and have poAver to
make the returns of all elections. In case of vacancy,
by death, resignation or otherwise, by either of the
board, then the vacancy shall be filled by the residue of
the board of returning officers.' The present board con
sists of only four members, to wit : J. Madison Wells,
T. C. Anderson, G. Casanave and Louis M. Kenner, one
of whom, T. C. Anderson, was a candidate for the
state senate at the recent election on the Republican
ticket. All are members of the Republican party. They
are the same persons who constituted the returning board
in 1874, and canvassed the election returns of that
year, and of whom a committee of the house of repre
sentatives of the United States, composed of Messrs.
Hoar, Wheeler, Fry, Foster, Phelps, Marshall and Pot
ter, after careful investigation of its action, said: 'We
are constrained to declare that the action of the return
ing board, on the whole, was arbitrary, unjust and in
our opinion illegal.'
"The vacancy in the board, occasioned by the resig
nation of Oscar Arroyo, in December, 1874, has never

414 THE STORY OF AN EARNEST LIFE.
been filled, although repeated applications by the repre
sentatives of the Democratic conservative party of the
state and its candidates have been made to the board
to fill the same. The foregoing committee of the house
of representatives, commenting on the failure of the
board to fill the vacancy in 1874, when it occurred,
said : 'Your committee think the laAV as to the consti
tution of the board was not complied with.' If this
view be correct, the board is not so constituted as to
have authority to act at all. The entire clerical force
appointed by the board at its present session to compile
the votes cast is also Republican, and the board refused an
application to appoint any clerk or to allow any person
of the opposite party to be present to witness the com
pilation, and even excluded the United States supervisors
of election under the act of congress.
"The laws of Louisiana require a registration of
voters every two years by officers appointed by the gov
ernor of the state — the registration to commence the last
Monday of August, pending the general election in Novem
ber. The election law of the state contains the follow
ing provisions for conducting the election, making re
turns, etc., to wit :
"Section 26. Be it further enacted, etc., That in any
parish, precinct, ward, city or town in which, during the
time of registration, or revision of registration, or on
any day of election, there shall be any riot, tumult, acts
of violence, intimidation and disturbance, bribery or
corrupt influences shall prevent or tend to prevent a
fair, free, peaceable and full vote of all the qualified
electors of said parish, precinct, ward, city or town, it
shall be the duty of the commissioners of election, if
such riot, tumult, acts of violence, intimidation and dis
turbance, bribery or corrupt influences, occur on the day
of election, or of the supervisors of registration of the par
ish, if they occur during the time of registration or re
vision of registration, and make in duplicate and under
oath a clear and full statement of all the facts relating.

ELECTORAL COUNT IN LOUISIANA IN 1876. 415
thereto, and of the effect produced of such riot, tumult,
acts of violence, intimidation and disturbance, bribery or
corrupt influences, in preventing a fair, free and full regis
tration or election, and of the number of qualified elect
ors deterred by such riot, tumult, acts of violence, in
timidation and disturbance, bribery or corrupt influ
ences, from registering or voting ; which statement shall
also be corroborated under oath by three respectable
citizens, qualified electors of the parish. When such
statement is made by a commissioner of election, or a
supervisor of registration, he shall fonvard it in dupli
cate to the supervisor of registration of the parish ; if
in the city of New Orleans, to the secretary of state, one
copy of which, if made by the supervisor of registration,
shall be forwarded by him to the returning officers pro
vided for in section 2 of this act, when he makes the re
turns of the election in his parish. His copy of said
statement shall be so annexed to his returns of election,
by paste, wax or some adhesive substance that the same
can be kept together, and the other copy the supervisor
of registration shall deliver to the clerk of the court of
his parish for the use of the district attorney."
"Section 13. Be it further enacted, etc., That it shall
be the duty of the commissioners of election at each poll
or voting place to keep a list of the names of all persons
voting at such poll or voting place, which list shall be
numbered from one to the end ; and said list of voters,
with their names and numbers as aforesaid, shall be signed
and sworn to as correct by the commissioners immedi
ately on closing of the polls, and before leaving the place,
and before opening of the box. If no judge or justice
of the peace, or other person authorized to administer
such oath, be present to do so, it may be administered
by any voter. The votes shall be counted by the com
missioners, at each voting place, immediately after clos
ing the election and without moving the boxes from the
place to where the votes were received, and the count

416 THE STORY OF AN EARNEST LIFE.
must be done in the presence of any bystander or citizen
who may be present.
"Tally-lists shall be kept of the count, and after the
count the ballots counted shall be put back into the box
and preserved until after the next term of the criminal
or district court, as the case may be ; and in the parishes,
except Orleans, the commissioners of election, or any
one of them selected for the purpose, shall carry the box
and deliver it to the clerk of the district court, who shall
preserve the same as above required ; and in the parish
of Orleans the box shall be delivered to the clerk for the
first district court for the parish of Orleans, and be kept
by him as above directed.
"Section 43. Be it further enacted, etc., That, imme
diately upon the close of the polls on the day of election,
the commissioners of election at each poll shall proceed
to count the votes, as provided in section 13 of this act ;
and, after they shall have so counted the votes and made
a list of the names of all the persons voted for, and the
offices for which they were voted for, and the number of
ballots contained in the box, and the number rejected
and the reasons therefor, duplicates of such lists shall be
made out, signed and sworn to by the commissioners of
election of each poll, and such duplicate lists shall be
delivered, one to the supervisor of registration of the
parish, and one to the clerk of the district court of the
parish, and in the parish of Orleans to the secretary of
state, by one or all of said commissioners, in person,
Avithin twenty-four hours after the closing of the polls.
"It shall be the duty of the supervisors of registration,
within twenty -four hours after the receipt of all the re
turns for the different polling places, to consolidate such
returns to be certified as correct by the clerk of the dis
trict court, and forward the consolidated returns, with
the originals received by him, to the returning officers
provided for in section 2 of this act, the said report and
returns to be enclosed in an envelope of strong paper or
cloth, securely sealed, and fonvarded by mail.

ELECTORAL COUNT IN LOUISIANA IN 1876. 417
"He shall forward a copy of any statement as to vio
lence or disturbance, bribery or corruption, or other of
fenses specified in section 26 of this act, if any there be,
together with all the memoranda and tally-lists used in
making the count and statement of votes.
"Section 2 declares: That, Avithin ten days after the
closing of the election, said returning officers shall meet
in New Orleans to canvass and compile the statements
of votes made by the commissioners of election, and
make returns of the election to the secretary of state.
They shall continue in session until such returns have
been compiled. The presiding officer shall at such meet
ing open, in the presence of said returning officers, the
statements of the commissioners of election, and the
said returning officers shall, from said statements, can
vass and compile the returns of the election in duplicate ;
one copy of such returns they shall file in the office of
the secretary of state, and of one copy they shall make
public proclamation by printing in the official journal
and such other newspapers as they may deem proper,
declaring the names of all persons voted for, the number
of votes for each person and the names of the persons
who have been duly and lawfully elected. The returns
of the election thus made and promulgated shall be prima
facie evidence in all courts of justice before civil officers,
until set aside after a contest, according to law, of the
right of any person named therein to hold and exercise
the office to which he shall by such return be declared
elected. The governor shall, within thirty days there
after, issue commissions to all officers thus declared
elected who are required by law to be commissioned.
"Section 2. Be it further enacted, etc., That in any
such canvass and compilation the returning officers shall
observe the following order: they shall compile, first,
the statements from all polls or voting places at which
there shall have been a fair, free and peaceable registra
tion and election. Whenever, from any poll or voting
27

418 THE STORY OF AN EARNEST LIFE.
place there shall be received the statement of any super
visor of registration or commissioner of election in form
as required by section 26 of this act, on affidavit of three
or more citizens of any riot, tumult, acts of violence, in
timidation, armed disturbance, bribery or corrupt influ
ences which prevented or tended to prevent, a fair,
free and peaceable vote of all qualified electors entitled
to vote at such poll or voting place, such returning offi
cers shall not canvass, count or compile the statement
of votes from such poll or voting place until the state
ments from all other polls or voting places shall have
been canvassed or compiled. The returning officers
shall then proceed to investigate the statements of riot,
tumult, acts of violence, intimidation, armed disturb
ance, bribery or corrupt influences at any such poll or
voting place ; and if from the evidence of such statement
they shall be convinced that such riot, tumult, acts of
violence, intimidation, armed disturbance, bribery or
corrupt influences did not materially interfere with the
purity and freedom of the election at such poll or voting
place, or did not prevent a sufficient number of qualified
voters from registering or voting to materially change
the result of the election, then and not otherwise, said re
turning officers shall canvass and compile the vote of
such poll or voting place with those previously canvassed
and compiled ; but if said returning officers shall not be
fully satisfied thereof, it shall be their duty to examine
further testimony in regard thereto, and to this end
they shall have power to send for persons and papers.
"If, after such examination, the said returning officers
shall be convinced that said riot, tumult, or act of
violence, intimidation, armed disturbance, bribery or cor
rupt influences did materially interfere with the purity
and freedom of the election at such poll or voting place,
or did prevent a sufficient number of qualified voters
thereat from registering and voting to materially change
the result of the election, then the said returning officers
shall not canvass or compile the statement of the votes of

ELECTORAL COUNT IN LOUISIANA IN 1876. 419
such poll or voting place, but shall exclude it from their
returns ; provided, that any person interested in said
election by reason of being a candidate for office, shall
be allowed a hearing before said returning officers upon
making application within the time allowed for the for-
Avarding of the returns of said election.
"Under section 2 of the foregoing provisions, it will
be seen that the duty of the board of returning officers is
similar to that of state canvassing boards in most of the
other states of the Union, simply 'to canvass and com
pile the statements of the commissioners of election,' and
proclaim the result, and this is the whole duty of the
returning board, unless the commissioners of election or
the supervisor of some parish imposes upon it a further
duty, as provided in sections 26 and 43. In commenting
upon the powers of the returning board we avail our
selves of the able argument of Judge Spofford made be
fore it. 'No one has the right to attack the returns from
any poll, ward or parish in the state on account of undue
influence, intimidation or other acts of violence, unless
the foundation therefor be first laid by the statement of
the commissioners of election at the particular poll, if
the acts occurred on election day ; or of the supervisors
of registration of the parish if they occurred during
registration, as provided in sections 26 and 43. The
board has no legal authority to receive or give effect to
statements of outside parties till the proper commission
ers of election and supervisor have spoken. Nor has the
board been invested with power to institute complaints
against any poll ex officio, or of its own motion. It cannot
blot out or fail to count a solitary vote returned, unless a
legal foundation has been laid for inquiry by the supervisor
of the parish where the vote was cast, or by one of the commis
sioners of election reporting through such supervisor; and
even they, the supervisor and commissioners, can only
lay a foundation for inquiry in the board by making and
forwarding, in the prescribed manner, their official
"statements" contemporaneously with their returns, and

420 THE STORY OF AN EARNEST LIFE.
in the very form set forth by section 26 of the act in
question, challenging the votes of whole cities and
parishes by unofficial persons, even though they are can
didates, is a startling and laAvless innovation.'
"No outside protest can be entertained, because even
a supervisor's 'statement' can receive no consideration by
the board, but must be wholly disregarded, unless made
at a time and in a manner which no outside party could
possibly comply with.
"His 'statement' (or that of his subordinate commis
sioner) must form an integral part of his return and
official report ; it cannot be made up at a different time
and place from the return, to which the law requires it
to be attached 'by paste, wax or some other adhesive sub
stance,' and a duplicate thereto must be lodged by him
with the clerk of the court of his parish; it must be made
under oath ; it must be a clear and full statement of all
the facts and of the effect produced thereby. Such a,
statement, so annexed and sent by mail, is the only kind
of statement the board can notice at all so as to institute
an inquiry into intimidation, etc.
"The intent of the law is plain and indisputable, that
all the supervisors should be engaged simultaneously in
the several parishes in completing their returns and state
ments on the spot where the election was held, without
communication Avith each other or with persons beyond
the parish, and before they can obtain information of
what has been done in other parishes or of the general
result. And the reason for these minute, mandatory and
imperative provisions is equally obvious.
"It was precisely to shut out from consideration by
the returning board all such ex post facto complaints as
have been trumped up and illegally thrust in here at the
last moment by Mr. Kellogg, Mr. Packard and Mr.
Brewster, and even by some of the supervisors therm
selves. ' 'The law has not been complied with ; most of the
supervisors who have put in complaints have not written

ELECTORAL COUNT IN LOUISIANA IN 1876. 421
them at the proper time and proper parish ; they have
not annexed them to the returns, sealed and sent them
by mail ; they have brought down their returns to this
city with no statement so annexed, but have patched up
statements here at an improper time and in an improper
place. They could only fulfill their duties according to
law by finishing their returns, attached statements and
all, and mailing them, sealed in one envelope, at one of
their parish postoffices within the time required by law.
It is appalling to think that statements thus made con
trary to law, after the result of the election throughout
the state was known with approximate accuracy, made
as an afterthought by disappointed candidates and their
friends with an evident view to cast a drag-net of sus
picion over parishes enough to reverse the emphatic ver
dict of the people — made, too, at so late a day and so
great a distance from many of the parishes struck at,
that it is impossible to have any fair investigation or
that they should receive consideration.
"Commenting on the foregoing provisions of the
Louisiana statute, Messrs. Geo. F. Hoar, W. A. Wheeler
and W. P. Fry, in their report made February 23, 1875,
said : 'Upon this statute, we are all clearly of opinion
that the returning board has no right to do anything ex
cept to canvass and complete the returns which were
lawfully made to them by local officers, except in cases
where they are accompanied by the certificates of the
supervisor or commissioner, provided in the third section.
In such cases, the last sentence of that section shows
that it Avas expected that they would ordinarily exercise
¦ the grave and delicate duty of investigating charges of
riot, tumult, bribery or corruption on a hearing of the
parties interested in the office. It never could have been
meant that this board, of its own motion, sitting in New
Orleans, at a distance from the place of voting and with
out notice, could decide the right of persons claiming to
be elected. . . . There is no more dangerous form
of self-delusion than that which induces men in high

422 THE STORY OF AN EARNEST LIFE.
places of public trust to violate law, to redress or prevent
what they deem public wrongs.'
"These references to the report of the congressional
committee upon the action of this same returning board
in 1874, and its constructions of the statute are made
that the public may know how this board and its
rulings were regarded by prominent gentlemen, one
of them a candidate for vice-president at the recent
election, at a time when its decision did not affect a
presidential election.
"We regard it as indisputable that the returning
board has no jurisdiction to inquire into and reject the
returns from any voting place in the state on account
of intimidation, acts of violence, or other cause men
tioned in the statute, unless the foundation for such in
quiry and rejection is laid at the time and in the man
ner provided in the statute.
"In no case did the supervisor of registration deliver
to the clerk of the court of his parish, as required by
section 26, a duplicate statement, made and sworn to
by the commissioners of elections and corroborated by
three citizens, of any riot, acts of violence, intimidation
and disturbance, bribery and corrupt influences, and of
the facts relating thereto occurring on the day of elec
tion, nor any like statement of his own that any such
acts occurred during the time of registration or the re
vision of registration. When the returns were opened
by the returning board such statements Avere found among
the papers in a few instances, but not in relation to the
parishes of Ouachita, Morehouse, East Baton Rouge,
East or West Feliciana, and such were the manifest
efforts on the part of officers of elections to conceal their
acts and confuse and mislead persons interested in a
proper investigation of the facts relating to the election,
that it was impossible to determine whether any such
statement had been made by the commissioners of elec
tion or the supervisor of registration, and attached to
the returns of the supervisor in any parish in the state

ELECTORAL COUNT IN LOUISIANA IN 1876. 423
at the time and in the manner required in sections 26
and 43.
"This fact leaves the returning board without juris
diction to inquire into the acts of violence, etc., at the
election or during registration, and with no other duty
to perform except to canvass and compile the votes re
turned, as the returning officers of any other state would
do : and as the returns opened by them show a majority
for the Tilden electors, it ought to be an end to all con
troversy on the subject.
"But as the board in the face of these facts has come
to the extraordinary conclusion, to declare that the
Hayes electors have a majority, it is proper to look
further into its action.
"The first meeting of the board attended by us was
held November 20th, at which an application in behalf
of the candidates on the Democratic-conservative ticket
that all the proceedings of the board should be public,
and that interested candidates should have leave to be
present, by themselves or counsel, at the opening of the
returns, with the right to inspect the same, was refused,
and certain rules were adopted, against several of which
protests were filed, and particularly against rule nine,
which declared that : (9) 'No ex parte affidavits or state
ments shall be received in evidence except as a basis to
show that such fraud, intimidation, or other illegal
practice had at some poll, requires investigation ; but
the returns and affidavits authorized by law made by
officers of election, or in verification of statements as
required by law, shall be received in evidence as prima
facie . '
"Under that rule several hundred ex parte affidavits
were prepared and SAVorn to in New Orleans charging
intimidation and other illegal acts in distant parishes,
were then put into the envelope enclosing the super
visor's consolidated returns, which had been brought to
the city of New Orleans and kept open for the purpose.
This was done to support statements of intimidation or

424 THE STORY OF AN EARNEST LIFE.
other illegal acts interpolated by supervisors long after
their consolidated returns had been made out and sworn
to as correct, and had been filed with the proper district
clerk without any protest or allegation of intimidation or
other acts of violence.
"The proceedings of the board in executive session, to
which we were admitted, consisted in opening the re
turns from each parish and examining the votes for
presidential electors. If no protest or objection ap
peared among the papers and there was no outside
protest from any one, the returns were sent to a private
room to be tabulated by the clerks, all of whom were
Republicans, who kept their action secret.
"If any protest was found among the papers or from
outside parties, the returns were laid aside, to be after
wards considered by the board in secret.
"In the few cases in which there were charges of
fraud, intimidation or other illegal acts, the candidates,
or their attorneys, were permitted to take copies of the
charges, and testimony taken on Avritten interrogatories
was submitted in regard to such parishes.
"On December 2d, after all the returns had been
opened, the board went into secret session, and we were
not permitted to see the compilations of returns already
made, nor to know what rules the board adopted in pass
ing upon contested cases, nor the processes by which it
arrived at results. We have been furnished a triplicate,
or a certified copy of the duplicate statement of the
commissioners of election at each voting place in the
state, from which has been compiled a consolidated state
ment of the entire vote of the state for presidential
electors. "From this statement, which we believe to be accurate,
the majority for the highest Tilden elector over the low
est Hayes elector, is 8,957, and the majority for the low
est Tilden elector over the highest Hayes elector is
6,300. The returns in our possession correspond pre
cisely in most cases with those opened by the returning

ELECTORAL COUNT IN LOUISIANA IN 1876. 425
board. The difference in the aggregate arises mainly
from the fact that the board did not have all the returns
before it.
"The supervisors, all of whom were Republicans,
many of them employed in the custom-house at New
Orleans, some nonresidents of the state, and one of them
under indictment for murder, withheld the statements
of the commissioners of election, in some instances
where Democratic majorities were given, amounting in
the aggregate to about 1,500 votes.
"The returning board refused to receive certified cop
ies of the duplicates of these missing returns filed in
the offices of the secretary of state, and the clerks of
the district courts, or to take any effective measures to
procure the originals.
"The returning board, in proclaiming the result of
the vote for electors makes no statement of the votes
cast in the several parishes, but simply announces the
aggregate vote for each elector in the state giving the
Hayes electors majorities varying from 4,626 to 4,712.
To accomplish this, they disfranchise 13,350 Democratic
and 2,042 Republican voters.
"This announcement is made in the face of the fact
that the statements made by the commissioners of elec
tion showed a majority ranging from 6,300 to 8,957 for
the Tilden electors.
"No attempt is made to give a reason for this arbi
trary action of the board, nor is there any statement to
show what votes were counted and what rejected. As
well might the officers canvassing the returns for pres
idential electors in Ohio or Massachusetts declare the
Tilden electors in those states elected, in the face of the
fact that the returns showed a majority for the Hayes
electors. We have shown that it is questionable whether
the legislature of Louisiana has made provision for the
appointment of electors at all ; that if it has made such
provision it has not vested the returning board with

426 THE STORY OF AN EARNEST LIFE.
authority to canvass the returns of the votes cast for
such officers ; and that if it were possible to construe the
statute as conferring such authority on the returning
board, then the statute limits the authority of the board
to the canvass and compilation of the 'statements of
votes made by the commissioners of elections,' without
authority to reject any on account of intimidation or'
other acts of violence, unless the foundation therefor
be first laid as proAdded in the statute ; that the evidence
does not disclose that such foundation was laid in any
instance. "There is, however, evidence of attempts, surrepti
tiously, to lay such foundation after the consolidated re
turns were completed, and that the supervisors of elec
tion, in many instances, unlawfully withheld returns for
that purpose, and interpolated among them ex parte affi
davits taken in secret in New Orleans before a United
States commissioner, which the board has no jurisdic
tion to consider.
"The evidence taken on both sides, so far as it has
been accessible to us, discloses a state of lawlessness in
certain parishes, not in the state generally, about the
cause of Avhich parties are not agreed.
"The Democrats attribute it to the inefficiency and
imbecility of the state government, which they allege to
be a usurpation, resting wholly for support upon the
federal army, without the confidence or respect of the
people, and without the disposition to prevent or punish
crime, which they can pervert to political uses. Such a
state of things, as might be expected has led to disorder,
and in some instances to the most shocking barbarities.
The Republicans, on the other hand, attribute the law
lessness to the hostility of the white against the colored
race, and as largely due to politics. The murders and out
rages which have been brought to our notice are frequently
committed by persons of the same race upon each other,
and in a large majority of cases have no political signifi-

ELECTORAL COUNT IN LOUISIANA IN 1876. 427
cance. Many such cases were brought to the notice of
the board by ex parte affidavits, Avithout regard to the
time of their occurrence, and Avhen they did not have
the slightest connection with the recent election.
Strangely enough, it is assumed by the Republicans, who
have had complete control of the state government for
years, that if they could show that lawlessness prevailed
in certain localities, and that crime went unpunished,
that those facts furnished a reason why they should be
continued in power, notwithstanding the large majority
of ballots cast against them.
"Another assumption of the Republicans is, that all
the colored men in the state are necessarily Republicans .
We were visited by a large number of colored persons
from all parts of the state, including the alleged dis
turbed districts, who made speeches and took an active
part in the active canvass in favor of the Democratic
ticket, and who gave, among other reasons for so doing,
that they had been deceived by the Republican officials
who had proved dishonest and corrupt, had robbed
them of their school money, and burdened them with
unnecessary taxes, and that they believed it for the in
terest of the colored race to unite their fortunes with the
Avhites, whose interests, like their own, were identified
with the state. It is certain that thousands of colored
persons voluntarily and actively supported the Demo
cratic ticket. The entire vote of the state, at the recent
election, is about 15,000 greater than ever before, and
even in the parishes where intimidation is charged, it
exceeds in the aggregate any previous vote.
"The congressional committee which it is understood
will soon visit the state armed with authority to send for
persons and papers, and inquire into all the facts con
nected with the recent election and the action of the re
turning board, will have greater facilities for arriving at
the truth than we possess, but with the law and such
facts before us as have been disclosed by the action of

428 THE STORY OF AN EARNEST LIFE.
the returning board, we do not hesitate to declare that
its proceedings, as witnessed by us, were partial and un
fair, and that the result it has announced is arbitrary
and illegal and entitled to no respect whatever.
"Fifteen years ago, Avhen Fort Sumter was fired upon
by men who sought a disruption of the Union, a million
patriots, without regard to party affiliations, sprang to
its defense. Will the same patriot citizens now sit idly
by and see representative governments overthrown by
usurpation and fraud? Shall the will of forty millions
of people constitutionally expressed be thwarted by the
corrupt, arbitrary and illegal action of an illegally con
stituted returning board in Louisiana, whose wrongful
actions heretofore, in all respects similar to its present
action, has been condemned by all parties?
"It is an admitted fact that Mr. Tilden received a ma
jority of a quarter of a million votes at the recent elec
tion. This majority is ready and willing to submit to
the minority when constitutionally entitled to demand
such submission, but it is unwilling by an arbitrary and
false declaration of votes in Louisiana that the minority
shall usurp power?
"These are dark days for the American people, when
such questions are forced upon their consideration. If
it were true, as some insist, that neither the Avhite nor
the colored voters have in all instances been afforded an
opportunity to give free expression to their wishes at the
ballot-box, shall Ave, by sustaining a fraudulent and il
legal declaration of the votes cast, stifle the voice of the
millions of voters who have freely expressed their choice,
and thus seek to correct a great wrong by committing
another immeasurbly greater wrong?
"Can Ave sanction such action of the Louisiana return
ing board, and thereby form a precedent under Avhich a
party once in poAver may forever perpetuate its rule, and
so end constitutional liberty?
"Shall such be the fate of this republic at the begin
ning of the second century of its existence, is the

ELECTORAL COUNT IN LOUISIANA IN 1876. 429
momentous question now presented for the determina
tion of the American people ? "John M. Palmer,
"Lyman Trumbull,
"George B. Smith,
"George W. Julian,
"P. H. Watson.
"New Orleans, La., Dec. 6, 1876."
The Louisiana returning board was, from its defective
organization and the animus of its members, incapable
of rendering a fair decision, and, when it came to the
declaration of General Nichols, as governor of the State
of Louisiana, President Hayes conceded the Avhole ques
tion. The president appointed Charles B. Lawrence, Wayne
McVeigh, John M. Harlan, Joseph R. Hawley and John
C. Brown as commissioners to Louisiana, and, upon
their report, support from Mr. Packard was withdrawn,
and Francis T. Nichols was declared governor of the
state. Packard had substantially the same vote that
Hayes had. Mr. Hayes got the electoral votes of Louis
iana, and was declared by the "eight-to-seven" commis
sion to be the president of the United States. No founda
tion was laid for the impeachment of the returns by the
board, even if the right to go behind them was con
ceded. There is nothing clearer than that the returning board
was prejudiced and transcended its authority, and that
Mr. Tilden was entitled to the electoral votes of Louis
iana. On January 12, 1877, I was nominated as a candidate
for a seat in the United States senate. I said, upon the
occasion of my nomination :
"While I have as much ambition as any man ought
to have, I have always regarded it as the right of the
people, without pressure from without, to choose those
whom they desire to occupy the great offices of the coun-

430 THE STORY OF AN EARNEST LIFE.
try. A seat in the senate of the United States is an ob
ject worthy of the ambition of any man, yet a seat in
that great and illustrious body is worth nothing unless
the man who is elected has the confidence of those who
elected him. To obtain such a place by any means not
consistent Avith the most perfect fairness and candor,
Avould make the place not one of honor, but one of in
famy. You have placed me in nomination as your can
didate for senator ; you have not promised to elect me,
and I have no right to expect that you will. You have
given me this expression of your confidence, and, now,
all I ask of you is to take part with me in what shall be
pre-eminently a fair fight.
"The Republican party have placed in nomination
John A. Logan, who, in my judgment — without saying
anything discourteous, or without meaning to compli
ment the gentleman — is the fittest representative of Re
publicanism as it is to-day. He is here backed by the
patronage of the Federal government. I have seen men
who were paid by your money and mine in the lobbies
insisting on the selection of the man to whom they were
indebted for their places. I suppose the patronage of
the state government will be employed in his election.
So far as I am concerned, and so far as you are con
cerned, we have nothing to offer in the way of patronage
or place. They, even after we have elected a president,
by the votes of the people, have cheated us out of the
election. Governments are created for the benefit of the
governed. . .
"There are millions of men, women and children,
who, in the morning, when they arise from their beds,
pray to Our Father, 'Give us this day our daily bread ;'
the want of the people is peace and free and untram-
meled industry, that honest men and women may earn
their bread. The policy of the government should be so
directed as to enable these hungry ones to obtain it ; the
mission of the government is the welfare of its people.
"Of course, gentlemen, you all know what my opinions

ELECTORAL COUNT IN LOUISIANA IN 1876. 431
are upon almost every public question. While I was
governor of the state, my messages were delivered to the
general assembly, giving my views in regard to all the
great questions that then interested the public mind ; my
opinions are unchanged. If you should elect me, what
ever I can do to advance those opinions will be done ;
they are in harmony with yours ; they are to encourage
the industry of the country and to remove the burdens
from those industries.
"The president and the governor are but magistrates
to execute the constitution and the laws, and each citi
zen owes obedience to the laws and to no other au
thority on earth.
"I thank you again, but I shall ask now nothing of
you but to consider the question after you have looked
the whole field over. Is it better that you shall elect me
to the United States senate, or that you shall elect some
one of the distinguished gentlemen who have been named
by other parties ? If, after you shall have given the sub
ject your careful attention, you shall conclude that the
public welfare, the welfare of the country that we love
so well, and the government under which we have en
joyed so much liberty and happiness, will be best pro
moted by the election of one of them, you owe me no
duty — your duty is to your country. You owe me noth
ing. I can promise but one thing, and that is, that the
people of this state, and of this whole country, white
and black, rich and poor, shall have my earnest, indus
trious and faithful services to the extent of that ability
with which the Almighty has endowed me."
After twenty-one ballots, in which I received all the
votes the Democratic party could command, I withdrew
in favor of General W. B. Anderson, who had served as
colonel of the 60th Illinois Infantry. There was still an
obstinate interest which refused to vote for me, or for
General Anderson, which succeeded in finally electing
Judge David Davis, as senator in the congress of the
United States.

432 THE STORY OF AN EARNEST LIFE.

CHAPTER XXVI.
Speech of welcome to General Grant — His reply — Obsequies of Hon.
David Davis and General John A. Logan.
On May 5, 1880, General U. S. Grant was received by-
the citizens of Springfield on his return from a trip
around the world. "Suitable ceremonies were observed
at the governor's residence, and General Grant was es
corted from there to the state house grounds at 1 p. m.,
accompanied by Governor Cullom, Senator Oglesby,
Hon. Milton Hay, Governor Palmer, Hon. J. L. D. Mor
rison, state and city officers, many public men and a
suitable escort."
The following address of welcome was delivered by
me according to the agreement of the reception com
mittee :
"General — I have been appointed by my fellow-
citizens of Springfield to welcome you to the city. They
do not suppose that you require this evidence of their
respect or affection for you, nor have they charged me
Avith the whole duty of making you welcome . In direct
ing me to address you in this formal manner on their
behalf, they propose no more than to conform to a social
custom, while they are eager to take you by the hand
and for themselves express the happiness they feel in
meeting you.
"General, the most of those present to-day only know
you as a successful military leader whose name is a
household word, and to whom the country is indebted
for distinguished and patriotic services, and, as the chief
magistrate of the republic, charged Avith the administra
tion of its laAvs and the guidance of its policy during a
most important and interesting period of its national his
tory. They honor you because, during the civil war,
you never doubted but that the patriotism, the courage

MEMORIAL ADDRESS— JOHN A. LOGAN. 433
and the endurance of the American people would pre
serve the Union and re-establish the authority of the
constitution and the laws, nor in peace that their in
tegrity, industry and economy would maintain the pub
lic credit and restore national and individual prosperity.
The opinions of your countrymen credit you with being
governed during your public life by two maxims as sim
ple as profound : 'In war, march and fight — in peace,
earn and pay.' These maxims are too stern and simple
to find ready acceptance with holiday soldiers or fanciful
economists, but the present situation of the country
proves that they embody the vital elements of military
and financial science.
"But there are many present who know and remember
you as their comrade and leader during the weary years
of the war, when the eyes of the civilized world Avere
upon them and upon you, and when the unity of the re
public and the existence of constitutional government
and popular liberty on this continent seemed to depend
upon their patriotism and courage, guided by your wis
dom and skill and supported by your never-faltering
firmness. In the darkest hour of the struggle, General,
your officers and soldiers never distrusted you. They
knew that you would 'fight it out on that line' and on all
the lines until the arms of the republic were triumphant
and its flag again respected and honored everywhere .
Much of what is called history is fable and illusion, but
those who served under your command during the war
will always believe that you are indebted for your mili
tary successes to your thorough understanding of the
character and temper of the men who composed and who,
under your orders, commanded your armies, to the con
fidence with Avhich you inspired your subordinates in
your sense of justice, your devotion to duty, your sin
gleness of purpose, the clearness with which you foresaw
the end from the beginning, and the invincible persist
ence of your resolution, and you are singularly fortunate
28

434 THE STORY OF AN EARNEST LIFE.
that your military fame has excited no envy, and you
have written no book to prove yourself to be the hero of
your own campaigns.
"There are others here to-day whom I have no doubt
you will meet with peculiar interest and pleasure. They
are the survivors of those who received you in the early
months of the memorable year 1861, when you came
from your home in Galena to tender your aid in giving
military organization to the patriotic freemen who were
gathering in Springfield and elsewhere in the state to
take arms in defense of the Union against menaced seces
sion and disruption. Those were dark days for the re
public. "The freemen of the country, long accustomed to the
extravagance if not the violence of political controversy,
were even then hardly convinced that the movements in
the South were seriously hostile to the union of the
states. Many of them supposed that the actual or
ganization of the Confederate government at Mont
gomery was but an extreme threat intended to over
awe Mr. Lincoln and his political supporters and sep
arate him and them from those in the North who had
opposed his election.
"The men who received you and accepted your
valuable assistance were not so hopeful or credulous.
They believed, with Douglas, that the country had
reached a point where its future must be determined
on the battlefield : they believed then, what all knoAV
now, that the free people of the United States will never
allow the disruption of the Union, will never submit to
the dictation of a section, will never permit the sub
version of their republican institutions, and that the
strongest government on earth is that which rests for
its support upon the affection and free consent of an
intelligent, patriotic people, and that their whole duty
was to organize and give direction to the swelling
spirit of the men of our great state.
"You assisted in organizing our early regiments and

MEMORIAL ADDRESS— JOHN A. LOGAN. 435
led one of them to the field, and in that way aided in
preparing the country for the great struggle then before
it. You won their confidence then, and they have
watched your career in all the grades in the army
through Avhich you passed, and in public civil life, and
ever since you surrendered the cares of public office,
Avith a peculiar and most profound interest. They
almost claim a share in the successes and honors you
have won, for they persuade themselves that they were
the first to discover your military capacity and secure
your services for the country.
"But their numbers have been lessened by the in
exorable work of time. Yates, the eloquent orator and
patriotic governor, sleeps quietly at Jacksonville : Du
bois, the rugged, generous Dubois, and Butler, the
sagacious and firm, rest near the city ; and others, whom
you will remember, followed you to the field and
perished there, or have died at their homes, while
Governor Wood, so earnest and sincere in his patriot
ism, near the end of an honorable, useful life is strug
gling with age and disease at Quincy ; and Hatch and
Williams and Mather and Bradford are present to greet
you again. They survive, and with others who have
passed through the periods of anxiety and doubt that
preceded and attended the war, and of depression and
bankruptcy which followed its close, are here.
"They have not escaped unscathed; their locks are
whitened and their forms marked by age, but they
welcome you to-day and rejoice with you that liberty
is the law of the republic, that peace and order and
prosperity prevail everywhere within its boundaries.
"I will not detain you longer, general, but will leave
you to the attention of my fellow-citizens, who are
anxious to tender you in person proofs of their sincere
respect." General Grant, who had remained standing during
this address, made the following response :

436 THE STORY OF AN EARNEST LIFE.
"General Palmer, Governor Cullom — Citizens of
Springfield and Illinois — After an absence from my
country of nearly three years, in which I have made
a circuit of the globe, it has seemed to me fitting and
proper that I should come to this city, from which I
started in the memorable struggle in which I first be
came acquainted with so many of the citizens of this
state. I assure you it is with great pleasure that I see
you here to-day, and I thank you for the hearty welcome
which has greeted me here. In all of my travels, I can
say to the citizens before me, that none have a country,
a climate, a fertility of soil to surpass just Avhat we have
around this capital of the State of Illinois, and if all of
you could see, as I have seen, other countries, other
people, and the struggle for life and existence there, it
would make each one, if possible, a better citizen of his
own country, and he certainly would feel that he had
nothing to complain of here.
"Our Union, as General Palmer has said, has cost us
a great struggle to preserve, and I see before me here
many of those who went to the field with me deter
mined that it should not perish ; and if they had seen
what I have they would feel certainly as well satisfied
that what they fought for there was worth even more
than the price we paid for our present union.
"In my travels through our own country I am happy
to say that I thought I saAV signs of returning prosperity
in the section that we Ave re lately in conflict with, and
with prosperity, a returning love of the flag that floats
on this side of the platform.
"That is what we desire certainly, that there should
be a substantial, solid union feeling in every section of
the country ; and no matter what the public position of
parties nineteen years ago, they should all feel now they
have a common interest in the same country, and are
protected by the same flag, and if necessary, should
fight for it too !
"Gentlemen, I don't know that it is necessary for me

MEMORIAL ADDRESS— JOHN A. LOGAN. 437
to say anything more ; I return thanks again, and give
you an opportunity to get out of the sun."
General Grant was then a candidate for the presidency,
and would submit his claims to the national Republican
convention, which met in Chicago. General James A.
Garfield defeated him for the nomination. I had con
tinued the practice of law until the nomination of Gen
eral Winfield Scott Hancock for president, and William
H. English for vice-president, by the national Demo
cratic convention, which took place at Cincinnati.
I made two speeches at Greencastle, Indiana, and on
my return encountered a railroad wreck, caused by the
slipping of a switch. We ran into an oil-tank, which
destroyed the train by fire.
I made speeches in Sterling, Whitesides county, Mt.
Carroll, Carroll county, Freeport, Stevenson county, and
other points in Illinois. The morning after I spoke at
Freeport, about the middle of October, I found snow
falling, and returned home by way of Decatur. I was
joined at Tonica, south of LaSalle, by Governor Oglesby,
who had been engaged in the canvass for Garfield, but
like myself gave up his appointments on account of the
inclemency of the weather. At Virginia, Cass county, I
first heard that General Hancock had written a letter in
which he pronounced the tariff a "local issue."
This had a depressing effect upon the Democracy, and
taken in connection with the fact that Indiana, which
held its election in October, had declared for Garfield,
caused us, after a few more speeches, to give up the
campaign. General Garfield was elected.
I continued to practice my profession until 1884, when
Mr. Cleveland received the nomination for president at
the national Democratic convention, which met at Chi
cago, and to which I was a delegate.
I canvassed for him ; he reorganized the Democratic
party upon the tariff issue, and was successful over Blaine
and Logan.

438 THE STORY OF AN EARNEST LIFE.
In February. 1887, the journal of the house shows the
hour of two o'clock p. m. having arrived, it being the
time specified for the meeting of the two houses in the
hall of representatives, for holding the joint memorial
exercises, commemorative of the life and public service
of the deceased statesmen, Judge David Davis, who died
June 26, 1886, and General John A. Logan, whose death
occurred December 26, 1886. The senate, preceded by
the president of the senate and the secretary thereof,
proceeded to the hall of the house of representatives.
After a prayer by the Reverend Dr. Wines, and the
anthem, "Jesus, Savior of my soul," by the Quincy
quartette, Judge Lawrence Weldon delivered an address
on the life and public services of Judge David Davis.
. The president then presented General John M.
Palmer, who delivered the following address upon the
life and services of General John A. Logan.
"Governor Oglesby, Senators and Representa
tives, Ladies and Gentlemen — In accepting the invi
tation of the general assembly of the State of Illinois,
so kindly extended to me to address you on this me
morial occasion, I assumed a task of unanticipated diffi
culty. General John A. Logan, whose life, character and pub
lic services will be the subject of this address, was, while
he lived, so energetic and active, and bore so many im
portant and varied relations to the people of the State of
Illinois and the country, was so lately a busy actor in
public affairs, filling and rounding out what, until his
death, all believed to be an incomplete but promising
career, that it is almost impossible now to think or
speak of him as one who has passed away from life, or
to realize that 'the places that know him will know him
no more forever.'
"His friends still almost feel the warm grasp of his
hand. The signs of public and private grief are still
around us. We cannot forget that his earthly remains are

MEMORIAL ADDRESS— JOHN A. LOGAN. 439
still without a resting place ; nor that the devoted wife,
who by her gentleness and wisdom, did so much to make
him happy, elevate and ennoble his character, and
promote and advance his interests, uncertain of her
own future, now that she is bereaved and desolate, like
the broken-hearted wandering mother, keeps her loved
dead in her arms, with the hope that she may make its
final bed near where her own sad heart and weary
limbs will at last find a home and rest. All of us who
knew General Logan are still too much under the in
fluence of his personal presence to speak of him Avith
absolute impartiality, and the most calm and self-
poised mind hesitates when required to consider him
only in the character of 'the illustrious dead,' and meas
ure all the great facts and events of his life, to make
an estimate of his character for the instruction of those
who follow him. But happily it is not true that what
are called the great facts and -events in the lives of emi
nent men are alone to be considered in forming an es
timate of the true value of their lives and character.
No man can be understood without a knowledge of his
social and home life.
"American homes are nurseries of virtue ; and, while
the loved wife who rules and the children who cluster
in such homes need support and provident care of the
husband and father, he requires for his own encourage
ment and safety all their gentle and benign influences.
In peace, the sweet faces of wife and children steal upon
us when we are alone and tempted ; and in war, they
come to us in our dreams, and urge and invite us to a
noble manhood. When at home, by her instinctive but
wise methods, the wife places herself between her hus
band and harm, and controls the excesses and eccen
tricities of his strength by the influence of her marvel
ous but all potent weakness. The blessings of this
most benign influence no man could have realized more
fully than did General Logan. His wife, who has her
own high place in the respect and affection of all who

440 THE STORY OF AN EARNEST LIFE.
know her, and has added to the almost sacred name
she bears new beauty and sweetness, was to her husband
a wise counselor and judicious friend. She walked be
side him in his strength from her early womanhood to
his death ; she leaned upon his strong arm for support,
but she gave him strength by her wise counsel and gen
tle influence. Let her bring her loved dead to Illinois,
and like a loving mother, Illinois will take him to her
bosom. He may rest at Murphysboro, beside those of
his own family who have gone before him, or he may
sleep where the winds of Lake Michigan will forever
sing his requiem, while she, to command the respect and
affection of every son of Illinois, will have but to pro
nounce her own simple name, Mary, the wife of Logan !
But we must pass from these affecting considerations,
and speak of General Logan as he was to the people of
his native state, in various relations — as a citizen, a sol
dier and a politician. He must be studied in all these
aspects and relations, that we may ourselves understand
him, and that he may pass from the hands of those who
knew him and loved him into the keeping of impartial
history. I have already spoken of Logan as a husband
and father ; that he filled those relations Avell, is shoAvn
by the devotion of his wife and his children, and their
pathetic grief at his loss. That he was in private life
a good citizen and neighbor, is attested by the united
voice of those who knew him in his childhood, and
watched him advance in his successful career with an
affectionate interest that proves how warmly they were
attached to him. It is remarkable, that, though General
Logan was in opposition to most of the people of the
section of the state where he lived when he entered the
army, and then excited by his aggressive course the
most severe and bitter criticism, he still retained a large
measure of the personal good-Avill and respect of those
who opposed him. Aside, however, from mere personal
respect and attachment to him, it has always seemed to
me that much of the strength of General Logan, with

MEMORIAL ADDRESS— JOHN A. LOGAN. 441
the people of that portion of the state, which we call
Southern Illinois, resulted from the circumstance that
he knew them, was of them, and was in many re
spects like them. By making this latter statement, I
undertake the difficult task of so describing the peo
ple to whom I refer, their traits, their habits of life,
and surrounding conditions, that they will be under
stood and properly appreciated by this audience,
Avhich so largely represents the progress and growth,
as well as the intelligence and culture of the Il
linois of to-day. Contrasting the social condition of
the people of Illinois to-day with that of the inhab
itants of Southern Illinois sixty or even thirty years
ago, they seem to be separated from us by the space of
a century ; and yet in this earlier state of society, we see
the germs of all that is noble and excellent in modern
life. More than a century ago, the restless population
of the old states, stung by an uncontrollable passion for
adventure and change, commenced the movements that
have since peopled the continent.
"The course of northern immigration is well under
stood ; but we are to follow the movements of those from
the southern and southeastern Atlantic states, who, early
in the century, crossed the Ohio river and took posses
sion of the southern portion of the state. The older of
the earlier emigrants of the region to which I refer had
halted for a time in Kentucky and Tennessee, and then,
with their families increased by children and grand
children, moved on across the Ohio, where they estab
lished themselves, soon providing new swarms for the
possession of the elysium of the pioneer 'further west.'
"Death itself, in the imagination of the pioneer, as in
that of his almost kinsman and predecessor, the Indian,
was but to descend into and be lost in the ocean which
limits the continent on the west. This was a hardy, in
dependent, self-reliant race. Some of them had taken
part in the revolutionary war, and when these veterans
'shouldered their crutches to show how fields were won,'

442 THE STORY OF AN EARNEST LIFE.
their denunciations of 'the British' were fierce and bitter
enough to satisfy the hates of an Irish patriot or a modern
senator. They were a martial race, and had taken part
in the war with Great Britain in 1812-15. Some of them
were with Harrison at Tippecanoe ; others, with Win
chester, witnessed the massacre at Raisin river ; but
others, more happy and honored than all, were with
Jackson at New Orleans.
"They were in favor of all wars present and prospec
tive, and Logan, a soldier at nineteen and again at
thirty-five, was thoroughly imbued with this warlike
spirit. But the qualities of hardiness, independence and
self-reliance which I assert for them was illustrated by
all their acts and conduct. They knew nothing of cities ;
they were impatient of the restraints imposed upon
them by 'the settlements;' they loved the solitude of
the woods, with no companion but the rifle. Their
houses were of logs ; every man was his own architect
and, with the voluntary aid of a few of his neighbors,
his OAvn builder. These rude homes sheltered affections
as pure and tender as ever did 'marble halls;' and in
them the patient wife and mother, as solitary in her
tastes as her husband, made and fitted the coarse, sim
ple garments worn by herself, her husband and her chil
dren. They hated ecclesiastical establishments with the
intensity which characterized the gloomiest of the En
glish and Scotch Dissenters from whom many of them
were descended. In their religious beliefs, which were
favorable to personal independence, they were sincere,
intense and narrow. They were tolerant only, I fear,
because they had no power to punish. The logic of
their OAvn opinions made it impossible for them to con
sent that the state should in any way interfere with the
affairs of the church, but they expected with the most
confident faith that God would avenge himself of His
enemies, and they were sure and felt a degree of satis
faction in the certainty that certain classes of persons
who differed from them would be remembered when the

MEMORIAL ADDRESS— JOHN A. LOGAN. 443
hour for the infliction of divine vengeance should arrive .
In their political conduct, they were independent. The
caucus Avas unknown as a means of political organiza
tion, and they knew no methods for the control of the
individual or subordination of the private will of the
citizen to the will of the majority. They were illiterate —
using that term in the exact sense that they were defi
cient in a knowledge of letters — but not uneducated in
the arts of the independent and sufficient support. While
they regarded learning in others with an almost super
stitious respect, they always looked upon it with a de
gree of suspicion. Doctors and lawyers were social and
political leaders, but the true pioneer, with a sagacity
that did him credit, always suspected that the skill
claimed by the physician was pretense, and the lawyers
were hardly honest. In this picture, which is draAvn by
no unfriendly hand, for in it I see the portraits of my
own ancestors, the last of whom crossed the Ohio in
1831, I have endeavored to present to you the social
conditions which gave impress to and molded the char
acter of John A. Logan. But still, like other theorists,
I am ready to make large concessions in order to pre
serve my theory. Those who study the processes of nature
assert it to be an axiom that 'like produces like,' but, ob
serving as a practical fact that nature delights in di
versity, they concede that the effects of heredity are
largely modified by circumstances, but they still claim
that its essential potency exists. I concede that, while
the essential and underlying qualities common to the
people of Southern Illinois, as I have described them,
were the basis of General Logan's character, their influ
ence .was modified by circumstances and conditions,
among which were the fact that his father was a physi
cian and possessed more than the average culture and
knowledge of the world ; that Logan's own opportunities
were, for the time, liberal ; and that, entering upon public
and professional life early, aided by a quick and observ-

444 THE STORY OF AN EARNEST LIFE.
ant mind, he became what he was in 1860 and 1861, when
his real life commenced.
"Entertaining this opinion, I purposely pass over all
that portion of his public life that preceded the year 1860,
with the briefest reference to details. He volunteered
for the Mexican war, and served Avith his regiment ; he
Avas the clerk of one of the local courts, a member of the
state legislature for more than one session, was state's
attorney of his circuit and was finally elected to congress.
These, as compared with the later years of his life, were
uneventful. He was elected to these various offices as
the representative of the party to. which he was attached,
and his election signified but little more than that he had
succeeded in winning a larger share of the confidence of
his party associates than had his rivals in his own party.
Perhaps, it is more accurate to say that Logan's real ca
reer commenced in 1860, after the election of Mr. Lincoln
to the presidency ; for, though he did not enter the mili
tary service, where he won his highest claims to distinc
tion, until the autumn of 1861, yet, from the time the
Southern leaders found in Lincoln's election a pretext for
secession and the organization of a government — a rival
of and hostile to the Union — Logan's popularity and in
fluence in Southern Illinois, as well as his known bold
ness, made his probable course a subject of deep interest
to Mr. Lincoln and his supporters in the West.
"Gentlemen of the General Assembly, when I accepted
the invitation to address you upon this occasion, I real
ized that no estimate of the life and services of General
Logan would be satisfactory to the country which did not
include a discussion of the feelings, motives and purposes
which controlled his conduct from the defeat of the .Dem
ocratic party at the presidential election, in 1860, until
he entered the army, in 1861, and which have been the
subject of so much controversy.
"I kneAV at the same time that you were not ignorant
of the fact that my political relations with General Logan
at the time of his death were not harmonious, and that,

MEMORIAL ADDRESS— JOHN A. LOGAN. 445
in the controversies which preceded the election of Mr.
Lincoln, in 1860, and that attending the second election
of General Grant, in 1872, and those which have attended
subsequent elections, we exchanged many rugged but
not unmanly blows. These considerations suggest to
me that others who may speak of General Logan may be
pardoned if they merely eulogize his life and brilliant
services ; but, that it will be expected of me that I should
deal with the facts of his life, analyze his character, and,
as far as possible, contribute to and discharge our common
duty to impartial history. I have had access to all the
evidence bearing upon this subject, written, oral and tra
ditional, and to his own public explanation, but I prefer
to rely upon a few circumstances to which I shall briefly
advert, with others of like character with which I am
familiar, to justify the conclusion I have reached. While
I am bound to say that John A. Logan, in 1860, disliked
and distrusted the supporters of both Lincoln and Breck
enridge, and, until the actual occurrence of flagrant hos
tilities, hoped for some adjustment of sectional contro
versies upon the basis of the Union, and was, for the
sake of such peaceful adjustment, prepared to make con
cessions to the discontented elements, there never was a
day when he sympathized with secession, or would have
consented to a dissolution of the Union. In order to
exactly comprehend the motives and the influences which
probably controlled the conduct of General Logan from
the time of the election of Mr. Lincoln, in 1860, until
he donned the uniform of a soldier, it must be remem
bered that, even before the proposition to repeal what
was called 'The Missouri Compromise' was made in con
gress, abundant evidence existed that the legislation of
1850, which was intended to settle all of the disturbing
questions which grew out of the annexation of Texas
and the acquisition of territory from Mexico, had not
quieted the public mind, and was not really satisfactory
to what was then termed 'the sections,' the North and
the South, though these measures, grouped together, and

446 THE STORY OF AN EARNEST LIFE.
called the 'compromise of 1850,' were approved by the
Democracy of the northern and border states as a fair
adjustment of dangerous subjects of dispute.
"The repeal of the 'Missouri Compromise,' for which
Mr. Douglas Avas held responsible by those who opposed
the measure of repeal, opened the flood gates of strife,
and led in fact to the organization of two parties in the
country between whom compromises were impossible,
and armed conflict was inevitable, though the parties to
which I refer were not fully developed until 1860. In
1856, the Democracy of the Union, though disturbed by
conflicting policies and purposes, succeeded in electing
Buchanan to the presidency, who, no doubt, patriotic in
sentiment, blinded by prejudices and paralyzed by
narrow views of the lawful right of the people of the
United States to defend and protect their own govern
ment and free institutions, weakly permitted already
determined secessionists to enter his cabinet and use the
power of his administration to pursue and, if possible,
destroy Mr. Douglas, the leader of the Northern De
mocracy, and make war on the free settlers in Kansas.
He did not understand the character and purposes of the
Southern leaders as Douglas did, nor was he the con
scious traitor Douglas asserted him to be, when in Febru
ary, 1861, he said : 'The Southern leaders will not be
satisfied with independence ; they seek dominion. Rec
ognize a confederacy which will comprise all the slave
states, and they will demand Washington upon the pre
text that the District of Columbia was once a part of
Maryland. Concede them Washington, they will then
insist upon having all public property not local in the
North ; and if it can be imagined that all these conces
sions would be submitted to by the people of the North
ern states, they avUI then close the Mississippi river to
western commerce, to compel the secession of the West
ern states,' and he added: 'If Buchanan had not been
a traitor, I would have forced the issue upon Davis and
his friends when they attempted to shackle the people of

MEMORIAL ADDRESS— JOHN A. LOGAN. 447
Kansas with the Lecompton constitution, and would
have compelled them to fight. Then there was a Union
sentiment in the country strong enough to crush them
instantly, but now, before the controversy is settled, the
continent will tremble under the tread of a million armed
men.' From what Logan said to me, when a day or two
later I repeated to him what Douglas had said, I was
satisfied that if Douglas had succeeded in forcing the
issue upon the Southern leaders, as he proposed, Logan
at the head of regiments of his Southern Illinois neigh
bors would have rallied around the flag with enthusiasm,
and for that object would have been among the foremost
to battle for the maintenance of the Union.
"In two other conversations with Logan, in February,
1861, he used expressions that are far more satisfactory
evidence to me of his real feelings with reference to the
threatened assaults upon the integrity of the Union, than
formal language used by him on public occasions.
"In one of these conversations about February 24,
1861, we spoke of the conduct of Mr. Buchanan, who,
at the request of John Tyler, once president of the
United States, and then president of the peace confer
ence, had forbidden the usual parade of the United
States troops, then in and around the capitol, on Wash
ington's birthday, for fear that the South would regard
such a parade as a 'menace.' Logan said, in language
more forcible, if less elegant than he was accustomed to
use in later life : 'The — old fool will see a — sight
more troops in Washington before his secession friends
get possession of this government.' In the same, or an
other conversation with Logan about that time, I told
him that a distinguished man, afterwards a member of
Mr. Lincoln's cabinet, the chief-justice of the supreme
court of the United States, favored a call of the states to
devise means to settle our controversies and pacify the
country ; and that he had said in substance, that if such
a convention was called in pursuance of the constitution,
and it should agree upon a division of the Union, allow-

448 THE STORY OF AN EARNEST LIFE.
ing the Southern states to form a separate government,
no authority could rightly resist its conclusion. Logan
then said, in terms of scorn, 'Yes, his convention will
make one end of the Mississippi river discharge its waters
into Lake Michigan, I suppose, but unless it does that,
Illinois will never consent that a foreign government
shall control the Mississippi from Cairo to the Gulf of
Mexico.' These and other circumstances prepared me
fully to agree with what was said in this city in May,
1861, by one of Logan's most distinguished predecessors
in the senate to a number of gentlemen who were dis
cussing with reference to the war : 'Never mind Logan,
he hates secession ; he has not yet realized the gravity
of the contest, but he will after awhile. He is a soldier
by instinct, he will come into the fight and distinguish
himself.' "Logan's warlike temper made him visit Bull Run
and witness the battle fought between the Union and
Rebel forces on July 27, 1861, in which the Union
forces suffered a disastrous defeat. He then, if he had
not before, realized that all was in danger, and that
as a patriot and soldier his country had claims upon
him whicli he could no longer resist ; and on September
18, 1861, he was mustered into the service of the United
States as colonel of the 21st Regiment of Illinois Volun
teer Infantry ; and from that time until the close of the
war the story of his conduct and services as a soldier is
written upon the brightest pages of the military history
of the war.
"Gentlemen of the General Assembly, I accepted your
invitation to make this address that I might bear this
testimony ; and having done so, time, which pursues
us all from the cradle to the grave, and whitens our
locks and bows our forms, for a brief space withholds
his final blow and permits me, divested of all feelings
of strife and all memory of conflicts, to stand as if in
the glow of a summer sunset and look back along the
shadows as they lengthen to the east and see and recall

MEMORIAL ADDRESS— JOHN A. LOGAN. 449
only the kindly faces and pleasant events of the past.
In this retrospect I only see Logan as he was when I
first met him a third of a century ago, young, energetic
and ambitious, full of strength and hope ; but my
memory recalls him most impressively as my comrade
on the battlefields, when under the same glorious flag
we fought for liberty and national unity, and where he
always acquitted himself as a devoted patriot soldier.
"General Logan has large claims to distinction as a
soldier, and yet these claims to be properly understood
are to be considered with reference to many facts which
are not usually taken into account by those who form
and express opinions as to the character of military men ;
and it is curious to note that the most earnest and
eloquent of his eulogists seem to exhaust themselves in
praising him for his acknowledged possession of the
most common of all soldiery qualities — courage. That
General Logan possessed this essential quality of a
soldier in a high degree none can doubt, but almost
every man who fought under his order from Belmont to
Atlanta possessed the same noble temper. No man who
ever commanded American soldiers on a battlefield will
fail to remember that his own command and the enemy
opposed to him always exhibited undoubted courage,
and perhaps every battle afforded examples of heroism
in his own soldiers equal to his own highest claims.
It may have been exhibited in the desperate struggles
between battalions for the possession of a battery or a
flag, or between regiments from the same state with the
same number, the one Federal, the other Confederate,
both refusing to yield the field, officers of all grades and
every man in the ranks, forgetful of all else, fighting
with desperation. The Rebels at Corinth and at Knox-
ville, where we filled the ditches in front of our works
with their dead, displayed the most conspicuous and
wonderful courage, while at Kenesaw, ill fated Kenesaw,
the heads of our columns of attack were swept away by
29

450 THE STORY OF AN EARNEST LIFE.
a consuming fire, every man meeting his fate with un
surpassed heroism. So on the grander occasion at
Missionary Ridge where an army, obeying a common
impulse, made their way up the face of the mountain
while its top was shrouded with smoke of more than a
hundred pieces of artillery and the slope crowded with
veteran infantry. No grander scene could be imagined
than that which was witnessed by those in the valley
west of the ridge, when fifteen thousand men at once
sprang forward, pushed their way on and up, and until
they entered the cloud of smoke their battle flags could
be seen fluttering in the sun. Upward they climb ; for
a brief space they are lost to view, then the ringing
shouts of thousands of men is heard, the victory is ours,
and the army of brave men which had beleaguered
Chattanooga is crushed and vanishes. But the battle
on the left of Atlanta, on the day of the death of
McPherson, affords a more pertinent illustration of my
meaning. "On that day, Logan was at once inspired by the
splendid courage of his subordinates, and was, by his
own daring, an inspiration to them. On July 18, or 19,
1864, Hood succeeded Johnston in command of the army
of veterans which had confronted three armies, the
'hundred days' between Ringgold and Atlanta. On
July 20th, he made that impetuous attack upon the
Army of the Cumberland, which opened what is called
the 'Battle of Peach Tree Creek.' He was repulsed
with terrible loss, and during the night of the 21st, Gen
eral Sherman conceived the idea that Atlanta was evacu
ated, and the orders issued to the right of the army on,
July 22d were to leave Atlanta to the left, and pursue
the enemy in the direction of Eastport, wliich was to
the west and south. Whether the supposed fact of the
evacuation of the city by the Rebels had been announced
on the morning of the 22d to General McPherson, who
commanded the Army of the Tennessee on the extreme
left, I never knew. I have always supposed that it had

MEMORIAL ADDRESS— JOHN A. LOGAN. 451
been done, and that, inspired by belief that the enemy
had retreated, McPherson was less careful than usual,
and that Hood was allowed, by a bold movement, to
turn and envelop the left of the army with nearly his
whole force of magnificent men. The movements of the
Rebel forces were so made and concealed that McPherson,
while riding inside his own lines, as he supposed, en
countered a portion of the enemy, and was killed, and
Logan took command.
"From all accounts, official and personal, of this bat
tle, which have been published, it was one of the most
remarkable affairs of the war, and made the largest de
mands upon the soldierly qualities of officers and men.
"I hesitate to say that any portion of the Army of
the Tennessee was surprised, because I remember the
controversies produced by the events of the battle of
Shiloh. I believe that on the morning of July 22d, Gen
eral Sherman did not expect that any part of his army
was to fight a battle on that day. I know he did not
expect the right to fight because it was informed by him
that Atlanta was evacuated, and it was ordered to pursue
the enemy, who Avas supposed to be retreating.
"If he had expected the center or left to fight on that
day, he would not have sent the right in pursuit of an
enemy which had not retreated, and which he knew was
then in position, or to take position for the battle.
Whatever may be the facts upon these points, the Rebel
movements brought the armies face to face, and Hood's
attack was made with recklessness, which characterized
his conduct in all the battles around Atlanta and Frank
lin, where, under the impulse of mere unreasoning cour
age, Hood attacked the retreating Army of the Cumber
land, and was repulsed with the loss of thousands of his
best officers and soldiers.
"It was precisely at this moment that the death of
McPherson devolved the command of the Army of the
Tennessee upon Logan, and it is upon his conduct on
that day rests his best claim to be regarded as a

452 THE STORY OF AN EARNEST LIFE.
great military commander. On that day, thousands of
men whose names appear only upon such company rolls
as may have been preserved, or who sleep in nameless
graves in the soil of Georgia, fought with unsurpassed
and unsurpassable courage — but Logan, while he saw
this grand expression of valor with the pride and en
thusiasm of a soldier, had other claims upon him. It
was the necessity of his situation that he should be cool
and deliberate and observant of all the phases of the
battle, and on all points of the battlefield. Others, un
der the fierce gloAV of the battle fever, which thousands
have felt, but which none can describe, might fight, for
getful of all but that a brave enemy was before them.
But the commander, with a ready eye, and unconquer
able resolution, must be able to see order when to others
everything is confusion ; must think for all, have an eye
for the battlefield, and be ready to provide for every
emergency. "These were the qualities required of Logan on that
day, and we have the testimony of General Sherman
himself that Logan possessed and employed them all.
I will not quote Sherman's testimony on these points as
it appears in letters written by himself a few days after
the battle ; but Sherman, to the astonishment of all, in
the face of his admissions of Logan's gallantry and skill
on that day, within a week after the battle, assigned a
stranger to the command of the Army of the Tennessee,
and Logan returned to the command of his corps. It
was felt at the time that Sherman's course in relieving
Logan was a wrong done to him and to the volunteer
officers of the army. The real reason for Sherman's
conduct was that Logan did not belong to the regular
army. It is true, as Sherman says in his letter of ex
planation written to Halleck assigning Howard to the
command of the Army of the Tennessee, 'It did not de
prive Logan of his rank in the army, nor of his excel
lent army corps,' but we know that it did deprive Logan
of his opportunity to win the distinction at the head of

MEMORIAL ADDRESS— JOHN A. LOGAN. 453
the army, which he had demonstrated his capacity to lead
and command on a battlefield. It is probable that this
mistake of General Sherman resulted from the often ob
served fact that men educated at West Point, who have
attempted the pursuits of civil life and have failed, are
apt in war to overestimate the value of special military
training. "They are unable to imagine a versatility of capacity
which makes it possible for some men, without the
formal training of this school, to succeed by force of
qualities which adapt them to military command. The
great Napoleon, unlike Halleck and Sherman, did not
look to the military schools alone for the leaders of his
armies. He understood men and employed great qual
ities wherever found, and the result was that his 'eagles'
dominated the world. The value of opportunity will be
understood by a brief reference to some other distin
guished commanders during the war. Opportunity
waited for Grant. He won Donelson and fought the
battle of Shiloh, and was then superseded by Halleck.
Opportunity came to him again before and at the fall
of Vicksburg, and she again came to him with a smiling
face at Chattanooga. She invited him to the Army of
the Potomac when McClellan, McDowell, Pope, Hooker
and Burnside had failed, and at a time when the poli
ticians at Washington had been taught by our reverses
that to make and unmake commanders for the Army of
the Potomac would not put doAvn the rebellion. Grant,
when he reached Washington, was made the dictator of
the republic. His will was made law. He touched the
wires and armies were created and moved at his word.
The governors of states became his recruiting officers,
and recruits moved from the states in masses to fill the
vacancies in his ranks, created by disease in his camps
and death on his battlefields. He was placed upon an
eminence of command from which he overlooked the
whole field ; and with the resources of the country at
his command, he crushed the rebellion, and no other

454 THE STORY OF AN EARNEST LIFE.
policy and perhaps no other man was equal to the oc
casion. "Opportunity waited for Sherman with great patience.
He did not distinguish himself at Bull Run in 1861, nor
in Kentucky, or in Missouri. At Shiloh, he says that
he was not surprised, though he confesses some aston
ishment that he was attacked unexpectedly. His assault
upon Vicksburg was unfortunate. His raid upon Me
ridian, in 1864, was not fruitful of good results, nor did
he succeed in crowning Missionary Ridge until the
enemy was successfully assailed by the Army of the
Cumberland ; but opportunity finally came to him and
gave to him the command of the army on his march
from Chattanooga to the sea. Perhaps she was not so
kind when she allowed him to exhibit his superiority
to men trained in the pursuits of civil life, as he did
in his never-to-be-forgotten negotiations for the surrender
of Johnston. Grant, who entertained a different view
of his duty, assigned General Logan to take command
of the army at Nashville in December, 1864 ; and the
events which followed further illustrate the value of op
portunity, for if Logan had reached Nashville one day
before Thomas commenced his battle, Logan would have
taken command of the army and won a great victory,
Avhile Thomas, who now occupies so grand a place among
the illustrious soldiers of the republic, would scarcely
be remembered. It would afford me pleasure to enter
into the details of the military life of General Logan,
and give an account of his services at Belmont, at Don
elson, at Shiloh, and in the battles in the advance upon
and before the siege of Vicksburg and around Atlanta,
but the needed information on these subjects is before
the country, and I may add that in addition to a purpose
I have already disclosed, my only object is to present
him to your view by reference to characteristic events as
he Avill in my judgment stand in history. To attempt to
make my audience comprehend my estimate of the char
acter of General Logan by comparing him with any other

MEMORIAL ADDRESS— JOHN A. LOGAN. 455
man whose name is familiar in our history, would prob
ably mislead or delude, but still, at the risk of being
misunderstood, I avUI attempt it. In most important
respects, he resembled Andrew Jackson, though less
fortunate in mere accidents that give men distinction.
He was the equal of Jackson in courage, resolution and
promptness on the battlefield, but since Jackson's day,
social and military conditions are essentially changed.
"Jackson, without formal military education, was the
most eminent military leader of the day in which he
lived ; but all the accidents of the times favored him. He
commanded men who knew and loved him. The science
of war as he practiced it was simple, and afforded a wide
field for the exercise of personal martial qualities. The
weapons of war were the arms possessed by the citizen,
and except in the single operation at New Orleans, the
enemy was the savage. Jackson was never 'over
slaughed' or controlled by the pedantry of military
sciolists or the necessities of politicians. I feel quite
confident that under like circumstances General Logan
would have been equal to the duties, and would have
won the victories which crown the name of Jackson.
"Nor was he one of the men made great by war, to be
made small by peace, of which we have seen in our his
tory so many melancholy examples. After the war was
over and the authority of the government restored, he
again entered the civil service of the country. I am not
prepared to say the mind of General Logan was adapted
to the highest achievements of statesmenship, nor do I
believe that an example can be found in the history of
the race where the highest military qualities and those
of profound constructive statesmanship have been united
in the same person. Washington and Jackson possessed
great administrative abilities, so, in my judgment, did
Logan, as I think he would have proven had he lived to
attain the presidency. Administrative qualities are
akin to those which are essentially military. Madison,
though the most learned, thoughtful and profound of

456 THE STORY OF AN EARNEST LIFE.
our early constitutional statesmen, was painfully insig
nificant when the country became involved in war.
"When General Logan, after the war, returned to the
pursuits of civil life, he found a party already organized
Avhich possessed the confidence of the country, from the
results of the Avar. He shared its temper and spirit and
at once became one of its leaders, a position he retained
until his death. He was not a doctrinaire in politics,
but essentially a man of action and a leader. He co
operated with his party in its efforts to maintain its as
cendancy, and accepted its economic and financial
theories ; and I can remember but two instances in
which he displayed his own personal characteristics
without reference to his party. One, and the most sig
nificant of these instances is that of his intense, persis
tent and almost obstinate resistance to the restoration of
General Porter to the rolls of the army. The story of
the trial and conviction of General Porter by a court-
martial is well known to the country, and his efforts to
obtain from congress a reversal of the sentence, are
equally familiar. The burden of General Porter was to
prove to military men that he had sufficient reasons for
failing to execute an order from his commanding officer
to move forward and prepare to take part in the battle.
"General Grant (and there is no better authority)
after a careful examination of the evidence now before
the country, has decided that General Porter's reasons
are sufficient ; but I will always believe that if the
15th Army Corps under the command of Logan had
been at the time in the exact situation of General Porter
and his corps, he and his corps would have furnished
more satisfactory evidence of their disposition to move
forward and take part in the impending battle.
"In a later instance General Logan refused to take
part in the local disputes of Ohio politicians over the
charge that one of the senators in congress from that
state had obtained his election by corrupt means. I
know nothing of the facts of this case, but Logan de-

MEMORIAL ADDRESS— JOHN A. LOGAN. 457
clined to be dragooned into the controversy, and learned
as a consequence, that no service to the country will pro
tect a public man from the fangs of angry, disappointed
politicians. "But he is gone. He is deaf alike to the voice of
praise or censure ; his comrades, many of them older
than he, will soon follow him, and they ask for him, and
for themselves, no other epitaph than 'here lies one who
deserves to be remembered by his countrymen.' "

458 THE STORY OF AN EARNEST LIFE.

CHAPTER XXVII.
Marriage of the author — Nomination and canvass for Governor of
Illinois.
On April 4, 1888, I was married a second time, to Mrs.
Hannah L. Kimball, the daughter of Mr. James L. Lamb,
of Springfield, Illinois. Mrs. Kimball was the widow of
Mr. L. R. Kimball, who died in May, 1865. She is
my companion and amanuensis, and has rendered me val
uable assistance in the preparation of this volume.
On May 22, 1888, the evening before the meeting of the
Democratic convention, I called upon the delegates and
candidates for the nomination for the different offices of
the state, including that of governor, from mere cour
tesy, and visited Mr. Sparks, of Clinton county, who
was a prominent candidate, the Macoupin delegation,
and Judges Anthony Thornton and S. B. Moulton, and
was surprised by the suggestion that I should become a
candidate for the nomination by the convention for gov
ernor. I declined to do so, alleging my age as an apology
for my declination, when I was told by the gentlemen
who had solicited me to become a candidate, that I would
only be required to make a few speeches for publication,
and "go through the motions."
I told them that the Democratic party would expect
more of me than to be a nominal candidate, and that, if
a candidate, I must try to be elected, but that I would
take an hour or two to consult my friends and consider
the matter, and would inform them of my decision be
fore ten o'clock at night. After a brief consultation with
a few friends, and those who had a right to advise me, I
reported to the gentlemen who had proposed the nomina
tion to me, that, "if the convention made the nomination
with anything like unanimity, I would accept it, but that
I would not engage in a struggle for the nomination."

NOMINATED FOR GOVERNOR OF ILLINOIS. 459
The convention met the next day (May 23d) , with Gen
eral Jesse J. Phillips as president, and nominated me as
a candidate for governor on the first ballot. I did not
expect the nomination, and had only promised to accept
it if conferred with unanimity, but I appeared before the
convention and accepted it. I made my own issues in a
speech which was reported as follows :
"Mr. Chairmen and Gentlemen op the Conven
tion — My days of office-seeking for the gratification of
ambition are over. I owe services to the Democratic
party of the state and to the people, and to them I am
Avilling and anxious to be useful.
"Without preface, therefore, I gratefully accept the
nomination conferred upon me, and I will exert my best
efforts to give your whole ticket success. I do not sup
pose you have nominated me for the presidency ; I sup
pose you are satisfied with the man who was nominated
four years ago, when the Democratic party vindicated its
wisdom by placing in nomination for the presidency its
present incumbent, one of the most sensible, practical,
earnest, patriotic men of the age ; nor do I suppose that
you have nominated me for the senate of the United
States. I suppose you believe, and that you know I be
lieve, that the constitution of the State of Illinois is
of binding obligation ; and, when that constitution de
clares that the governor of the state shall not be eligible
to any office during the term for which he Avas elected,
and he takes an oath to support that constitution, you
expect it to be obeyed. When I had the honor to be gov
ernor of this state years ago, I said 'I was the independ
ent governor of the State of Illinois.' I asked nothing
of the legislature. I asked them to do their duty to the
people ; I would do mine. If I shall be elected governor
again, I will again be the independent governor of the
State of Illinois ; and I will ask no favors of anybody.
I gave four honest years of service before, and I will do
so again if the people of this state shall honor me with
their confidence. And, gentlemen of the convention, let

460 THE STORY OF AN EARNEST LIFE.
me say to you that the time has come when the people of
the State of Illinois should be considered in our political
canvasses. We have devoted years to the making of
presidents. Noav, Illinois must have some friends, and
we must now appeal to the people of the State of Illinois
to look after their own interests, and inquire why things
are as they are to-day.
"We must inquire why it is that taxation has increased
and is increasing. They must be told why it is. They
must be asked why it is that the state has become an ob
ject of such contempt, that standing armies are raised in
its midst to furnish mercenaries to Pennsylvania and
Iowa — wherever and under what authority they act ; how
it is that private men may organize soldiers in the state,
hirelings, to go with their Winchesters and overawe the
people. If I am elected governor the people of this
state shall have firm government, so far as it depends
upon me ; as firm as the law and no firmer ; as weak
as the law and no weaker.
"The government of the State of Illinois shall not
under my administration, if I am elected, tempt by its
feebleness weak men to crime, and then hang them for
it ; and men shall be told that the laws are supreme,
that the law will furnish redress for every wrong, that
the law deserves their respect, and that the State of
Illinois deserves obedience to its legislation. The in
terests of the people of Illinois have been disregarded.
We have been but a mere electoral district. The gov
ernors of the state have only regarded this honorable
place to which you have nominated me as a stepping
stone to other places. They have filled up all the state
boards, penal, educational, reformatory and benevolent,
with rings that are controlled by members of the legis
lature, and the members of the legislatures in turn
make senators of the governors. That must be stopped.
Gentlemen of the convention, if I shall have the strength
to make a canvass of the state this year I will leave the
making of presidents to those to Avhom you have assigned

NOMINATED FOR GOVERNOR OF ILLINOIS. 461
that duty. I will endeavor to talk to the people of the
State of Illinois about Illinois. God bless her — I love
her ! Her people are worthy of the best services of the
best men everywhere, and if I shall be elected governor
the State of Illinois shall have the benefit of earnest,
sincere service devoted to its interests. Let Cleveland
run the national government, that is his business. He
Avon't need my help, and, as you recollect a little in
cident in my experience of years ago, I shall not need
his. "Gentlemen of the convention, I promise you fair,
earnest, honest service during this canvass. I want to
see the canvass conducted in Illinois upon plain, square,
practical issues ; that there shall be no dodging any
where ; that when we point out the extravagance or the
negligence of Republican administrations we shall not
be answered by hired bands playing 'Marching through
Georgia.' I shall tell the people what the people have
a right to know, and it will be no answer that they
shall talk to us about the beauties of protection and the
advantages of shackling commerce, that the rich may
grow richer and the poor may grow poorer. Gentlemen,
I am done."
One writer says: "The occasion evidently inspired
the speech, and again and again Governor Palmer was
cheered in a manner that made the great hall ring long
and loud with his praise, for this was the first occasion
when a Democrat or Republican had dared to denounce
the spoils system of politics or to speak plainly of the
conduct of public servants."
The same writer says : ' ' General Palmer made his
opening speech of the campaign at the opera house in
Springfield the latter part of June. . . . But at the
same time his adversaries were not idle, his administra
tion while governor was critically reviewed and every
supposable weak point was brought to the surface, and
he thus became the object of universal attack, and
official reports of the state were quoted in order to> make

462 THE STORY OF AN EARNEST LIFE.
the assaults the more effective. The fact that he had
once been a Republican was urged as a reason why no
Republican should vote for him. He was accused of
courting the influence of the anarchists, and an anon
ymous circular to this effect was spread broadcast. His
controversy with General Sheridan at the time of the
Chicago fire was revived. He was charged with resign
ing his command in front of the enemy, and Sherman's
memoirs were cited to prove the charge. General
Palmer bore these assaults with good grace. In his
opera house speech he had anticipated his enemies by
saying that his career in public life had been long and
varied and he expected to have a great deal to say in re
gard to himself before the close of the campaign. . . .
He held that his administration was an open book, that
he had committed no act while governor of which he
was ashamed, he concealed nothing and gave a reason
for every official act while he was the executive which
had been made the subject of the campaign. Some of
his adversaries in their public speeches not infrequently
advised soldiers to 'vote as they shot,' and there was per
haps no unkind word written or spoken of him during
the heated contest that so touched his manly pride as
did the attempt to cast odium upon his name as a soldier,
and when the campaign Avas over he resigned his mem
bership in the Grand Army of the Republic, as evidence
of the displeasure he felt toward those of his comrades
who had allowed political prejudice to call in question
his acts as a soldier."
I hope that I may be permitted to add from the same
Avriter: "The canvass of the state by General Palmer
Avas regarded as the most illustrious since that of Douglas
and Lincoln in 1858. He spoke not infrequently to ten
thousand people, sometimes in the scorching sun, some
times in the pattering rain, sometimes by the dim light
of the torch, but always with a power and clearness
upon the questions of the hour that arrested the atten
tion of the whole country, and those nearest him, who

NOMINATED FOR GOVERNOR OF ILLINOIS. 463
felt the public pulse as he mingled with the masses, as
sumed that but for the ever-pressing influence of the
national campaign, he would have been elected." —
[Politics and Politicians of Illinois, 576-581. J
On June 19th, I had an appointment to speak at Lin
coln, Logan county. I observed that the older politicians
who had been accustomed to defeat kept away from the
meeting, but I was met by an immense number of young
Democratic voters, who insisted upon an earnest, ener
getic campaign. I asked what majority they would give
me in Logan county, which before that time had given
a majority to the Republicans? One of the persons ad
dressed said, "We will give you three hundred." Al
though I had some doubts about their ability to do so, I
then and there determined to make the canvass ener
getically and "for all that was out."
During the canvass, I visited all parts of the state,
and spoke in more than sixty counties, frequently ad
dressing two audiences in one day, and spoke to thou
sands of persons. At Streator, it was charged against
me that I was in the service of the railroads, and that
Mr. Paul Morton of the R. I. R. R. was the treasurer of
my campaign.
In my speech, I gave an account of every cent I had
received and the names of the donors. It did not exceed
four hundred and fifty dollars, but the name of Mr. Mor
ton was not among them, as I had never known him or
had any correspondence with him.
Another charge was, that I had pledged the anarchists
to pardon such of them as were in the penitentiary. In
deed, a circular imputing that purpose and pledge from
me was published and widely circulated throughout the
state. To that charge I could only oppose my denial,
but the facts are, that a brother of one of the parties
executed called upon me at my residence in Springfield
one morning after my nomination and said to me that
"if I would promise to pardon the anarchists then in the
penitentiary, they would give me ten thousand votes."

464 THE STORY OF AN EARNEST LIFE.
I told the messenger that I could "make no pledges, but
that the anarchists in the penitentiary would stand upon
the same footing that other conAdcts did." I have good
reason to believe that the same proposition was made
to my opponent, Governor Fifer, and was declined by
him. In my addresses, I advised the people to depend upon
the laws and upon the officers to enforce them. I said I had
vetoed the bill under which the Pinkertons were organ
ized, and felt that entrusting police powers to private per
sons was "dangerous and corrupting." I discussed the
railroad question and asserted the right of the state to
prohibit combinations and trusts, for I even then fore
saw, what has since occurred, the formation by corpora
tions of trusts to regulate the prices of products.
I was defeated by 12,547 votes. Harrison's plurality
in the state over Cleveland was 22,104. The Democrats
hoped for my election, and Fifer's friends had believed
that he would be elected by a plurality of 30,000.
It was claimed that the anarchists had voted for me,
but when the vote of Cook county was fully canvassed,
it was evident that such was not the case, but the real
facts are, that Cook county was carried for me upon the
ground that I had done so much for Chicago and Cook
county at the time of the great fire.

NOMINATED FOR U. S. SENATOR. 465

CHAPTER XXVIII.
Letter to Hon. James E. Campbell — Meeting and action of Democratic
state convention — Speech on the ratification of my nomination —
Letter from the Hon. W. E. Mason — My reply.
The canvass of 1888 satisfied me that a Democrat
could be elected to the senate of the United States in
1890 if the candidate for that office could be nominated
by the Democratic primaries and the convention, and be
permitted to canvass the state as the recognized candi
date of the Democratic party. In addition to this be
lief, I think senators should be elected by the people of
the states, and not by the legislatures, and that the con
stitution of the United States should be so amended as
to make that course admissible. Accordingly, on March
1, 1890, I wrote to the Hon. James E. Campbell, Chair
man of the state Democratic committee, the following
letter : "Springfield, March 1, 1890.
"Hon. James E. Campbell, Streator, Illinois ;
"Dear sir — I have your favor of February 22d, and
would have answered it sooner, but I have been both busy
and sick. I am satisfied that the convention ought to
meet in June ; any day in that month would be suitable.
I saw Mr. Wright, of Petersburg, a few days ago and
expressed my views to him fully. I cannot be in Chi
cago on the 6th on account of urgent engagements. I
am anxious to meet the committee for personal reasons .
While I desire to be clearly understood with reference to
the senatorial question, I am in no sense a candidate for
the senate. All that I have ever said is, that I think
that the state convention ought to adopt as a permanent
rule of party action the nomination of a candidate for
the senate, and that if my view of party policy in that
30

466 THE STORY OF AN EARNEST LIFE.
respect is adopted, I would accept the nomination and
make the canvass, but I should greatly prefer that some
other person should be nominated.
"The motive that leads to this suggestion is, that I
do not desire to be a member of the senate, and will
only consent to be a candidate before the people in order
to vindicate the principle of electing a senator by popular
vote as nearly as possible. I wish it to be understood as
not urging my views upon the party ; on the contrary, if
there is any considerable opposition to the plan I sug
gest, I would for the sake of harmony advise that it be
abandoned. "We will carry the legislature if we make a united,
energetic canvass. Let nothing be done that will divide
us, or dampen the enthusiasm of the party.
"Respectfully, John M. Palmer."
The committee met on March 6th, and fixed June 4,
1890, as the date for holding the state convention, and
referred it to the Democracy of the different counties to
choose delegates to the convention, and to express their
preference for or against the nomination of a Democratic
candidate for the senate.
Before the meeting of the convention, more than
ninety counties (including Cook) of the one hundred and
two in the state, had met in their primaries and de
termined that a candidate should be nominated, and se
lected me as their choice, and the convention unani
mously indorsed me for the nomination. After the
ratification of my nomination, I delivered the following
address : "June 4, 1890. ,-
"Gentlemen op the Convention — In 1888, the De
mocracy of Illinois paid me in full for all the services I
had ever rendered them, for they gave me every vote
they could command. No party ever did better, or can
do better. The Democracy of Illinois have to-day paid
me in full and in advance for all I oan hereafter do for

NOMINATED FOR U. S. SENATOR. 467
them ; they have nominated me as their candidate for
United States senator. They have not promised to elect
me . They have given me a commission to go out and
make battle for Democratic principles, and have prom
ised to do all they can to help me. That is all any of us
can promise to do. But it must not be understood that
the Democracy of Illinois intend that I shall go out and
fight everybody ; my mission is a very peculiar one .
The Democracy of Illinois have commissioned me in
their name to make an attempt to popularize the senate
of the United States. I am not, as has been said by
some of my friends who write for the newspapers — I am
not bound as an expositor or definer of Democratic
faith. There are thousands of Democrats in the state
who avUI attend to that job Avhenever required. It does
not need any special champion. The fact is, there is a
growing feeling throughout the country, not confined
to Illinois, that the national senate is becoming an ele
ment of danger, rather than of good. It is the only
body of officials who are not responsible to anybody.
The president, when nominated by the national conven
tion, although he takes but a small part in the canvass
that precedes the election, is made the subject of criti
cism ; his whole life is examined, his business relations
are discussed, and at last the people pass upon the men
who are presented to them. Not so with a senator.
Sometimes, as is found in this state, when the governor
uses his patronage while occupying the position of chief
magistrate of the state, and later on, secures the ma
jority of the legislature, when the legislature assembles
the party caucus nominates him, he ceases to be gov
ernor and becomes senator, and from that time forth he
is responsible to nobody. He travels through the state
during the pendency of the elections, and criticizes the
candidates, but is responsible to no one.
"It is the purpose of the Democracy of Illinois that
hereafter when a senator comes into the state somebody
shall take care of him. It is intended hereafter that the

468 THE STORY OF AN EARNEST LIFE.
senators from Illinois shall give an account of them
selves. Heretofore, as I have said, they have traveled
through the state responsible to nobody. National ex
penditures are increasing at a fearful rate. The neAV
state of Montana is organized, and two senators stolen,
and we are threatened with an election law, which is to
make our representatives just what the party in power
may choose. Our senators will take part in these meas
ures, but when they come into Illinois it is the purpose of
the Democracy that they shall answer for their conduct
at the bar of public opinion. They shall be asked why
the people of the State of Montana are not allowed to
have senators Avho represent them ! They will be re
quired to respond to these questions. They will be
asked, what have the people of the State of Illinois
done that the power and control over their own elections
shall be taken from them and placed in the hands of ir
responsible federal officials? They will not escape by
wrapping their senatorial togas around them. It is the
intention of the Democracy that these men shall be
compelled to answer. Here they will be surrounded
by the representatives of four hundred thousand Demo
cratic votes, and an answer will be demanded. That is
the purpose of your action to-day, not to provide a
champion for Democratic principles, not the sending
forth of a knight-errant to encounter windmills. The
purpose is, that hereafter these senators shall be made
responsible to the people, their acts shall be inquired
into, and they shall be called to respond to them just
as other people are required to do. That is the pur
pose of the movement ; it is to popularize the senate of
the United States.
"In other states gentlemen have found evidence that
satisfies many people, that in some of those states the
request of a senatorial candidate for votes is expressed
in the form of a 'check.' It will be the purpose of the
Democratic party that such 'checks' shall not pass cur
rent in senatorial elections hereafter, but that the conduct

NOMINATED FOR U. S. SENATOR. 469
of those officials shall be investigated. They shall, for the
first time in our history, be made responsible for their
conduct. We know that in the earlier history of the re
public, the senator was regarded as so much the serv
ant of the state that legislatures instructed them as to
their duty, and the common laAV of politics of that time
required that the senator should obey the instructions
given by the legislature, or resign, that the legislature
could elect some one who would respect the wishes of
the people who sent him to the senate. But all that
has passed by, and now those gentlemen are responsi
ble to no one. The party caucus actually makes the
nomination, the majority elects him for the time being
senator, and the senator is under no obligations to an
swer for his conduct to anybody ; and in this case I say
the action of the Democratic party of the state is a
warning to Mr. Cullom, a monition to Mr. Farwell, and to
those men generally of the Republican party, that when
they think proper to nominate a senator they will do it.
"Well, this commission will be a burden to me, and
you know you must take care that Democratic princi
ples are enforced. There are thousands of Democrats
all over the state while this work on this charge is being
performed who will take care of the followers behind.
That is the mission on which you have sent me.
"Gentlemen of the Convention, I trust during this
canvass I may be able to render an additional service to
the Democratic party that is to assure them of my belief
that Illinois is to-day a Democratic state. It is to assure
the Democracy of the state that the time has come when
. they may be Democrats without forfeiting their social
standing or injuring their character as church members.
That now public opinion has so far changed that not
only is that true, but that the intellect and intelligence
of the country is now with the Democratic party, and
the work of the party from this time fonvard requires
but this, that the old men should remember that they
still owe duties to their country which will last as long

470 THE STORY OF AN EARNEST LIFE.
as they live ; that the men in middle life will feel that
good government must be maintained for the welfare of
their children ; that it is upon the young men we must
depend in this struggle ; and I, for one, will say in this
campaign I want to be regarded as a captain for one
purpose. I want to say to every young Democrat in
this state, that you have the right to go forth and fight
this battle for good government, and if you fight it earn
estly, you will win it.
"Most of the Republican party believe that they
should stand by the men in poAver, and their patriotism
requires that the older they grow, the more money they
should receive. They have succeeded to all the patriot
ism of the old soldiers in the army, and still require that
you should provide for their noble service to the country.
That is not true of the young men, and you will now
have to fight for the principles of the Democratic party.
"Gentlemen of the Convention — It is not necessary
that I should say I thank you most profoundly for this
additional evidence of your confidence. I thank you
with my whole heart for your kindness .
"I have read with the greatest interest the proceed
ings of your county convention, and the kind words
spoken of me, and I have felt grateful to all of you, and
I shall enter upon this contest with all the energy I can
employ in that direction.
"I believe sometimes I have read a newspaper pub
lished by my young friend, Mr. Medill, who designates
me as a 'decrepit old man.' I have only to say that if
he does not quit, I will treat him as the prophet did the
boys — I avUI 'set the bears' on him ; I will set the bears
on those juveniles who follow me.
"I shall endeavor to make a good fight for a good
cause, and I shall call on one and all of you to do your
full share in this work.
"There is to be no 'off year' in politics in Illinois any
longer. The Democracy of Illinois does not require the
incentive of a presidential election to bring them out to

NOMINATED FOR U. S. SENATOR. 471
work. And this should be no 'off year.' It should be
one of labor for the cause of right and justice, and that
the people may be delivered from the terrible oppression
under which they now labor. Gentlemen, I repeat my
thanks, and with that I am done."
During the summer after my nomination and whilst
engaged in the canvass, the foUowing correspondence
took place : "Washington, D. C, August 15, 1890.
"Hon. John M. Palmer, Springfield, Illinois: My Dear
Sir — I have read what purports to be extracts of speeches
made by you in regard to legislation proposed and passed
by the present house of representative, and believing the
people will take more interest in it and understand pub
lic questions better if they were jointly discussed, I there
fore very respectfully invite you to meet me in joint dis
cussion upon the questions which have been pending in
the fifty-first congress. I desire to maintain that the
action of the Republican party on the silver, tariff, na
tional election, anti-trust and pension legislation have
been more for the interest of the people than any similar
legislation offered or passed by the Democratic party
during its last four years of power.
"I suggest these questions, as I desire to discuss live
issues, but will take up any other question you may de
sire, comparing the record of the two parties. I am
sure no personalities will be indulged in, and I am led
to believe you will receive this communication in the
spirit in which it is written.
"Please do not think me presumptuous. I know your
experience and ability as a lawyer and as an orator,
and trusting nothing to my own ability but wholly to
the justice of my cause, I desire to meet you in joint
discussion as suggested herein.
"Very respectfully yours, Wm. E. Mason."

472 THE STORY OF AN EARNEST LIFE.
"Springfield, Illinois, August 18, 1890.
"Hon. Wm. E. Mason, House of Representatives,
"Washington, D. C.
"My dear sir — I have to acknowledge the receipt of
yours of August 15, 1890, in which you say: 'I have
read what purports to be extracts of speeches made by
you in regard to legislation proposed and passed by the
present house of representatives, and believing the
people will take more interest in, and understand public
questions better if they were jointly discussed, I there
fore very respectfully inAdte you to meet me in joint dis
cussion upon the questions which have been pending in
the fifty-first congress,' and you express a desire to main
tain in such joint discussion that the 'action of the Re
publican party on the silver, tariff, national election,
anti-trust and pension legislation have been more for
the interest of the people than any similar legislation of
fered or passed by the Democratic party during its last
four years of power. ' The Democratic party of Illinois
share with you the belief that the people take more in
terest in, and understand public questions better, if they
are jointly discussed in their presence, and the De
mocracy of nearly every county in the state gave expres
sion to that belief when, in their primary meetings, they
declared that sound policy dictated the nomination of a
candidate for a senator in the congress of the United
States, and did me the honor of expressing their prefer
ence for me as such candidate ; and it was a source of
profound regret and something of a surprise not only to
the Democracy, but to many Republicans, and to the
large class of voters who are not in harmony with either
of the leading political parties, that the Republican
state convention not only declined to nominate a candi
date for the senate, but refused to designate a dis
tinguished citizen whose name I am informed was sug
gested, to jointly discuss with me the political questions
that most deeply interest the people.
"Understanding from these facts that the Republican

NOMINATED FOR U. S. SENATOR. 473
leaders of Illinois, in declining to name any one of its
distinguished men (yourself included) for whom they
are willing to be responsible in joint discussion such
as you propose, I am not able to see what public ad
vantage would result from an acceptance of your in
vitation. "It will readily occur to you that our relations to the
people of the state are essentially different. A very
large number of the electors of the state, by nominating
me as a candidate for a seat in the United States senate,
have made themselves responsible, not only for my po
litical opinions and conduct, but for all the important
acts of my public life, while on the other hand, the po
litical party to which you are attached have declined
making itself responsible not only for you, but for all
others of its public men.
"I beg to assure you that I entertain none but feelings
of personal friendship and respect for you, and I know
no gentleman in this state more capable of vindicating,
if vindication were possible, the measures to which you
refer, and it would afford me the greatest satisfaction if
the Republican party should, before the election, accept
your view of the value of the joint discussion of public
questions, and name you as a candidate for the United
States senate. In such an event it would be my duty,
upon an intimation of your wishes, to accept an invita
tion to engage in such joint discussion as might be ar
ranged. "Respectfully,
"John M. Palmer."
The legislature assembled on the Tuesday after the
first Monday in January, 1891, and cast one hundred and
fifty-three ballots for senator, and on the one hundred
and fifty-fourth ballot I was elected, March 11, 1891.
The legislature consisted of one hundred Republicans,
one hundred and one Democrats, and three populists who
voted for their candidate, Mr. Streeter. The Republi
cans voted for Governor Oglesby on a great many bal-

474 THE STORY OF AN EARNEST LIFE.
lots, but finally, with the aid of Dr. Moore and Mr.
Cockrell, Populists, I was elected.
I am largely indebted to the speaker of the house,
Hon. Clayton E. Crafts, the one hundred and one Demo
crats who so faithfully adhered to me for one hundred
and fifty -four ballots, and hosts of other friends, re
membered if not mentioned.

ELECTION OF SENATORS BY THE PEOPLE. 475

CHAPTER XXIX.
Take my seat in the senate — Funeral of Senator Plumb — Speech on
election of senators by the people — Discussion with Mr. Chandler.
I took my seat as senator from the State of Illinois on
December 7, 1891, and Avas assigned to the following
standing committees: "Military Affairs," "Pensions,"
and on "Railroads," and the select committee "to in
quire into all claims of citizens of the United States
against the government of Nicarauga."
Preston B. Plumb, a senator from Kansas, died on
December 20, 1891, and I was appointed one of the
committee to accompany his remains to Emporia,
Kansas, with Senators Peffer, Dolph, Paddock and
Gordon. We proceeded to Emporia by way of In
dianapolis, Terre Haute, St. Louis, Kansas City and
Topeka, and there buried our late associate.
From the assembling of congress after the holidays, I
took part in the debates upon all the important ques
tions that came before the senate. I advocated the
admission of Fred T. Dubois to a seat in the senate
from the State of Idaho. Mr. Dubois Avas opposed upon
the ground that he was elected on December 16, 1890,
which Avas the second Tuesday after the organization of
the legislature of Idaho.
The senate of Idaho had assembled and elected a
speaker pro tempore and a secretary, and adopted the
rules of the last territorial assembly, and provided for
the drawing of seats by the senators.
I maintained that the senate of the State of Idaho was
organized for the purposes of the act of congress of 1866,
and that the election of all the officers of the legislature
were pro tem as long as the legislature would continue
them in office. Mr. Dubois was admitted to his seat in
the senate.

476 THE STORY OF AN EARNEST LIFE.
On February 18, 1892, I called up the resolutions
which I had before offered for adoption, which were as
follows, and aftenvards addressed the senate in the
speech given below :
"Resolved, by the senate and house of representatives,
etc., that the following amendment to the Constitution
of the United States be proposed to the legislatures of the
several states, Avhich when ratified by the legislatures
of three-fourths of the several states shall become a part
of the constitution.
"The senate of the United States shall be composed
of tAvo senators from each state, chosen by the people
thereof for six years, and each senator shall have one
vote. "Electors for senators in each state shall have the
qualifications requisite for electors of the most numerous
branch of the state legislature.
"When vacancies happen in the representation of any
state in the senate by resignation or otherAvise, the exe
cutive authority shall issue writs of election to fill such
vacancies. "At any election for senator the person receiving the
highest number of votes shall be held to be duly
elected." "Mr. President — In calling the attention of the
senate and the country to the subject of an alteration
of the Constitution of the United States, which shall
provide for the election of senators in congress by a
direct vote of the people of the several states, I only
obey the instructions given me in the most impressive
manner by the people of the State of Illinois.
"The people of Illinois are loyal to the constitution,
and are devoted to the principles of orderly, constitu
tional free government, but they believe that the election
of senators by the state legislature under existing con
ditions has failed of satisfactory results, and that the
reform proposed by the joint resolution now before the

ELECTION OF SENATORS BY THE PEOPLE. 477
senate is demanded alike by correct principles and the
highest considerations of public policy.
"Influenced by a knoAvledge of public opinion, the
state committee of the Democratic party of Illinois, in
1890, in connection with a call for a state convention,
submitted to the electors attached to that party two
propositions to be considered and determined by them
in their primary conventions. These propositions were,
in substance, first, the propriety of a nomination by the
proposed state convention of a candidate for senator to
be voted for by the people at the next election, as
directly as is possible under the provisions of the con
stitution, and, secondly, the selection of a candidate for
senator if it should be determined that a candidate
be nominated.
"The election of a senator by a popular vote, which
by common consent should control members of the legis
lature, was not novel to the people of the State of
Illinois, for they Avere familiar with the history of the
great contest of 1858, when Douglas and Lincoln were
spontaneously chosen to represent opposing opinions
upon subjects which, by their gravity and importance,
interested and excited every intelligent voter in the
state. "These great leaders traversed the state together; ad
dressed audiences composed of thousands of citizens at
different important points ; and, separating from time to
time, each pursued his own canvass until they were
heard by a majority of the voters of the state.
"This historical contest involved principles of the
most profound importance. It was characterized by ex
hibitions of oratory and logic and the most extensive
knowledge of the principles of free government, but the
questions they discussed, like the great actors in the
drama, have passed into history, or live only in the
memory of the few who still linger on the stage of ac
tive life.
"The conditions which existed in 1890 and now are

478 THE STORY OF AN EARNEST LIFE.
different from those of 1858. Then the questions discussed
involved the existence of the Union. The great civil war
which soon followed was foreseen by many, though but
by few in its awful proportions. Now, proposed reforms
in the government, and even alterations in its structure,
may be considered in the form of calm reason, enlight
ened by experience.
"The result of the submission of the two propositions
before mentioned to the Democratic electors of the state
Avas, that the primary conventions held in more than
ninety of the one hundred and two counties of the state,
including the county of Cook, which contains now nearly,
if not quite, one-fourth of its population, determined to
nominate a candidate, and indicated their preference for
the person to be presented to the people.
"The state convention, which was held on June 4,
1890, gave faithful expression to the popular will. It
expressly approved the plan of electing senators by the
direct vote of the people, and indorsed the candidate for
the senate selected by the primary conventions.
"The convention also adopted a platform which dis
tinctly and clearly expressed the opinions of the Demo
cratic party of Illinois upon subjects which relate to the
administration and policies of both national and state
governments. "The candidate nominated by the people and indorsed
by the state convention accepted this platform as contain
ing a substantial expression of his own opinions upon all
the subjects referred to.
"During the subsequent canvass, he explained and
defended the principles of the platform in many addresses
to the people in more than fifty counties of the state.
Upon the issues tendered by the platform adopted by the
state convention, one hundred and one members of the
state legislature (two hundred and four being the whole
number) were elected by an aggregate plurality of more
than thirty thousand votes.
"These 'one hundred and one' members of the legis-

ELECTION OF SENATORS BY THE PEOPLE. 479
lature, regarding themselves as electors chosen to register
the will of their constituents, between January 21, 1891,
and March 11th, voted for the candidate nominated on
one hundred and fifty-three ballots, and on the one hun-
and fifty-fourth ballot they were joined by two members
of the house of representatives who were favorable to
the election of senators by the direct vote of the people
of the several states, and on that ballot a senator was
elected. "Mr. President — I am here to-day the senator elected
by the free people of the State of Illinois, and my duty
to them and my own sincere and well-matured convic
tions alike require me to urge upon the senate the sub
mission to the legislatures of the several states an amend
ment to the Constitution of the United States which will
provide that the senators shall be elected by the direct
vote of the people of the states.
"Mr. President — I repeat, in substance, what I have
before said, that the constitutional mode of electing sen
ators by the legislatures of the states is no longer satis
factory to the American people.
"I do not mean to make myself responsible for the
charges of bribery and undue influence which attend
nearly every senatorial election by indorsing or repeating
any of them, and, in referring in even this slight manner
to them, I do so only to emphasize the statement I have
heretofore made, that the people no longer confide in,
but are profoundly distrustful of, the methods of electing
senators by the state legislatures.
"It is not a sufficient answer to the popular dissatis
faction with the present mode of electing senators to say
that it is the method provided by the constitution.
"Mr. President — Much of that profound reverence en
tertained by the friends of a free government throughout
the world for the Constitution of the United States results
from an association of the instrument with the names of
the patriots and statesmen who composed the convention
of which Washington was the president.

480 THE STORY OF AN EARNEST LIFE.
"It is, however, a fact disclosed by contemporary his
tory, that the constitution at the time of its adoption
was regarded by many of the most distinguished mem
bers of the convention as an experiment of extremely
doubtful success, and that, while some members of the
convention refused to sign the constitution, or make
themselves responsible for its provisions, others approved
it upon the ground that whatever its defects might be
it Avas preferable as a framework of government to the
articles of confederation to which it would succeed.
"The provisions in the constitution for its own amend
ment, by peaceable, orderly methods, was one of the
happiest conceptions of profound statesmanship ; and
that it was placed in the constitution justifies the belief
that even the necessity for a new system of government
would not have been sufficient to secure the acceptance
of the constitution by the requisite number of states if
it had not been for the confident expectation entertained
by many that it would thereafter be improved by essen
tial amendments.
"It may well excite surprise that the framers of the
constitution, who were familiar with the long struggle
in England to secure popular rights, neglected to pro
vide in the constitution securities for freedom in the
exercise of religion, free speech, a free press ; the right
of the people peaceably to assemble and petition the
government for a redress of grievances ; the right to
bear arms ; the right to be secure in their persons,
houses, papers and effects, against unreasonable searches
and seizures and against general warrants not supported
by oath or affirmation ; and that they failed to provide
by the constitution that no person should be held to an
swer for a capital or otherwise infamous crime unless on
a presentment or indictment of a grand jury ; nor did
they provide protection for the citizen against being put
twice in jeopardy of life or limb for the same offense,
or against being compeUed to bear witness against him
self, nor place his life, liberty and property under pro-

ELECTION OF SENATORS BY THE PEOPLE. 481
tection of due process of law. Private property was
not protected from being taken for public use without
compensation, nor was there secured to citizens accused of
crime the right to a speedy and public trial by an impar
tial jury of the legal or actual vicinage, nor the right to be
informed of the nature and cause of the accusation against
him ; to be confronted with the witnesses against him ;
to have compulsory process for having witnesses in his
favor and the assistance of counsel in his defense ; nor
did the constitution as it came from the hands of the
convention afford protection against the demands of ex
cessive bail, nor the imposition of excessive fines, or the
infliction of cruel or unusual punishments.
"To remedy the obvious omission, and to provide
adequate security for the protection of these important
rights, the first congress which assembled under the con
stitution proposed ten amendments to the legislatures of
the states for their approval. These amendments were
adopted, and became a part of the constitution. The
constitution we reverence is not the fragment prepared
by the convention, but the complete instrument perfected
by the amendment.
"Five additional amendments to the constitution have
since been adopted. Of these, the thirteenth, fourteenth
and fifteenth, grew out of conditions which could not
have been foreseen or provided for by the most saga
cious statesmen ; but the eleventh and twelfth amend
ments are organic, and were devised to cover original
defects in the government.
"The framers of the constitution found but little diffi
culty in the application of the principle then as now so
important, of distributing the powers of the govern
ment to three independent departments, or, as it is well
expressed in the constitution of one of the states, 'those
powers of government which are executive, to one de
partment, and those which are legislative to another,
and those which are judicial to another.'
31

482 THE STORY OF AN EARNEST LIFE.
"But the method of selecting the person to execute
the duties and discharge the functions pertaining to
the several departments was the subject of profound
differences of opinion among the members of the con
vention, and of extensive debate. It is said that the
proposition, 'that the national legislature ought to con
sist of two branches,' was agreed to without debate or
dissent, except that of Pennsylvania, given probably
from complaisance to Dr. Franklin, who was said to be
partial to a single house of legislation.
"It is manifest that there prevailed in the convention
the most profound distrust of popular elections. It was
conceded, indeed, that an election of one branch, at
least of the proposed legislature by the people, imme
diately was a clear principle of free government. Mr.
Gerry, whose name is connected in modern political life
with a practice which is invariably denounced by minori
ties, conceded that much. He said: 'It was necessary
that the people should appoint one branch of the govern
ment, in order to inspire them with confidence,' but he
wished the 'other to be so modified as to secure a just
preference of merit.'
"The organization of the senate was for more than one
reason a matter of difficulty ; the small states demanded
equal representation in the senate, and this was, as we
know, ultimately yielded. But it is probable that the
general purpose of the convention in the organization of
the senate and in the election of senators, was expressed
by Mr. Dickinson, who said he wished 'the senate to
consist of the most distinguished characters, distinguished
for their rank in life and their weight of property, and
bearing as strong a likeness to the English house of lords
as possible,' and he thought 'such characters most likely
to be selected by the state legislatures, than by any
other mode.' Mr. Madison, sharing the same feeling,
said ^'The use of the senate is to consist in its proceed
ing with more coolness, with more system and with more
wisdom than the popular branch.' On another occasion

ELECTION OF SENATORS BY THE PEOPLE. 483
he said 'he was an advocate for refining popular
appointments by successive nitrations,' but thought
'it might be pushed too far.' He wished 'the ex
pedient to be resorted to only in the second branch of
the legislature and the executive and judiciary branches
of the government.' Considerations like these largely
influenced the convention to confide the election of
senators to the legislatures of the states. Perhaps it
will excite surprise to persons who are familiar with ex
isting conditions, to be reminded that another of the ob
jects intended to be accomplished by the election of sen
ators by the state legislatures, was that of protecting the
commercial and moneyed interests. It was argued in
the convention 'that the commercial and moneyed inter
ests would be more secure in the hands of the state legis
latures, than of the people at large.' The former has
more strength of character, and will be restrained by
that from injustice.
"And then, to illustrate their incapacity, it was added :
'The people are for paper money, and the legislatures
are against it.' In Massachusetts, the county conven
tions had declared a wish for 'a depreciating paper that
would sink itself.'
"At that time the 'planting states,' as they were
termed, were the wealthiest, and their influence was
dreaded by the commercial states of the East and North .
What marvelous changes time has produced ! The
'commercial and moneyed interests' are now most
potent. They have representation in every department
of the government.
"I do not concede that the framers of the constitution
properly estimated the intelligence and capacity of the
then people of the several states. Most of the members
of the convention were themselves still under the influ
ence of the inherited, aristocratic ideas, and were with
out experience of the successful working of popular in
stitutions. They were surrounded by the most dis
couraging circumstances ; the separate American states

484 THE STORY OF AN EARNEST LIFE.
in their aggregate territory were but a strip between the
ocean and the mountains ; they were without an adequate
government, without commerce, without credit or es
tablished industry. With the aid of France, they had
but lately succeeded in establishing their independence,
which Great Britain had yielded with haughty contempt
for their poverty and weakness.
"The inefficiency of the articles of confederation led to
the calling of the convention, and the objeet of the lead
ing members of the convention was to provide a new
government, founded on popular rights, which should at
the same time produce stability and strength.
"Having these objects in view in the formation of the
new government, it is not surprising that the framers of
the constitution feared that to allow the people a larger
participation in the direct control of the government,
would be to introduce into the system an element of
weakness. "In this apprehension, no doubt, the authors of the
constitution were mistaken, for experience has demon
strated that whenever any portion of the American
people have been intrusted with political power they have
been equal to its responsibility. They enter and occupy
new territories in multitudes, and at once improvise
governments and establish order.
"The Americans of that day would, like their descend
ants have been equal to their responsibilities and have
added strength to the fabric of the government of the
constitution. They were brave, patriotic and self-deny
ing ; they were not instructed in the learning of the
schools, but they loved liberty and order, and were mas
ters of the art of self-help and self-care, which is the
most useful, if not the noblest, education.
"If, however, it was conceded that the framers of the
constitution properly estimated the intelligence of the
people of that day, we cannot be blind to the changes
produced by a century of progress.
"It is easy to compare the American republic, which,

ELECTION OF SENATORS BY THE PEOPLE. 485
at the time of the adoption of the constitution, was only
able to ask of Great Britain, in terms not amounting to
a demand, a compliance with the terms of the treaty of
peace, and which begged the privilege of sharing the
navigation of the Mississippi river, with the great re
public of to-day, composed of forty -four organized and
powerful states which extend from the Atlantic to the
Pacific ocean ; from the great lakes to the gulf, and to
the line that separates the United States from Mexico,
Avhich is threaded by systems of railways of which our
fathers never dreamed, with a population approaching
seventy millions, and with an external commerce proba
bly as great as was that of the world a century ago.
"But it is not in material respects alone that the
United States have, within the century, accomplished so
much, for, in 1787, liberal culture was the exception ; in
1892, it is the rule.
"Now, the school-house dots every neighborhood,
youthful libraries are found in every village, institutions
for higher culture are open to the humblest student, and
the newspaper, with its many million sheets, reaches
daily the most obscure settlement, and the telegraph
and telephone have annihilated time and distance, and
steam, a comparatively new force, is almost obsolete,
now that the lightning is made subject to the require
ments of human necessities.
"But few public men can be found who do not recog
nize the intelligence of those who control the instru
ments of modern industry, and those who are engaged
in what were once the sober and quiet pursuits of agri
culture, quickened by the consciousness that the products
of their acres are by the modern means of communica
tion and transportation brought into competition with
every productive acre on the globe, are asserting their
right to participate in the direct control of the govern
ment. "It may be lamented, but it is true, that the peaceful
contentment of farm life is no longer found anywhere,

486 THE STORY OF AN EARNEST LIFE.
since the farmers are but the manufacturers of the raw
material of commerce, and have become necessarily rest
less students of political and social economy.
"From Avhat I have said, the conclusion is inevitable
that none of the reasons which led the framers of the
constitution to deprive the people of the direct control
of the executive department and of the senate now ex
ists. Experience long ago demonstrated the uselessness
of the electors as agents for the selection of presidents
and vice-presidents. Electors are now but counters for
the enumeration of the votes of the states — the John
Does and Richard Roes of our political system.
"The propositions, I repeat and seek to maintain, are,
that the constitution should be so amended that the elec
tion of senators should be taken from the state legisla
tures and conferred upon the people, to be exercised by
them directly. Specific proof of the incapacity of the
legislatures to exercise electoral functions, and of the
capacity of the people to do so, will be found on exam
ination of the revised and amended constitutions of the
older states and of the new states modeled after them.
It avUI be sufficient for my purposes, and tend to brevity,
for me to refer to the Constitution of the State of Illi
nois ; that is, the original constitution of 1818, under
which the territory of Illinois was admitted into the
Union, and the revised constitutions of 1848 and 1870.
"The territory of Illinois extended from the Wabash
to the Mississippi and from the Ohio to Lake Michigan.
Almost the entire population was south of the present
capital of the state, while the northern half was what,
in 1818, seemed limitless prairie. The population of the
northern half was so sparse that, as late as 1821, Chi
cago Avas described in a book of authority as 'the village
at the mouth of Calamick creek, in Pike county.' The
emigrants to Illinois territory were the pioneers of civil
ization, chiefly from Virginia and the Carolinas, who
had found their way through Tennessee and Kentucky.
Soon after they crossed the Ohio, their emigrations were

ELECTION OF SENATORS BY THE PEOPLE. 487
checked by what seemed to be the dreary waste of the
central and northern portions of the territory.
"The people I have attempted to describe were, be
yond anything that we can now conceive, jealous of the
executive authority, and, therefore, by the constitution
of 1818, they reserved to themselves the election of a gov
ernor, but surrounded him with a council of revision,
consisting of the judges of the supreme court, and then,
apparently distrusting themselves, they provided that
the justices of the supreme court and the judges of the
inferior courts should be appointed by both branches of
the legislatures. The constitution further provided that
the justices of the peace should be appointed in such
manner as the general assembly should direct, and the
legislature was authorized to appoint the executive
officers of the state government, with the exception of
the secretary of state.
"Under the constitution of 1818 the legislature was
omnipotent, and it is difficult to describe the extent to
which it abused its powers. It established a visionary
system of internal improvements and elected commission
ers to execute the contemplated public works with au
thority to sell the bonds of the state in domestic and
foreign markets, by which means a public debt was
created so enormous, that when the people in 1847
called a convention to revise the constitution, poverty
and distress prevailed on every hand. The legislature
also reorganized the judiciary, and elected four additional
justices to the supreme court.
"The convention of 1847 made many valuable changes
in the existing constitutions. It prepared and submitted
to the people a provision for the payment of the state
debt, Avhich the people, with that sturdy, rugged honesty
and courage which has always characterized the people
of Illinois, adopted by their direct vote, and saved them
selves and their posterity from the shame of repudi
ation. "I hope I may be pardoned when I pause and say

488 THE STORY OF AN EARNEST LIFE.
with feelings of pride that I assisted in the preparation
of this proposition. I voted for it as one of the freemen
of the state, and that in 1869, while governor, and the
currency of the country was depreciated, Illinois paid
its debt in gold. The convention of 1847, however, did
more, for it deprived the legislature of all electoral
power ; it provided for the election of governor, and all
the executive officers of the state, and the justices of the
supreme court, and the judges of the inferior courts, by
direct vote of the people, and further provided that no
officer, whether created by the constitution or the laws,
should thereafter be elected by the legislature.
"I confess, that as a member of the constitutional
convention of 1847, I submitted to the plan proposed for
the election of the justices of the supreme court by the
people with reluctance ; it was an experiment then,
which has vindicated itself, and the judges of the
Supreme Court of Illinois elected by the people have
justified the highest hopes of those Avho favored the in
novation. The illustrious names of the men who have
composed the Supreme Court of Illinois are known and
honored by the legal profession throughout the Union.
"The constitutional convention of 1870 adopted many
improvements in the state constitution, and re-enacted
the provision of the constitution of 1848, which deprived
the state legislature of all electoral authority.
"Mr. President, if it was possible, it would be wise to
incorporate in the Constitution of the United States
many of the reforms to be found in the improved con
stitution of Illinois and other states for the protection of
popular rights.
"I ought now to say that in the election of senators
the legislature of Illinois is subject to such criticisms
only as may be fairly directed toward the conduct of
legislatures of other states.
"It is true, that it has been charged at different times
that the votes of members have been controlled by federal
patronage, and instances have occurred where federal ap-

ELECTION OF SENATORS BY THE PEOPLE. 489
pointments were given to members of the legislature
very soon after they had voted for the successful can
didate, and in one memorable case a long struggle in
the state legislature Avas determined by the death of a
member of the house of representatives Avho was a sup
porter of one of the candidates, and the election of a
member who supported his leading competitor.
"It has been charged by one party, and confessed by
the other, that the vacancy was filled by an ingenious
trick practiced upon the very large Democratic majority.
It has never been claimed that the representative from
the thirty-fourth district of Illinois represented the
people of the district, nor has it been denied that if the
people of the district had known he was a candidate he
would have been defeated.
"The vote of the member from the thirty-fourth dis
trict elected one of my most distinguished predecessors.
"And it has 'gerrymandered' the state in the adjust
ment of the congressional and legislative districts, and
for this a remedy seems impossible ; but if the constitu
tion is amended to permit the election of senators by
the direct vote of the people, then the 'gerrymander'
will no longer influence the choice of senators, but will
in that respect at least pass into 'innocuous desuetude.'
"I will not assert, but I confess that I doubt whether
the legislative districts in any state are so adjusted as
to alloAV a fair and just expression of the popular will
in the selection of representatives in either branch of
the state legislature.
"I do not by this intend to assail the conduct of any
political party, for, while states are 'gerrymandered' to
serve the purposes of political parties, other causes have
operated to produce unfair apportionment in state legis
latures. "The president, in his late annual message, called
the attention of congress and the country to one instance
which he apprehends may operate to defeat the popular
will in one of the states in the choice of presidential

490 THE STORY OF AN EARNEST LIFE.
electors. The words of the president are entitled to the
most profound respect, but he knows, as we do, that the
'trail of "the gerrymander" is "over them all." '
"The elections for the choice of presidential electors,
the election of members of the legislature who elect
senators, the election of members of the house of repre
sentatives in congress, are alike influenced and often
controlled by the unfair arrangements of districts.
"If the amendment which I propose is adopted, the
members of the senate of the United States will be
chosen by the direct vote of the free people of the sev
eral states, and will be, what it never yet has been, the
popular branch of the congress of the United States.
"There is one additional consideration to which I call
the attention of the senate. In 1787, the property of
the country was of small value ; in 1892, its value can
not be expressed in terms which can be comprehended by
the ordinary mind. In 1787, it was believed by many
that the security of property would be endangered by
the direct participation of the people in the election of
senators ; now, the rights and liberties of the people
are threatened by the overwhelming and aU-pervading
influence of property. It is not necessary, in order to
make myself understood, that I should assail or de
nounce those who control the enormous aggregates of
either fixed or speculative property ; it is enough to point
to the irresistible logic of existing conditions, the property,
or to use more expressive words, the wealth invested in
commerce, in manufactures, in the railways, the for
ests, the mines, and in the myriad forms of organized
activity, demands legislation for its protection or its
benefit, and its political power, whether employed in the
congress of the United States or in the state legislature,
rarely fails of success. Organized as it is it is so re
lated that it can direct its influence to the attainment of
any desirable end.
"Mr. President, the property to which I have alluded
has uoav nothing to fear from the aggressive action of

ELECTION OF SENATORS BY THE PEOPLE. 491
the people, or from their direct influence upon the gov
ernment. All they can gain by the amendment to the
constitution I have proposed, will be enlarged powers of
self-defense. "Senators to be hereafter elected by the people by
their direct votes will be their true and exact represen
tatives and will defend their homes and their property
from unequal and excessive burdens. They will dignify
the states, for the people are the states. They will
recognize their responsibility to the people who elect
them, and they will find their reward in the approval of
their fellow-citizens whom they have faithfully served."
— [United States senate, February 18, 1892.]
On April 12, 1892, Mr. Chandler, of New Hampshire,
answered the speech just quoted, and I give so much of
his reply as is pertinent :
"Mr. Chandler, of N. H. . . . Mr. President, the
senator's record as a Republican was distinguished. He
was entirely sound on the fifteenth amendment, and
whenever this amendment to the constitution for the
election of senators by the people is adopted, and also
an amendment for the election of president and vice-
president by the people, and it is necessary to enact a
federal election law in order that the fifteenth amend
ment may be obeyed, I am glad to believe that, in view
of the message of the senator which I have in my hand,
Ave shall have his vote therefor. I ask the secretary to
read it as a part of my speech : ' '
The secretary read as follows :
"Executive Dep't.
"Springfield, III., March 5, 1869.
' ' To the honorable speaker of the senate — I have the honor
to communicate to both branches of the general assembly
a copy of the resolutions of congress proposing to the
legislatures of the several states a fifteenth article to the
Constitution of the United States.
"I deem it unnecessary, while performing this act of

492 THE STORY OF AN EARNEST LIFE.
official duty to do more than express my own earnest hope
that the general assembly will at once give voice to the
ardent wishes of the people in expressing the concurrence
of the State of Illinois in this crowning act of statesman
ship. "Illinois owes much of its prosperity and greatness to
the ordinance of 1787, which in addition to the exclusion
of slavery from the territory northwest of the Ohio, took
its place in history by the side of the declaration of in
dependence, as the protest of Mr. Jefferson and his con
temporary patriots against human slavery ; and the
state wliich led in the political contest of 1860, which
gave to freedom its first victory and which was the home
and now shelters in her bosom all that was mortal of the
great martyr, will not hesitate a moment to assent to
this measure of justice, which closes the greatest and
noblest struggle the history of the world has known, and
with 'liberty and union, one and inseparable now and
forever.' John M. Palmer."
"Mr. Chandler. Noble sentiments, Mr. President, ut
tered by a Republican governor, with the excellent mili
tary record of the senator from Illinois. I do not wonder
that the Democratic state committee —
"Mr. Palmer. Mr. President —
"The presiding officer (Mr. Harris in the chair) . Does
the senator from New Hampshire yield to the senator
from Illinois?
"Mr. Chandler. At the end of this sentence : I do not
wonder that the Democratic state committee selected the
senator with whom to originate the popular movement
which was to convert the State of Illinois from a Re
publican into a Democratic state.
"Mr. Palmer. I Avish to state to the senator that it was
not as a Republican governor, but as a man entertaining
my own views. I had my own views. I was not the
slave of any party. I repudiate all claim to any opinion
I have expressed in the course of my lifetime as being

ELECTION OF SENATORS BY THE PEOPLE. 493
the doctrines of any political party. I have thought for
myself and have spoken my own words on all occasions
during my lifetime.
"... That which I characterized as a trick has
been so regarded in Illinois and laughed at and con
demned in Illinois, and I think now there is a dispute as
to who deserves the credit of the trick in the neighbor
hood where my colleague and I live.
"The fact is that the twenty -fourth district, I believe
it is, of Illinois is very largely Democratic. A Demo
cratic representative named Shaw died, and a special
election was ordered. Judge Leiper, of Cass county,
was nominated by the Democrats to supply the vacancy.
The Republican managers made an agreement by Avhich a
man named Weaver, who was an insurance agent, and
who traveled over the district as if he was engaged in
his ordinary business, was to run as a candidate. His
name was not mentioned otherwise than confidentially,
but his supporters turned out in the afternoon of the day
as I recollect the story, and the ballots were deposited
and he was elected . I think Leiper got two hundred votes ,
perhaps, in a district of several thousand ; and Weaver
got three or four hundred. He traveled ostensibly en
gaged in his business as an insurance agent.
"I characterized that as an ingenious trick, and I
think I was justified in doing so. That vote determined
the majority that elected one of my most distinguished
predecessors. "Mr. Chandler. Did the senator mean General Logan
when he said that?
"Mr. Palmer. I did not mention any name, but I
know General Logan was the senator elected.
"Mr. Chandler. You knew it was General Logan's
case? "Mr. Palmer. I did, but I never imagined there was
any malice about it ; nor do I suppose now, as it was a
public matter, that it was a thing about which I ought
to keep silent. It was Ulustrative of the mischief of

494 THE STORY OF AN EARNEST LIFE.
electing United States senators by the votes of mem
bers of the legislature. It was a trick, understood to be
a trick, laughed at by the Republicans as a trick, and de
nounced by the Democrats as a trick.
"Mr. Chandler. It was a popular election.
"Mr. Palmer. A popular election, but a trick, never
theless. "Mr. Chandler. It was not a trick in the legis
lature. "Mr. Gray. Allow me to ask the senator from
Illinois, if the insurance agent, to whom he has re
ferred as having been elected as a Republican repre
sentative, was regularly nominated by the Republican
party? "Mr. Palmer. By no means. It was not suspected
by the Democrats until after it was discovered, late in
the afternoon of election day, that the Republicans were
voting at all. (Laughter.) Their insurance agent had
gone around the district making his arrangements, and
the Republicans turned out to vote in the evening. It
was a revelation to the Democrats. They had been
beaten without knowing that they were opposed. That
is the fact. If my friend can find, in my reference to
that, any evidence of malice toward General Logan,
or any evidence to depreciate his memory, the sugges
tion is supplied by his own mind, and not by mine, nor
by those who heard me.
"Mr. President — The senator from New Hampshire
has very kindly referred to some facts in my own po
litical history. I suppose there is no man in the State
of Illinois whose public life has been more open than
mine, and I suppose there is no man in Illinois who
has been supposed to act more according to his own
will — I was about to say his own convictions — who has
acted according to his own will more conspicuously
than I have. The senator is mistaken in one fact :
General Logan was never an anti-slavery Democrat ; I
was. General Logan went into the army in 1861, some

ELECTION OF SENATORS BY THE PEOPLE. 495
time after I did. General Logan had his own motives
for doing so. I am not called upon to characterize,
and I certainly do not characterize them in an unfriendly
way. He acted according to the convictions of his own
conscience and his OAvn sense of duty, but he was never
an anti-slavery Democrat; I Avas from the beginning.
I think I inherited that feeling. My father voted for
Thomas Jefferson in 1804, I think it was, and I had
been trained in that faith, hostile to slavery. I do not
think I ever in my life, while slavery was an existing
institution, suppressed an expression of my opposition
to slavery.
"When the war broke out, I entered the army early —
went into the army on May 15, 1861, as the colonel
of a regiment, elected by the votes of my neighbors
and those who knew me. I served in the army as
brigadier-general and major-general of volunteers. I
did so from a sense of duty. After the war was over, I
was elected governor of Illinois, upon the basis and
upon the theory of standing by the public faith, paying
the debt incurred by the war in gold. I was in favor of
such legislation and amendment of the constitution as
would secure the results of the war. I was open and
outspoken, and I have taken nothing back yet.
"In 1872, after the Republican party had adopted
the heresies of the old Whig party, I refused to go with
it. In 1860, when the Republican party was organized,
it was not a protective-tariff party, and Mr. Blaine says,
in his most admirable book, that the protectionists came
into the war for the sake of protection — in substance,
without any feeling, without any sympathy with the
anti-slavery party ; and, when the Republican party
adopted all the fallacies of the Whig party, I separated
myself from it, and voted for Mr. Greeley, upon the
principle — a very ludicrous principle now — that the sub
ject of tariff should be referred to the people of the re
spective congressional districts.

496 THE STORY OF AN EARNEST LIFE.

CHAPTER XXX.
Opposed the Pure Food bill — Favored pensions for judges of the supreme
court — Opposed the Indian bill — Homestead speech.
I opposed the "Pure Food" bill introduced by Mr.
Paddock, of Nebraska, but avowed my readiness to vote
for any bill which should be for the purpose of regulat
ing the commerce in food products and drugs between
the several states and territories of the United States.
I said, and I repeat, that "to the extent this bill goes
beyond its declared object, it is objectionable. In some
of the states it has been found necessary — in the State
of Illinois — I think probably in the improved constitu
tions of all the states, it is required, that the object of the
bill must be set out in its title, and in some of the states
it has been held that so much of the bill as is not em
braced in its title is void. . . . Now, I think, if I tell
the senator from Nebraska that I am for all of his bill
which I believe regulates commerce between the states
in respect to food and drugs and am for all that is
auxiliary to that purpose, I think I act in good faith.
But if the senator thinks that I am bound to accept this
bill with all that is irrelevant to its object, that I ought
to submit to unconstitutional enactments to prove the
sincerity of my declaration that I favor his bill, I can
only say that I must submit to whatever censure he
chooses to impose upon me."
... I favored an appropriation from the treasury for
the meeting of the "Grand Army of the Republic," in
Washington, and said: "Let them come, old men that
they are ; they will be here but a little time longer.
Time is dealing with them, their heads are gray, their
limbs are palsied, and they will desire to come for the
last time to visit the capitol of their country which has

OPPOSE CERTAIN BILLS— HOMESTEAD SPEECH. 497
grown so much since the great hours of sorrow that
spread over the whole land."
. . . I voted for pensions for the judges of the Su
preme Court of the United States for this reason, as I
have stated it : "I have witnessed the struggle between
poverty and a desire to discharge duty, until I have the
utmost sympathy for the men Avho engage in it. I have
known judges of eminence to become involved in specu
lations ; a great lawyer is not likely to have much money
saved. I believe there are exceptions, but as a rule
they are not remarkable for their money keeping ca
pacity, and I have known them to become involved
in speculations that would not have been very at
tractive to men of experience. I have witnessed the
struggle, and I should be glad to see the principle
adopted of paying a judge such salary in presenti and in
future, as would enable him to feel that he had his life
work upon him, and that he might feel relieved from
those anxieties that attend men as they grow old, with
the consciousness that their physical and mental facul
ties too are not as they were at an early period of their
lives. ... I desire that the judge shall feel that
whatever the duties of the place are, he shall have none
of the temptations to engage in business or distract his
thoughts. . . ."
March 18, 1892, I opposed the bill reported by the
committee on Indian affairs, placing the Indians under
the control of the war department, and said :
"It is exceedingly strange to me that during the
centuries that have passed since the Indians were a war
like people, they should have been entrusted to the care
of civilians, and now that they have become broken, a
mere fragment of their tribal relations existing, it should
be proposed to turn them over to the army. One would
suppose that we had reached a point where they would
be the most proper subjects for a civil control. I have
great respect for the officers of the army, but I have
32

498 THE STORY OF AN EARNEST LIFE.
never supposed that their education fitted them for the
particular features of care that the Indians require as
they have been particularly described by the senator
from Oregon (Mr. Dolph), and others who have at
tempted to describe them. What is the exact condition
of the Indians to-day, as we understand it? I speak in
general terms. They have been driven from nearly all
the fertile lands upon the continent. They were first
driven from the Atlantic to the mountains in this direc
tion, and the people of Oregon and other Pacific states
have driven them east towards the mountains ; they are
feeble, while they have gained something in civilization,
they have lost very much by civilization. And at no
time in the history of the race, have they so much re
quired that peculiar care which can be given by intelli
gent men and women as they do now. ... I have
no patience with any form of argument which places
this subject upon the pure and simple ground of
economy. It is easy for gentlemen to say that the
Indian ought to work, that they should be made to work.
All that is easy generalization, a very simple thing, but
here is this race in its present condition. ... I
am not disposed to enter into any nice discussion as to
what they ought to do, or how much they may be made
to do. I am insisting upon treating them as they are
to-day, and have been made by our policy. Treat them
as they are, feed them. . . . After feeding them, or
in connection with feeding them, care for them.
. . . "Mr. President, I know of but few things
more pitiable, whether applied to young children or ap
plied to 'children of a larger groAvth,' like the Indians,!
than subjecting them to the perpetual drill of military,
rule. The senator speaks of the advantages of evening
schools, post schools, the canteen and other methods
by which the simple, everlasting treadmill of discipline
may be enforced. It is the most cruel system of gov
ernment. It is like shutting children up in some of our
charitable institutions and compelling them to go through

OPPOSE CERTAIN BILLS— HOMESTEAD SPEECH. 499
the drill every day. ... I protest, therefore, that
whatever may have been the necessity heretofore in
placing the Indians under the control of the army, the
day for it has passed. They should be under the control
of intelligent, humane men and women, that the influ
ence of both may be brought to bear to humanize, civ
ilize and elevate them. . . . The buffalo has gone,
the Indian will go. ... I suppose men who have
been with civilized armies have seen brave men, civilized
men, maddened by hunger. For I have never seen the
man with a musket, or the man who had power, die with
hunger, when food was within his reach. ... I spoke
and voted for a measure authorizing the people of Arizona
to fund their bond issue in gold. . . . I opposed the
bill in reference to the Chinese immigrants, by which it
was proposed to exclude Chinese from testifying ; and
voted for the prosecution of the claims of the government
against the Pacific Railroad. ... I said in a debate
on May 4, 1892 : "The United States, in the first instance,
established homes where men were isolated. It also es
tablished 'Soldiers' Orphans' Homes,' where the children
were isolated. It has always been thought that an ex
periment that would authorize any of the states to col
lect and employ and educate the families of certain
classes of soldiers and sailors would be a wise experi
ment, and would probably lead to the solution of the
difficulty which we have all experienced. We have a
large 'Soldiers' Orphans' Home' in Illinois. I have al
ways felt the embarrassment of separating these children
from their surviving parents and from their home asso
ciations, and caring for them in the sort of semi-military
way that is necessary in the homes. For several years
I had the honor of being one of the managers of the
national homes. At Dayton, where there are many thou
sands of soldiers, I found a difficulty almost incurable in
the separation of soldiers from their families and from
home associations. When I saw this proposition, to
lend to the State of Kansas, that the state may with its

500 THE STORY OF AN EARNEST LIFE.
own resources make the experiment of bringing soldiers,
decrepit old men and their families to a home, where home-
life can be enj oyed by these old men , I was glad . I know of
but very few things more pitiful than the necessity that
separates an old man from his family, and in order to en
joy the benevolence of the government, to abandon the
care of those whose care would be so precious to him.
In this proposition, an opportunity is given to the State
of Kansas to make the experiment of caring for these
old men and their old wives, and in bringing them to
gether, and promote the happiness of all. My remarks
had reference to Fort Hayes reservation, which in
cluded two and a half sections of land."
On the subject of giving an American registry to
British ships, I said : "I have listened with admiration
to the brilliant picture drawn by the senator from Maine
(Mr. Frye) , and if my imagination was not somewhat
chilled by age, probably, or by remoteness from the
ocean, I should sympathize with him, but it promises
too much good to the country. There is too much
offered by these patriotic citizens to justify at least not
speedy and sudden action upon this bill. If the state
ments made are true, might not some general law be
prepared which would allow other patriotic men to in
dulge their passion for the flag? Why limit it to these
two ships? Are there not others afloat which would de
sire also to bear the flag ? Why should the privilege be
conferred only upon the owners of these two ships ? .
. I favored an appropriation for the World's Fair at
Chicago. ... I opposed a bill which had for its
object the enforcement of treaty rights, upon the ground
that it referred to the statutes of the states, and said :
"The United States is a unit in its relation to foreign
countries, and the statutes of states are local, and are re
ferred to here merely for the purpose of ascertaining
what law is to be employed. It is equivalent to saying
that there shall be the United States as one whole
body of the country, and this is to establish forty -four

OPPOSE CERTAIN BILLS— HOMESTEAD SPEECH. 501
different rules in the same territory. I imagine the
United States has no power to pass a law that shall op
erate differently in forty-four different districts of the
same country. ... I introduced a bill to increase
the pension of Andrew McKee. It proposes to place on
the pension roll the name of Andrew Franklin, alias
Andrew McKee, late a private in Captain M. Arm
strong's company of Ohio militia, from August 22, 1812,
to February 22, 1813, and from July 28th to August 18,
1813, in the war of 1812, and to pay him a pension of
fifty dollars per month, in lieu of the pension he is now
receiving." Mr. Cockrell asked for the reading of the report. I
said, in the debate on the report : "The case is a most
remarkable one. At first, it impressed me to some ex
tent as it has the senator from Missouri, but, upon in
quiry, I find that this man is, from all the evidence, at
least a hundred years old. The fact that he performed
services in the war of 1812 is about as conclusively
sliOAvn as any matter of that kind can be. He is poor
and a man of unblemished character. His wife is also
of a very great age, and they have no property. I
thought the case was so remarkable that it was proper
the amount should be increased to the amount named in
the bill.
"It cannot be a precedent, because precedents of a man
and his wife living to that great age together can be
rarely found, and that this old soldier of the war of 1812
should have a moderate pension for the very few years
that remain to him and his wife makes it, as it seems
to me, something more than an act of charity. It rises
to the very domain of patriotic justice." (The bill was
passed, and the old man got his pension.)
. . . I took part in the Homestead debate, and de
livered the following speech. It was on a proposition to
inquire into that affair :

502 THE STORY OF AN EARNEST LIFE.
"United States Senate, July 7, 1892.
"Mr. Palmer. Mr. President, I did not understand
the proposition of the senator from Maine until this mo
ment. I now understand that the purpose of the refer
ence is to supply means for the investigation of the cir
cumstances of the affair at Homestead. I beg to say
that the suggestion, therefore, is in the line of the pur
pose I have in view. But, before the subject passes
from the attention of the senate, I beg to make a few ob
servations. "I am quite satisfied that merely to deplore this con
dition of things falls very short of what must be the
duty of some department or departments of either the
federal or state governments. We are confronted now
with this labor problem in its most impressive form.
"This very large establishment of the Carnegie Com
pany, which, I understand, has some $25,000,000 cap
ital behind it, or invested in its enterprise, employs
some five thousand men, I believe, and upon these five
thousand men there are dependent many thousand
women and children who depend upon the proceeds of
the labor of those men for support. I understand that
the Carnegie Company have determined that there shall
be changes in their methods ; that there shall be a dif
ferent rate of compensation paid hereafter for certain
kinds of labor, and that the contracts shall end at an
other time of the year, and that they make those con
ditions peremptory and absolute — the reductions of wages
and the difference in the termination of the period of
the contracts. It is also true that they have, in the ex
ercise of Avhat they claim to be their clear right, at
tempted to bring a large military force to their estab
lishment — a military force which has a knoAvn and recog
nized existence in this country. The army raised and
commanded by the Pinkertons is as distinctly known in
this country as is the regular army of the United States.
It is not a new thing ; I am astonished to find that it
excites surprise now. For years that force has existed ;

OPPOSE CERTAIN BILLS— HOMESTEAD SPEECH. 503
its number is not always the same. The commander-in-
chief of this army, like the barons of the middle ages,
has a force to be increased at pleasure for the service of
those who will pay him or them, and they have been
employed in many places in many states of the Union.
They have been employed in NeAV York, and have shed
the blood of citizens of that state. They have been em
ployed in Illinois, and have shed the blood of citizens of
Illinois. At other points in the United States, they
have been employed. This company claim not only the
right to regulate their own business in their own way,
but they claim the right to fortify their position and the
right to introduce this armed force within their fortified
lines. They claim a right to a free passage from their
armed boats on the Monongahela river into their fortifi
cations ; and, hence, this struggle, this battle, because
battles are not necessarily conflicts between armed men
organized by proper authority, and there was a battle
between the men who supposed they had a right and
this armed force of mercenaries raised and organized by
the owners of this establishment.
"Mr. President, in making this statement, I confess
I have given no information to the senate. We know
what the facts are. It is claimed on one hand that the
citizens fired on the mercenaries, and it is claimed on
the other hand that the mercenaries fired first upon the
citizens. It is not very material, to my mind, who fired
the first shot.
"These are men who were taken there for the purpose
of battle, a contingent purpose, I confess, but for the
purpose of shedding the blood of these people if they
stood in their pathway.
"But even when that statement is made I have done
but little towards reaching a solution of this question.
What I desire from any committee of the senate will be
not to tell us the story of this outrage, nor is it material
whether the blame for the present condition is cast upon
the Carnegie Company or not. It is simply because

504 THE STORY OF AN EARNEST LIFE.
they are representatives of new conditions of society.
It might have happened at any one of a hundred places
in the United States where large numbers of men are
employed in the service of these enormous manufact
uring establishments. It may happen anywhere. It
may occur in Illinois, or in New York, or in Pennsyl
vania, or in Ohio. Anywhere it may happen, because
in the nature of things these interests oppose each other
up to the extent that I shall describe.
"I speak of the Carnegie Company merely because it
happens for the time being to be an actor in these
things. It is claimed for them, and by them, that they
have an absolute right to the management of their own
property ; that they are not bound to listen to the sug
gestions or the wishes of any third person ; that the
men who have toiled with them for years have no voice
whatever, have no interest in the establishment, have
no right, and only speak by the permission of those who
employ them. That is the broad statement of property
rights in the Carnegie Company.
"The men, who resist, claim that they have some
rights, because if it is true as a matter of law, and if it
is to be regarded as true in a political sense, that these
4,500 men were simply trespassers there, then of course
it must be very difficult to condemn the Carnegie Com
pany, except as to the manner in which they assert their
rights. It may be said that it was menacing and in
sulting that they should organize this force in contempt
of public authority, because for a private citizen to at
tempt to enforce his own rights, however clear they
may be, in disregard of the agents of the law, is a con
tempt of the law ; and this attempt to maintain their
rights by the aid of an organized force was a contempt
of the State of Pennsylvania. The manner was men
acing and insulting. To advance upon a peaceful, quiet
city in the manner I have described was an insult to the
people who were there.
"Mr. President, it is difficult for American citizens,

OPPOSE CERTAIN BILLS-HOMESTEAD SPEECH. 505
whether they are in the right or in the wrong, to submit
to be driven by an armed force. I confess that every
impulse of my mind tempts me to feel that I should
dislike being driven, even though I might be in the
wrong, by a person who might happen to be in the
right. "I will not discuss that question. Something more,
however, must be claimed for these men. I maintain —
and I ask the attention of the committee on education
and labor, if that committee shall be instructed to in
quire into this matter — that these citizens were right.
I maintain, according to the law of the land — not as the
law is generally understood, but according to the prin
ciples of the law which must hereafter be applied to the
solution of these troubles — that those men had a right
to be there. That makes it necessary for me to assert
that these men had a right to employment there, they
had earned the right to live there, and these large manu
facturing establishments — and there is no other road out
of this question — must hereafter be understood to be
public establishments in the modified sense which I will
explain in a moment, in which the public is deeply in
terested, and the owners of these properties must here
after be regarded as holding their property subject to
the correlative rights of those without whose services
the property would be utterly valueless. That con
cession which I make only concedes to them a right to
a reasonable profit on the capital invested in their enter
prises. I maintain, furthermore, that these laborers,
having been in that service, having been engaged there,
having spent their lives in this peculiar line of service,
have a right to insist upon the permanency of their em
ployment, and they have a right, too, to insist upon
a reasonable compensation for their services.
"We talk about the civil service law as applicable to
government employment. I assert that there is a law
wider and broader than that which gives to those men
who have been bred in these special pursuits, as, for

506 THE STORY OF AN EARNEST LIFE.
example, in the service of railroads, or of those vast
manufacturing establishments, a right to demand em
ployment, a right which can only be defeated by miscon
duct on their part.
"I maintain, therefore, that at the time of the assault
upon these people at Homestead, they were where they
had a right to be ; they were upon ground they had a
right to defend. Do you ask me if these men may by
force take possession of the property of another? No.
They were conducting themselves in the line of their
rights as I understand them. Business was suspended
and these men were simply awaiting the settlement of
the disputed questions between themselves and their em
ployers. Mark me. I maintain the right of owners of
property to operate it at their will ; I maintain the right
of operatives to assist in its operation ; I maintain the
right of both parties to reasonable compensation for their
services ; I maintain the right of those laborers to con
tinuous employment, dependent not alone upon the will
of their employers, but dependent upon the good conduct
of the employes.
"Mr. President — this is the only road out of the diffi
culty. You may call out the militia of the State of
Pennsylvania, and you may exterminate all the inhabit
ants of that beautiful and thrifty village, and what is
done ? Human life has again been sacrificed in one of those
struggles for human rights. Do you establish the right
of these large establishments to control their business?
On the contrary, the laboring men of the country, so
conscious of this right which I assert, the right to con
tinue in employment during good behavior, will continue
to resist, and this social war will be upon you and it be
comes the duty of Christian statesmen, Republican
statesmen, to find some road out of this difficulty.
Within my lifetime I have seen marvelous changes.
There was a time when individualism was the uni
versal rule and men lived alone because they could
support themselves ; but matters have changed. To-day

OPPOSE CERTAIN BILLS— HOMESTEAD SPEECH. 507
the world is practically diAdded between the employers
and the employes. I do not take into account those
neglected agricultural districts, those farm laborers for
whom nobody seems to care, for in all the discussions of
tariff policy we have had, nobody ever speaks of the toiler
upon the farm. We speak of organized labor, and skilled
labor, but when we come to talk about the white or the
black men who toil upon the farm from the rising of the
sun until the going down thereof, and speak of the influ
ence of legislation upon these men, we do not regard
them. If we pray for them, we pray for them very
much the same as Brougham said the Queen was prayed
for, for the desolate and the oppressed ; if we legislate,
they are not regarded. But this organized labor is power
in the state. You must regard it ; you must adjust
their interests.
"How can you adjust it? You cannot do it by assert
ing, which I admit to be true, that every man has a
right to the control of his own property in his own way ;
or, if a man does not like to go to work for the Carne-
gies, he may go to work for somebody else. You cannot
settle it in that way. You cannot settle it by saying
that Mr. Carnegie has a right to employ whomsoever he
pleases. Those are old truisms which have no applica
tion in this changed condition, when organized capital fur
nishes us all that we have ; it furnishes us our food ; it fur
nishes all our clothing ; it furnishes our physicians ; I be
lieve now it is furnishing our lawyers ; and it is said that
it has furnished us our legislators sometimes, although
that is a slander which I am not disposed to indorse.
"That being the case, you have got to find some way
out. You cannot admit the absolute right of capital ;
you cannot admit the absolute right of labor ; you have
got to adjust their rights upon some basis. What is it?
"That a manufacturing establishment is a public in
stitution, as the railroads are held to be public, because
they work for the public ; public, because they employ
the public ; public, because men employed in their ser-

508 THE STORY OF AN EARNEST LIFE.
Adce become unfit for other services, and public, because
there are thousands dependent upon them for food and
nurture. "Thus we have recognized the right of the capitalist
to control his property, and his right to a reasonable re-
Avard for his investment, and we claim for the laborer
the right to permanent employment during good be
havior, though he is certainly compelled to submit to
the changes of business. Where the profits are small,
the parties must divide the loss ; where the profits are
large, the profits must be divided.
"That is the exact condition; that is the law to-day,
as I maintain, because the law is the perfection of rea
son, and Ave have seen the law built up step after step.
I recollect, in 1869, 1 Avas compelled to hold that the legis
lature of Illinois had no right arbitrarily to fix the rates
of carriage of passengers by railways, and was com
pelled to hold that the railway companies had no arbi
trary right to fix them, but that it was a matter of rea
sonableness on both sides. It was then claimed by
the railroad corporations that their rights were abso
lutely uncontrollable. The same principle must now be
applied to the solution of these troubles. These parties
are now confronted on the banks of the Monongahela
river. Whether the battle is going on to-day or not I do
not know, but we have heard the report that the lives
of American citizens have been lost in the battle. It
will go on. I invoke this committee ; I invoke this
senate, if it shall appoint the committee at all, to let
the committee have such powers as will allow them to
look into the very heart of this question. It is a re
proach to our civilization that this senate and country —
perhaps the senate has no control over it beyond investi
gation — stand here now witnessing these two armed
forces in battle array, and we confess we have no power
except to inquire. Why inquire? What is the use of
asking the bloody story to be recited if there is nothing
to be done ? If this war is to go on forever, why med-

OPPOSE CERTAIN BILLS— HOMESTEAD SPEECH. 509
die Avith it? Let it be solved as it may, you must find
some principle by which this thing can be done.
"You cannot ask these laborers to become slaves,
because if it is true, as claimed by some, that capital
ists have a right to hold over the heads of their em
ployes threats of dismissal at their pleasure, American
freedom is gone, and the vote will be cast by the master
who holds the bread of the slave. You must give to
the voter, if you mean that he shall be independent, a
fixity of embloyment, so that he may defy the employer,
and say to him : 'My tenure depends, not on my vote,
but my tenure depends upon my good behavior, upon
my fidelity, my honesty, my industry and not upon my
vote.' If some solution is not found in that direction,
this army of employes will be controlled by the em
ployers, and there avUI be established an aristocracy
more terrible than exists in any free country, and this
nobility of wealth will become our governors.
"But I may be asked: Shall these men lose their
property? By no means. They shall hold their prop
erty subject to this public obligation, and in that alone
we shall find the solution of this labor trouble. Cap
ital and labor are confronting each other now. What is
the condition ? The employer attempts to control his prop
erty by force. Whyisthatso? Because American gov
ernments , federal and state , have neglected their duty . We
have stood upon this volcano, and now we perceive the
eruption, and it will occur constantly. These men are
holding their position, as I maintain, rightfully, because
they have a right to employment on reasonable terms.
What, then, is the fault of the government? The govern
ment has as yet furnished no agency by which their contro
versies can be adjusted, and until that is done, this blood
is upon the hands of every government, state and fed
eral, until they have exhausted all the resources of rea
son and experience in finding some mode of avoiding
these troubles. We may talk about the effect of these la
bor troubles politically. I find myself quoted, Mr. Presi-

510 THE STORY OF AN EARNEST LIFE.
dent, as having spoken of the influence of these troubles
upon the presidential election. If I said anything on
that subject to the reporter who interviewed me, I con
fess it was an utterance that ought not to have been
made, for when we stand in the presence of these perils —
for they are perils, and the firing on this boat may be
the beginning of a civil conflict, we cannot tell — I say,
to speak of their effect upon the near approaching elec
tion, is little short of a crime. I hope the committee
on education and labor, if the resolution goes to that
committee, will feel that when they furnish the senate
with a history of this transaction they have performed
a work of supererogation. They ought to furnish the
senate with some principle or rule by which these con
troversies can be settled ; because, if it is true that they
cannot admit of settlement, if there is no rule of rea
son which can be applied to their solution, then they
must be fought out. Either capital will be master, and
the people slaves, or the people of the country will be
involved in anarchy, and capital destroyed.
"It cannot be in this country that, with the reason,
the patriotism, the Christianity and inteUigence which
characterize our people, we shall fail to find some so
lution of this trouble. I have indicated the only road
out of the difficulty which has yet occurred to me."

DEFENDS THE DEMOCRATIC PLATFORM. 511

CHAPTER XXXI.
Correspondence with the secretary of the treasury — Defends the Demo
cratic platform — Condemns the tariff — Opposes licensing dealers in
options — Speech on the repeal of the purchasing clause of the
" Sherman Act."
On July 12, 1892, I asked "consent to lay before the
senate for publication in the ' Record' a very brief cor
respondence with the secretary of the treasury and di
rector of the mint in reference to silver. I ask that the
correspondence be read and printed in the 'Record.'
It is very brief."
"United States Senate, Washington, D. C.
"July 2, 1892.
"Sir — I have the honor to request information upon
the following points : 1. What number of the standard
silver dolors of the coinage of the United States are ac
cording to the treasury estimates now in circulation?
2. What number of standard silver dollars of the United
States are now in the treasury? 3. What number of
troy ounces, or avordupois pounds of silver bullion pur
chased with silver or coin certificates are now in the
treasury? 4. What length of time would it require with
the present facilities of the mints of the United States to
coin all the silver bullion in the treasury purchased with
silver or coin certificates, into standard silver dollars ?
5. What number of standard silver dollars at the present
legal ratio would the silver bullion in the treasury pur
chased with silver or coin certificates, produce if coined?
"I am aware that information upon some of the points
presented by the foregoing questions, is now in the pos
session of the public, but I desire an official statement

512 THE STORY OF AN EARNEST LIFE.
from the treasury department which will cover the
points in the order above stated.
"Respectfully, John M. Palmer.
"Hon. Chas. Foster, Secretary of the Treasury."
"Treasury Department, Bureau of the Mint,
"Washington, D. C, July 11, 1892.
"Hon. Chas. Foster, Secretary of the Treasury.
"Sir — I have to reply to the inquiries contained in
your letter of the 2d inst., as follows :
"1. The number of standard silver dollars in circula
tion, July 1, was $56,779,484.
"2. The number of silver dollars in the United States
treasury, July 1, was $357,189,251.
"3. The amount of silver bullion purchased under
act of July 14, 1890, in the treasury, July 1, was 78r
933,000 troy ounces of fine silver, or 5,412,548 avordu-
pois pounds.
"4. With the present facilities of the mint of the
United States, it would require nearly two and one-half
years to convert this bullion into silver dollars, doing
no other coinage. The bullion now in the treasury pur
chased under the act of July 14, 1890, would coin one
hundred and two millions fifty-five thousand standard
silver dollars. Respectfully yours,
"E. O. Leach, Director of the Mint.
"Hon. John M. Palmer, U. S. S."
Which led to a debate in which I took no part. . . .
After some badinage with the senator from Maine (Mr.
Frye) in regard to the enforcement of the Maine liquor
law, I said :
"Mr. President— I reply seriously to the senator from
Maine. The laws of the State of Illinois prohibit the
opening of the saloons on Sunday. It must be re
membered that Chicago, like all large cities, is cosmo
politan. It has not been found possible to enforce the
laws against the sale of liquor on Sunday. I do believe,

DEFENDS THE DEMOCRATIC TLATFORM. 513
however, that in the state where we have local option,
the laws forbidding the sale of liquors are as well en
forced as they are in the State of Maine. I believe it to
be true that they are enforced as well as they are in the
State of Kansas or in the State of Iowa. In Chicago, I
confess, the laws against the sale of liquors have not been
enforced, and they will not be enforced, probably until
the regeneration of human nature.
"If the Sunday laws could be enforced in Chicago
against the sale of liquor there might be less said in
support of my views. I believe that it would be ad
visable, that it would promote morality to open the
exposition on Sunday, so as to allow persons to enter,
to see and to enjoy all that is to be seen. There are
gentlemen who talk about the American Sabbath. Mr.
President, I reverence American institutions ; I have
no eagerness to adopt anything foreign, but I do believe
that American sentiment has undergone a change under
the influence of broader views of individual rights.
New England sentiment at one time actually required a
very close observance of Sunday, but that was the des
potism not of God but of the church ; and it is a remark
able fact that in another portion of the Union, where
more liberal views were indulged, the morality of the
people was as complete and as perfect as it was in New
England. "It is said by a late writer, 'that it is very remarkable
that in New England where theoretically popular rights
are most regarded, the government was most despotic ;
while in another quarter, where aristocratic ideas were
to some extent recognized, actual personal liberty was
better protected than in New England.' The change
has taken place, and we cannot resist it. We may
speak of the 'American Sabbath,' and it deserves rever
ence, but it is for me to revere the Sabbath, and it is not
for me to impose upon another that obligation. There
is the distinction I make, and hence the law of Illinois
33

514 THE STORY OF AN EARNEST LIFE.
is-, I maintain, right in principle and right in its appli
cation, that 'whoever disturbs the peace and good order
of society by labor (works of necessity and charity ex
cepted) or by any amusement or diversion on Sunday
shall be fined not exceeding twenty-five doUars. Who
ever shall be guilty of any noise, rout or amusement on
the first day of the week, called Sunday, whereby the
peace of any private family may be disturbed, shall be
fined not exceeding twenty-five dollars.'
"That I maintain to be the just limit of the power of
the state to enforce Sunday laws. ... I took part
in the debates upon the power of the courts of law to
enforce specific payments in gold and denied their right
to do so. . . . I said in the debate upon the Home
stead question :
"Mr. President, the world has been governed very
much by the jingle of words, and no word has jingled
more frequently and more fallaciously than the word
'protection,' that is so often vaunted in Republican
platforms and Republican publications. How is it now?
We are told that the tariff on wool was demanded by
the Ohio wool growers, by what has been so aptly
termed the 'ram growers of Ohio that they demanded
protection.' According to reports it has not benefitted
them ; but in Illinois and Iowa, where a different kind
of wool is produced, it has declined steadily since the
passage of the McKinley act.
"In 1890, I speak now of matters within my personal
knowledge, having some connection with the peculiar
wool growing interests of Illinois, wool was sold, such
as we produced, at twenty-six cents in the fleece.
"In 1891 the same crop was sold at twenty-four cents. *
In 1892 the same clip from the same sheep, with such
additions as have been added by mere growth, sold at
twenty-one cents a pound. Now, the promise was that
wool in common with other wool would advance as
the result of the McKinley tariff. We were promised
an advance on our farm products ; wheat we were told

DEFENDS THE DEMOCRATIC PLATFORM. 515
would advance. The domestic markets we were told
would advance. The condition of prices in the west is
an answer to that promise. It has not been fulfilled.
. I know of one farm product upon which there
was a very large duty. I do not know that I ever felt
more humiliated than in 1888, in witnessing the prac
tical operation of the duty on potatoes. I was in the
town of Sycamore, in the northern part of the State of
Illinois, one of the most intelligent communities in the
state. I stopped with a friend (Mr. Boynton) whose
views were very pronounced. He said, 'Come here, let
me show you something.' I saw an Irish laborer travel
ing from store to store, and the potatoes he bought had
upon them a duty of twenty-five cents a bushel. My
friend said, 'What a tariff this is that never operates
except in time of famine ! '
". . . On July 27, 1892, I opposed a bill for
licensing dealers in options, and said, among other
things, 'I put the question to the senator from Minne
sota or Oregon, can congress define and punish gambling
in the states ? Does not this bill define that which is
gambling, and does it not seek to suppress and punish
it? Can congress then acquire jurisdiction by selecting
a constitutional mode of doing an unconstitutional
thing? It is a possible conception to a lawyer that by
the mere choice of the manner of doing it congress may
acquire the power of doing that which it could not do
directly. ... In Illinois we have a statute which
is rigid enough, and if it were enforced would suppress
this evil within the limits of that state.
"Mr. President, I have no embarrassment in regard
to my position on this measure. During my canvass for
senator in Illinois, I was asked publicly by a body which
claimed to represent the farmers of Illinois, whether I
would vote for a bill like this, and by a public letter, or
a letter which was published, and by speeches the vari
ous parts of the state, I said, 'No.' The option clause
of the first section of the bill is much less satisfactory

516 THE STORY OF AN EARNEST LIFE.
and comprehensive to my mind than the statute of Illi
nois on the same subject. We have in that state a well-
considered statute which covers all and much more than
the first section of this bill.
"The statute of Illinois does not attempt to define op
tions, but it is assumed in the statute that the word
'options' is one that has a known legal signification, and
dealing in 'options' is prohibited, and is punished, in
addition, by adequate fines and penalties. I, therefore,
said to those who asked me, that, there being a law in
the state, a careful, well-considered statute, nothing more
could be gained by legislation.
"It was said to me by gentlemen who differed with
me, that the 'law of Illinois was not thoroughly en
forced.' I admitted that to be true, and I said, and say
here, that 'it is not wise to enact laAvs simply to be dis
regarded.' I apprehend that this proposed law would,
like that, be disregarded if it were free from any consti
tutional objection.
"I regret, Mr. President, this disposition on the part
of the people, for it was with them, and a disposition
which I find echoed by their representatives in the states
and in congress to multiply criminal or penal statutes.
It may be said, and it seems contradictory, too, to say
it, that the enactment of a law which public opinion
will not sustain and enforce is of itself demoralizing.
The example of the disregard of law is of itself an evil.
Legislation, in my judgment, to be wise, must be but
the mere expression of the public will, and supported by
the public conscience. If we are to believe the reports
we have through the press, option dealing in most of the
large cities is regarded as absolutely free from offense.
I regret that it is so, but it is the case ; and, while that
state of public sentiment exists, it seems to me unwise to
multiply mere formal declarations, and frequently laws
of that sort are passed in the state and in congress from
a mere suspicion that they are demanded by the people,
Avhen really they are not.

DEFENDS THE DEMOCRATIC PLATFORM. 517
". . . I will read the first section : 'That, for the
purposes of this act, the word "options" shall be under
stood to mean any contract or agreement whereby any
party thereto, or any party for whom or in whose behalf
any such contract or agreement is made, acquires the
right or privilege, but is not thereby obligated to deliver
to another or others, at a future time, or within a desig
nated period, any of the articles mentioned in section 3
of this act.' As I suppose, contracts precisely such as
are defined in this section are unknown in commerce,
are valueless ; it would do no harm and no good. The
'options' of the books and the laws are contracts for the
sale and delivery of articles at a future time, with an
express or implied agreement that the articles are not to
be delivered according to the contract, but that the differ
ence between values at two periods, the time of the sale
and the time of the supposed delivery, are to be ad
justed by the parties. Those are the options of the text
books. ". . . No Democratic convention would hold that
congress might take jurisdiction of the whole police
power of the state by professing to license that which it
is intended to prohibit. We would never consent that
congress would adopt Parisian legislation by requiring
a license which might prohibit them. We should never
expect a Democratic senate to favor a system of licenses
directed to all the crimes and prohibit them by excessive
taxes." I took further part in the debate upon the bill licens
ing options, which is omitted.
I discussed a measure that contemplated a national
quarantine. ... I opposed a bill for the relief of
Wm. McGarraghan. The bill proposed to refer this
claim again to the courts . I remarked : I came into the
senate without any opinions in regard to this claim. It
is obvious that the bill legalizes evidence that will insure
an award against the United States. I think I can see
that the bill formulates a state of facts which will make

518 THE STORY OF AN EARNEST LIFE.
it the duty of the court to allow the claim of McGarra
ghan. I observe that the bill carefully removes out of
the way a large number of judicial decisions or findings
if they stand in the way of the claim, so that the bill
first removes out of the way every legal obstruction to
to his claim, and formulates evidence which will insure
an award in his favor.
The section that provides that "the United States
shall also indemnify him for any mineral or valuable
substance whatever, extracted from said lands by any
person or corporation other than the said William Mc-
Garrahan, and if said court shall find that said William
McGarrahan is, or was, entitled in law or equity to the
minerals or valuable substances in or under said lands,
it is made the duty of the court to ascertain the value,
and the United States is required to pay." I argued
further that no one had undertaken to say what responsi
bility would be imposed upon the United States. . . .
I advocated the use of "couplers" on cars. ... I
advocated the issue of bonds to raise money to maintain
the reserve.
On August 7, 1893, the president convened a special
session of congress to consider the repeal of the "pur
chasing clause of the Sherman act." On August 22d, I
delivered the following speech :
"Mr. President, it has been said on this floor that every
Democratic senator present at the time, voted against the
passage of the act of July 14, 1890. The Chicago con
vention, in terse and vigorous language, denounced the
measure and demanded its repeal, and the presidential
candidate nominated by that convention and elected by
the people of the United States, concluded his last mes
sage to congress, saying: 'I seriously recommend the
prompt repeal of the act passed July 14, 1890, authoriz
ing the purchase of silver bullion, and that other legis
lative action may put beyond all doubt or mistake, the
intention and the ability of the government to fulfill all

DEFENDS THE DEMOCRATIC PLATFORM. 519
its pecuniary obligations in money universally recog
nized by all civilized countries.'
"Thus it will be seen the act of July 14, 1890, was op
posed by all the Democratic senators when it was passed,
was denounced by the national Democratic convention in
1892, and the president, acting in the strictest accord
ance with the declaration of the convention, impressed
with the measureless evils inflicted upon the country by
the measure, has convened the congress in which the
Democratic party has complete ascendancy, and urges
upon that body the 'prompt, repeal of the provisions of
the act of July 14, 1890, authorizing the purchase of
silver bullion.'
"This manifest concurrence of Democratic opinion
would seem to justify the expectation of the country that
the so-called 'Sherman act,' or at least its objectionable
parts, would be repealed at once after the meeting of
congress, and the business of the country relieved from
evils so forcibly depicted by the president.
"The expectation of the early repeal of the provisions
of the act that authorizes the purchase of silver bullion,
was before the meeting of congress, so firmly fixed in the
public mind that the people of the country, who are suf
fering the evils brought upon them by this vicious legis
lation, expected that congress would act at the earliest
moment for their relief. They expected that a Demo
cratic congress would promptly respond, in the spirit of
the Democratic platform, to the urgent recommendation
of a Democratic president, and repeal the law so de
structive to the public interests, and so generally and
justly condemned by the public opinion. I admit that
it was feared by many and predicted by a few, that Re
publican members of congress, and especially Republican
senators, would in some way labor to embarrass Demo
crats in their efforts to repeal a measure, passed by a
Republican congress, and approved by a Republican
president, and it was reported that certain senators who
are considered by the country pre-eminently the cham-

520 THE STORY OF AN EARNEST LIFE.
pions of the silver interests, had 'given out in speeches'
that they would resort to all the parliamentary methods
allowed by the peculiar rules of this body, to delay final
action upon the question of repeal.
"But it is gratifying to find that the conduct of some
leading Republican senators warrant the belief that the
fears of the many, and the predictions of the few, were un
founded. "The junior senator from Massachusetts, fresh from
the other branch of congress, where he had distinguished
himself as a party leader, at an early day in this session,
proposed the absolute repeal of that part of the act of
July 14, 1890, which provides for the purchase of silver
bullion. The senior senator from the same state, with
out defending the act, only justifies its passage as neces
sary to the defeat of another measure, which he regarded
as far more objectionable.
"And the distinguished senator from Ohio, whose
name is connected with the act, explains his vote in its
favor upon the same grounds, and both these eminent
leaders avow their readiness to vote for the repeal, and
there are reasons for believing that a majority of the Re
publican senators are ready to co-operate with them to
the same end.
"And the senators from the so-called silver states have
shown no disposition to hinder or obstruct an early con
sideration of the recommendation of the president.
"Mr. President, like the distinguished senator from
Missouri, to whose eloquent speech we listened a few days
ago with so much pleasure, I supported the president,
and urged others to do so, upon the distinct ground
that in his letter accepting the nomination offered him
by the Democratic convention he avowed his devotion to
Democratic principles as defined by the party platform ;
and I maintain, in opposition to the criticism of the
senator from Missouri, that the recommendations con
tained in the late message of the president, are not
only in accordance with the Chicago platform, but prac-

DEFENDS THE DEMOCRATIC PLATFORM. 521
tically cover the whole financial policy outlined in the
Chicago resolutions.
"To make this point clear, I quote from the platform :
'We hold to the use of both gold and silver as the stand
ard of the country, and to the coinage of both gold and
silver without discriminating against either metal or
charge for mintage, but the dollar unit of coinage of
both metals must be of equal intrinsic and exchange
able value, or be adjusted through international agree
ment, or by such safeguards of legislation as shall in
sure the maintenance of the parity of the two metals
and the equal power of every dollar at all times in the
markets, and in the payment of debt, and we demand
that all paper currency shall be kept at par with and re
deemable in such coin. We insist upon this policy as
especially necessary for the protection of the farmers and
laboring classes, the first and most defenseless victims
of unstable money and fluctuating currency.' And for
the same purpose, and to make the comparison easy, I
again quote the recommendation of the message : 'I
seriously recommend the prompt repeal of the act passed
July 14, 1890, authorizing the purchase of silver bullion,
and that other legislative action may put beyond all doubt
or mistake the intention and the ability of the govern
ment to fulfill all of its pecuniary obligations in money
universally recognized by all civilized countries . '
"Nothing can be more emphatic or clear, as will appear
by the platform, than its denunciation of the Republican
legislation, known as the 'Sherman Act of 1890,' and
the demand for its repeal is equally emphatic. It was
denounced as so fraught with possibilities of danger
that all its supporters, as well as its author, should be
anxious for its repeal. The platform further asserts,
speaking for the whole Democratic party : 'We hold to
the use of both gold and silver, as the standard money
of the country, and to the coinage of both gold and sil
ver without discriminating against either metal, or
charge for mintage,' and the president, without reiterat-

522 THE STORY OF AN EARNEST LIFE.
ing the language of the platform, affirms, in substance,
that the dollar unit of coinage of both metals must be
of equal intrinsic and exchangeable value, and in effect
recommends to congress such legislation as shall 'insure
the maintenance of the parity of the tAvo metals, and
the equal power of every dollar at all times in the mar
kets and in the payment of debts, and that all paper
currency shall be kept at par with and redeemable in
such coin.' And the president, without specific sugges
tion as to the methods, after recommending the prompt
repeal of the act passed July 14, 1890, urges 'other legis
lative action (and he means undoubtedly in the line of
the platform) that may put beyond all doubt or mistake
the intention and the ability of the government to fulfill
all its pecuniary obligations in the money universally
recognized by all civilized countries.' It certainly re
quires no argument to prove that all civilized countries
recognize the American dollar unit, of both gold and
silver, when of equal intrinsic and exchangeable value,
and of equal power at all times in the markets, and in
the payment of debts, and all civilized countries recog
nize a paper currency at all times kept at par with and
redeemable in such coin.
"As the convention specifically denounced the act of
July 14, 1890, as fraught with future danger, the presi
dent might well specifically urge its prompt repeal, now
that the anticipated danger of evil results are realized.
And the country may reasonably expect that a Demo
cratic congress will promptly respond to the executive
recommendation. Nor can it be a just complaint by the
supporters of the Chicago platform who are not com
mitted to the proposition that the dollar unit of coinage
of both gold and silver, must be of equal intrinsic and
exchangeable value, and of equal power at all times in
the markets, and in the payment of debts, that the
president submits it to the wisdom of congress to devise
and adopt legislation that will put beyond all doubt or
mistake the intention and the ability of the government

DEFENDS THE DEMOCRATIC PLATFORM. 523
to fulfill all its pecuniary obligations in money univer
sally recognized by all civilized countries.'
"But the senator from Missouri says: 'We are told
that the repeal of the so-called "Sherman act," or the
purchasing clause, is all that is necessary at the present
conjuncture, and that the clouds will be immediately
lifted from the business and financial horizon, and the
sun of prosperity again beam upon every portion of our
land . ' It may be that there are some who believe that
the repeal of the purchasing clause of the so-called Sher
man act is all that is necessary at the present conjecture,
but it is obvious from the language of the message that
the president is not one 'of those who so believe ; ' that he
regards the repeal of the purchasing clause as essentially
necessary to the return of prosperity is manifest, not
only from his specific recommendation that it be promptly
repealed, but from the overwhelming proofs he furnishes
that the dangers with which it was fraught are now
realized, and though the president makes no specific
reference to the coinage of silver, it cannot fairly be
urged by anything said by him in the message that he
does not now, as he did in his letter accepting the nomi
nation made at Chicago, hold to the use of gold and
silver as the standard money of the country, and the coin
age of both gold and silver Avithout discriminating against
either metal, nor does it follow because he fails to say one
word in regard to bimetallism he would disapprove of
legislation which would provide that the unit of coinage
of both metals should be of equal intrinsic value at all
times, in the markets, and in the payment of debts, and
I will add the expression of the opinion that the great
majority of the American people would not only approve,
but would rapturously applaud legislation which would
establish and maintain the bimetallism of the Chicago
resolutions. I do not now pause to inquire Avhether bi
metallism as defined by the platform is attainable by
either of the methods suggested in that paper, 'an inter
national agreement, or the safeguards of legislation,' or

524 THE STORY OF AN EARNEST LIFE.
by a combination of both, but I am sure that no loyal
adherent to the Chicago platform will consent to the
coinage of either gold or silver, unless the dollar unit of
coinage of both metals be of equal intrinsic and ex
changeable value, and with the equal power of every
dollar at all times in the markets, and in the payment of
debts, for it is declared by the platform 'that this policy
is especially necessary for the protection of the farmers
and laboring classes, the first and most defenseless vic
tims of unstable money and fluctuating currency.'
"Mr. President — The senator from Missouri no doubt
favors bimetallism and free coinage as defined in the
Chicago platform, and I think I may venture to say that
he holds to the use of both gold and silver as the stand
ard money of the country, and to the coinage of both
gold and silver without discriminating against either
metal, insisting, however, that the dollar unit of coin
age of both metals shall be of equal intrinsic and ex
changeable value, with the equal poAver of every dollar
at all times in the markets and in the payment of debts.
If I am correct in this statement of the views of the
senator from Missouri, I most cordially concur with him,
and am ready to follow his lead in promoting legislation
which will secure that result to the country.
"Mr. President — The purchasing clause of the Sherman
law does not aid the free coinage of silver. I make this
statement upon the authority of the distinguished sen
ator from Missouri, and if anything more was needed to
establish the truth of that assertion, it will be developed
by the origin, object and history of the law, and by ref
erence to the facts Avhich illustrate its influence upon the
financial situation of the country.
"The act of July 14, 1890, originated in the councils
of the Republican party. Its object and purpose was to
defeat the free coinage of silver upon the then existing
ratio. The object and purpose is avowed by the senator
from Ohio, its putative author, and whose name it bears,
and his avowal is confirmed by the distinguished sen-

DEFENDS THE DEMOCRATIC PLATFORM. 525
ator from Massachusetts, whose means of knowledge
are equal to those possessed by the senator from Ohio
himself. But there can be no doubt but that measure
was favored by senators from the silver-producing states,
for the reason that it provided for the monthly coinage
of two millions of ounces of silver dollars until July 1,
1891, and made perpetual provision for the monthly
purchase of four and a half millions of ounces of silver
bullion. They abandoned the free coinage of silver,
which seems to have been within their reach, for the
sake of a market for a large proportion of the silver
product of the United States for the preceding year.
Whatever may have been the object of the authors of
the act, or the combination of interests that secured its
passage, it is the belief of its authors that its passage
defeated the measure of free coinage which was then
impending, and I believe that its effect has been to
render the coinage of silver upon the bimetallic plan of
the Chicago platform exceeding difficult, if not impos
sible. Bimetallic coinage is not possible while the pur
chasing clause of the act of July 14, 1890, remains in
force, and is executed by the secretary of the treasury.
"The only power possessed by congress with respect
to the purchase of gold or silver, or other metals, results
from the grant of power to 'coin money, regulate the
value thereof, and of foreign coins.'
"In the exercise of this power, congress may provide
for the purchase of any of the metals used for coinage
purposes, in whatever form they may be found. Mill
ions of avoirdupois pounds of silver bullion, which we
cannot coin upon a ratio yet ascertained, or established,
and which, from its volume, is a menace to the silver
market, and is so worthless as a fund for the redemption
of the treasury notes issued for its purchase, that though
they are nominally payable in gold or silver coin at the
discretion of the secretary of the treasury, and made by
law a legal tender for all debts, public and private, ex
cept when otherwise expressly stipulated in the contract,

526 THE STORY OF AN EARNEST LIFE.
and are receivable for customs, taxes and all public dues,
and when held by any national banking association, may
be counted as a part of its lawful reserve, their parity
has only been maintained by the established fixed belief
in the public mind that no secretary of the treasury
would dare exercise his discretion to redeem them in
silver coin.
"And yet, senators who voted against the act of 1890,
and were then fully impressed with the dangers of the
business interest of the country, with which it was
fraught, and who adhere to the Chicago platform, now
refuse to vote for its unconditional repeal. The reasons
given by senators for the refusal to vote for the repeal,
are quite as surprising as the refusal itself.
"The senator from Missouri, in the speech from which
I have already quoted, and the senator from Arkansas,
who uses nearly the same language, in speaking of the
act in question, said : 'I am willing to repeal it, but I
am not willing to give up the whole silver question with
the repeal,' and after an interruption, he added: 'I
meant to say that until there is some assurance that we
are not to go to a gold standard, and we are not giving
up the last muniment of silver, and leave it without any
legislation, we do not propose to take a step which leads
to monometallism.'
"Mr. President, how can the repeal of the act amount
to giving up the whole silver question ? To whom does
the senator look for an assurance that we are not to go
to the gold standard, and who has authority to give to the
senator such an assurance, and in what sense can the
Sherman act be called the 'last muniment of silver?'
And if a muniment of silver, what is its value, and as
it deals with silver (which until its passage Avas a money
metal) as a mere commodity, how can its repeal be a
step which leads to or is in the direction of mono
metallism ?
"The passage of the act of July 14, 1890, gave up the
whole silver question, as it expressly provided that the

DEFENDS THE DEMOCRATIC PLATFORM. 527
coinage of standard silver dollars should cease on July
1, 1891, and that silver bullion should be bought in the
open markets without making any specific provision for
its coinage. Under its operation, the price of silver ad
vanced to the average ratio of gold of 19.76 in 1890, but
it was so ineffectual that in 1893 the ratio of gold in
creased to the disadvantage of silver to 28.52.
"Mr. President — The country is now at the gold stand
ard ; there is no use in attempting to disguise the fact.
Silver, the only rival of gold as a money metal, is made
by the act before us, and is regarded in the world of
commerce and trade as a mere commodity to be priced
in gold. Silver coin now performs but a mere subsid-
ary office, and can never reach a higher plane of use
fulness until the dollar unit of silver be made of equal
and intrinsic and exchangeable value to the dollar of
gold, and be impressed with equal power in the markets
and in the payment of debts.
"In order to this end, the act of July 14, 1890, which
at once operates to increase the glut of silver in the al
ready overcharged treasury, and disturbs the silver mar
ket by subjecting it to unnatural conditions, must be
repealed. "Mr. President — I do not despair of bimetallism as
defined in the Chicago platform, but I do believe that,
in the present state of the silver market, it is beyond
the power of any finite mind to fix a ratio of silver to gold
that will produce that result. The market value of silver
bullion is in a state of chronic fluctuation ; it is affected
by constantly disturbing conditions, of which the con
tinued operation of the act of July 14, 1890, is one of
the most potent. The country is committed to the pres
ent ratio, not only by law, but by the fact that there is a
stock of silver coin in the United States estimated, on
January 1, 1893, at $492,903,266, all of which would be
practically converted into bullion by an alteration of the
ratio, for it would be necessary to recoin silver coin in

528 THE STORY OF AN EARNEST LIFE.
the treasury, and to redeem that in the possession of the
people. I repeat, that it is impossible now, by any
agency that has been suggested, to find and fix upon a
ratio which will afford or produce the essential condi
tions of bimetallism, which is, that the dollar unit of
coinage of both metals possess equal intrinsic and ex
changeable value, and the dollar of both metals to pos
sess equal power at all times in the markets and in the
payment of debts. The coinage of silver upon any
other ratio than one which would certainly produce bi
metallism would be but to introduce a new element of
uncertainty and confusion which would not only con
tinue, but aggravate, the condition of financial distress
which has not only ruined the silver-producing states, but
threatens all the industries of the country.
"Mr. President — The country is now upon a gold
basis, and the values of all property and of all com-
odities, including as well silver as all the products of
the farm and of the factories, are now fixed and regu
lated by gold.
"Mr. President — Ours is a country of marvelous re
sources ; it is increasing in population and wealth and
power Avith a rapidity unexampled in the history of na
tions, and at present, in my opinion, there are but two
lines of policy which can offer the least possible hope for
escape from our present situation of embarrassment and
distress. One of these lines of policy is to repeal the
purchasing clause of the Sherman act, and then, by
'legislative action,' put beyond all doubt or mistake the
intention of the government to fulfill all its pecuniary
obligations in money universally recognized by all civil
ized countries. This course will be consonant with the
character of the great, manly American people. We
are not, as might be inferred from some of the speeches
made upon this floor, timid mendicants, trembling in
the presence of the financial power of England ; we are,
or will be when Ave recover our natural courage, the

DEFENDS THE DEMOCRATIC PLATFORM. 529
rivals, not only of the little island so often mentioned,
but of Great Britain, which includes so large a portion
of the globe.
"Mr. President — With commerce unshackled by use
less restrictions, and a mercantile marine which an un-
shackeled commerce will create, the United States will
meet our English rivals in every port, and will demand
and obtain our fair share of the money recognized by
all civilized nations.
"I once saw my country torn by contending armies;
one portion of it desolated by war, and its industrial sys
tem overthrown ; the other, which represented the exist
ing government, often defeated and on the very verge of
bankruptcy, but never yielding to despair. When it was
threatened by the England who is noAV so much dreaded,
with armed intervention and possible dismemberment,
still I never faltered in my hope of restored unity, in
increased national strength and of national prosperity
unequaled in our previous national life.
"I do not now doubt the firmness and courage of my
countrymen. They avUI not consent to take refuge from
the financial power of England by the adoption of a
mere timid inter- territorial system of coinage, estab
lished and enforced by a ruthless law which disregards
intrinsic values, and isolates them from the world and
its commerce, which they hope at no distant day to dom
inate and control — and will deprive them of the lead in
enlightened civilization, which they may now fairly
claim to hold.
"The American people will not now adopt the cast-offi
systems of India and of the least civilized peoples of
the world — no middle ground is possible. The gold
standard is upon us ; bimetallism, as defined by the
Chicago platform, is possible — after all obstructions to
its adoption are removed — but we cannot now enter
upon the doubtful experiment of new ratios. We can
relieve the business of the country by resolutely repeal-
34

530 THE STORY OF AN EARNEST LIFE.
ing the Sherman act, and in that way withdraw the
treasury from the silver market. We should adhere to
the present ratio, and by laws judiciously framed en
courage the use of silver coin, and then calmly watch
the influence of events upon the relative values of the
two metals, ready to take advantage of circumstances,
with the hope that by the use of effective means the
country will at no distant day reach the point when
both gold and silver can be coined and used without
discrimination between them, and the dollar unit of
both metals be of equal intrinsic and exchangeable
value at all times, possessing equal power in the markets
and inpayment of debts."
In the course of the running debate, I said to Mr.
Teller, "At all events the mining states have a customer,
a certain customer for four and a half millions of ounces
of silver every month, and that they should be unwill
ing to give that customer up I can understand. The
government purchases, I suppose, more than three-
fourths of the product of the United States. I heard
the very eloquent remarks of the senator from Montana
(Mr. Power) , I heard him speak of the desolation the
refusal on the part of the government to buy silver pro
duced in the silver states. The picture is an exceed
ingly sorrowful one. No man feels it more keenly than
I, but why should the United States continue to buy a
product for which it has no use? . . . The senator
does not know that the farmers of Illinois and Indiana
under circumstances of great difficulty went into those
states, and bought the lands, and spent years of hard
work preparing their lands for culture, and their wheat
this year is worth as much less than the cost of produc
tion as is the silver of Idaho and Montana. Here are
these commodities, silver, wheat and cotton, and each
fluctuates according to the laws that govern commerce.
Neither is a measure of value of the other.
"Wheat and cotton during all this time did not make

DEFENDS THE DEMOCRATIC PLATFORM. 531
the price of silver, and silver was not referred to to as
certain the price of those products. How can they in
fluence each other as neither is resorted to as a means
of determining the value of the other, is to me incompre
hensible. . . ."

532 THE STORY OF AN EARNEST LIFE,

CHAPTER XXXII.
Argument against alteration of the constitution by construction — Object
to the seating of Mantle, Beckwith and Allen.
"Mr. President — The most impressive part of Wash
ington's farewell address, read so perfectly from your
place on the twenty-second day of February, was the
warning of Washington against the danger of attempt
ing to alter the constitution by construction. He re
minded his countrymen that the constitution could be
amended, and thus altered, but he warned them against
constructive alterations. Nothing impressed me more
than those solemn words of the father of his country.
I am impressed with that, in view of what has been said
by the senator from New Hampshire (Mr. Chandler) .
"As I understand the senator he admits that for many
years after the formation of the constitution the con
struction for which I contend was the received con
struction. But the senator has discovered that the con-
stitutionm ay be changed by construction. The fathers
adopted Avhat he calls a narrow and illiberal construction
of that instrument. He, their wiser son, has found an
other method, better than that.
"The senator's discovery reminds me of what I once
heard of a Calvinistic preacher, who said, 'My brethren,
there is a man going up and down through the country
teaching that all men will be saved. Thank God ! We
t6ach better things.' That is an illustration of the
methods of the senator. This illiberality characterized
the authors of the constitution and their contemporaries,
but this liberality distinguishes the senator from New
Hampshire and those who think with him. I prefer
for myself to be treated as illiberal with those who won
the independence of his country, and who framed the
admirable system of government under which the

ALTERATION OF CONSTITUTION BY CONSTRUCTION. 533
United States has extended from sea to sea and from
the lakes to the gulf, rather than the new light vouch
safed us by the distinguished senator from New Hamp
shire. The senator again refers to the fact that the
senator from Oregon (Mr. Mitchell) and myself desire
to alter the constitution in order to give the election of
senators to the people.
"Mr. President, I do. I desire to alter the constitu
tion by formal provision ; to change it deliberately and
solemnly, because I believe an election of senators by
the people would be altogether preferable to either of the
modes favored by the senator. But I seek to do it by
formal, constitutional means ; I seek to call the attention
of the country to the great importance of this change . I
have sought the aid of congress to initiate the reform
which I favored, and I have supposed, and still suppose,
the time Avill soon come when the dangers of these new
lights in political philosophy will compel some such
thing to be done, not only in that particular respect, but
possibly in some others.
"No inconsistency can be predicated or charged against
us, because while the constitution exists as it is, we
favor adhering to it rigidly. It avUI be found that the
most dangerous class of politicians are those who believe
and teach that the framework of the government, the
constitution, is to be modified, not by formal action in
some of the methods prescribed by the constitution, but
it is to be altered by new constructions to meet changed
conditions, real or imaginary, I ask the senate to
stand by the constitution as it is. I have no right to be
liberal in construing the instrument which I have sworn
to support. I have sworn to support the constitution as
it is. Neither my judgment nor my conscience will al
low me to follow the senator from New Hampshire in
the new path which he has marked out for the senate to
pursue. "I am exceedingly anxious to confine what I have to
say to the very question before the senate. It is an im-

534 THE STORY OF AN EARNEST LIFE.
portant question. The senator from New Hampshire
indicates a purpose to give to this instrument a new con
struction. I have said already that he admits that the
construction of the constitution first recognized, and
afterwards adhered to by those who were very near the
time of its adoption, was that which I maintain to-day.
I desire very much that the construction of the fathers
shall be maintained until the people in some of the
modes prescribed by the constitution shall alter it. We
shall then understand what the alterations are and we
shall obey them, because it will be our duty to do so.
"In pursuance of that disposition to be accurate, I
shall endeavor to state in a correct and accurate form
the real question before the senate.
"Mr. President, the question presented by the resolu
tion reported by a majority of the committee on privi
leges and elections is one of very great importance, as it
involves a construction of those provisions of the consti
tution which relate to the organization of this body.
"The report of the committee asserts that under the
facts to be hereafter stated, the governors of the states
of Montana, Wyoming and Washington had the consti
tutional power to appoint senators to represent those
states in this body.
"The facts in the case of Mr. Lee Mantle, which is
the case immediately before the senate, and of Mr. Beck
with, both of whom are asserted by the committee to
have a right to seats in this body, are identical.
"The legislatures of the States of Montana and Wyo
ming convened in January, 1893, in pursuance of the
constitutions of those states. The members of the legis
latures of both states balloted for senators, as required
by the act of congress of July 25, 1866, and on March 3,
1893, adjourned without having made a choice. The
terms of Mr. Sanders, the late senator from Montana,
and of Mr. Warren, late senator from Wyoming, ex
pired on March 3, 1893, so that it may be said with per
fect accuracy that the sessions of the legislatures of those

ALTERATION OF CONSTITUTION BY CONSTRUCTION. 535
states and the terms of Senators Sanders and Warren ex
pired at the same moment.
"The case of Mr. Allen, who claims the right to be
seated as a senator from the State of Washington, differs
from the cases of Mr. Mantle and Mr. Beckwith in this
respect only, that the term of Mr. Allen, who was the
late senator from Washington, expired on March 3,
1893, and the legislature of that state, which was in
session some time before March 3, and had balloted for
a senator to fill the term which commenced on March 4,
1893, continued to ballot in actual session until March
9th, when it adjourned without having made a choice.
The legislatures of each of the states of Montana and
Wyoming were in actual session for one or more months
before the expiration of the terms of Mr. Sanders and
Mr. Warren. And the legislature of Washington was
in session for a month or more before, and for several
days after, the expiration of the term of Mr. Allen. It
was the duty of the legislatures of those states to elect sen
ators for the term commencing on March 4, 1893. It was
in their power to do so, and yet they have failed to make
such elections. After the adjournment of the legislatures
of those states, the governor of the State of Montana ap
pointed Mr. Mantle ; the governor of Wyoming appointed
Mr. Beckwith, and the governor of Washington ap
pointed Mr. Allen, to be senators.
"The majority of the committee treat the cases of the
claimants from Montana, Wyoming and Washington as
alike in principle, and assert the right of all to be
seated. The rights of these gentlemen to seats depend
upon the authority of the governors of their respective
states to appoint them senators I And the authority of
the governors to appoint them, if it exists at all, is de
rived alone from the constitution.
"The provisions of the constitution, which relate to
the organization and to the election of members of
the senate, are so brief that they may be conveniently
quoted. Section 3 of article 1 provides that 'the senate

536 THE STORY OF AN EARNEST LIFE.
of the United States shall be composed of two senators
from each state, chosen by the legislature thereof for
six years, and each senator shall have one vote. Im
mediately after they shall be assembled in consequence
of the first election they shall be divided as equally as
may be into three classes. The seats of the senators of
the first class shall be vacated at the expiration of the
second year ; of the second class, at the expiration of the
fourth year, and of the third class, at the expiration of
the sixth year ; so that one-third may be chosen every
second year, and if vacancies happen by resignation or
otherwise during the recess of the legislature of any
state, the executive thereof may make temporary ap
pointments until the next meeting of the legislature,
which shall then fill such vacancies. ' The material rele
vant portions of the constitution may be condensed into
this form : 'The senate of the United States shall be
composed of tAvo senators from each state, chosen by the
legislatures thereof for six years, . . . and if va
cancies happen by resignation or otherwise during the
recess of the legislature of any state, the executive
thereof may make temporary appointments until the
next meeting of the legislature, which shall then fill such
vacancies.' "The constitution determines that senators shall be
chosen by the legislatures of the states for a term of six
years. The power of electing senators is conferred upon
the legislature, and to meet the possibility that va
cancies might happen from resignation or like causes,
the power is conferred upon the governor to fill vacan
cies thus occurring.
"It is not easy to mistake the general purpose of the
framers of the constitution. It was contemplated by
the framers of the constitution that vacancies might oc
cur from any of the causes that could be anticipated,
and it was also understood that the legislatures of the
states would not be in continual session, and there was a
necessity for providing for the filling of vacancies. Upon

ALTERATION OF CONSTITUTION BY CONSTRUCTION. 537
observing the constitution closely and carefully it will be
found that the original proposition, which came from a
committee of that body, was that the governors of the
states should fill vacancies absolutely, without limitation.
It was by subsequent amendment determined to limit the
power of the governors of states to make appointment of
senators to be exercised on particular specified contingen
cies ; that is, the governors should have power to fill va
cancies caused by resignation or from any similar cause
which might happen at a time when the legislature was
not in session. A careful provision was made, however,
that the appointment should continue until the meeting
of the legislature.
"So, the power of the governor to appoint was con
sidered as purely exceptional, not as original. It was
not supposed in the original scheme that the power was
conferred upon the governor to appoint a senator orig
inally. The theory was, that the vacancy must be ac
cidental. The death or resignation are given as some of
the illustrations of the cases in which the power of the
governor could be employed. The whole theory of the
constitution was, and is, that the power of election was
with the legislature, and the contingent power of fill
ing vacancies was vested in the governor, a power to be
vested only upon the happening of certain contingencies,
and a power which exhausted itself when the true elec
toral body met in actual session.
"The constitution determines that senators shall be
chosen by the legislatures of the states for a term of
six years. The power of electing senators is conferred
upon the legislatures in the most absolute and exclusive
terms, but it was foreseen by the authors of the consti
tution that vacancies might occur or happen during the
recess of the legislature of a state at a time when the
legislature, not being in session, would be incapable
of filling the vacancy. To meet the contingency the
executive of a state was empowered to make temporary
appointments until the next meeting of the legislature,

538 THE STORY OF AN EARNEST LIFE.
Avhich is required by the terms of the constitution to
then fill such vacancies. The committee on privileges
and elections agree that under the constitution the
power and the duty of the legislatures of the states is
primary, and that of the governors of the states to make
temporary appointments to fill vacancies in the senate is
contingent. "The majority of the committee contend that the co
existence of but two facts is essential to the existence of .
the power of the governor to make such temporary ap
pointments. The first of these facts is, that there shall
exist a vacancy in the representation of any state in the
senate ; and, secondly, that at a time when such a
vacancy exists the legislature of such state is not in
session. At any time upon a concurrence of these two
circumstances the power of a governor to appoint a
senator is complete. While the contention of the
minority is that in order to the existence of the power
of a governor of a state to make temporary appoint
ments of senators, the vacancy to be filled must happen
by the resignation of a senator or otherwise during the
recess of the legislature of such state, and that the
power in question cannot exist in the governor of a state
to fill a vacancy occasioned by the expiration of a con
stitutional term. The majority of the committee profess
to have discovered that the leading object of this pro
vision of the constitution is to keep the senate at all
times full. It is asked in the report : 'What is the
great and leading purpose which the provision now un
der consideration was designed to accomplish? It is
that the senate of the United States be full, always
full ; each state was to be represented there by two
senators.' "In order to secure this 'great and leading purpose'
the committee inferentially assert this purpose is to be
appealed to supply all omissions, to reconcile all in
consistencies, to give a meaning to all ambiguities, and
even in clear cases to compel a construction opposed

ALTERATION OF CONSTITUTION BY CONSTRUCTION. 539
sometimes to a clear meaning of particular words and
phrases. "The committee, in quoting this extreme rule, some
times applicable to the construction of contrasts between
parties, seem to have forgotten the injunction of Judge
Marshall, which they quote, 'Never forget that it is a
constitution Ave are construing,' and seem furthermore
to have disregarded the maxim that 'the best rule by
Avhich to arrive at the meaning and intention of a laAV
is to abide by the words which the lawmaker has used,'
and that other rule that 'words in a statute and a portion
of a constitution are never to be construed as unmeaning
and surplusage if a construction can legitimately be
found which will give force to preserve all the words in
the act.'
"The end interpretation aims at is to find out the in
tent of the statute or constitution, as the case may be ;
to clear up the meaning of the Avords if they are obscure ;
to ascertain their sense if they are ambiguous, and to
determine their design where the words express it im
perfectly. It is not permitted to interpret what has no
need of interpretation. When an instrument is con
ceived in clear and precise terms, when the sense is
manifest, and leads to nothing absurd, there can be no
reason to refuse the sense which the words naturally
present ; to go elsewhere in search of conjectures in
order to restrain or extend the words of an instrument
is to elude it.
"The meaning of the provisions of the constitution
under consideration can be determined without resorting
to the violent means of interpretation quoted with appro
bation by the committee. The constitution as a com
plete instrument was the production of deputies repre
senting sovereign, but united states. Its purpose was
to provide a common government for the United States.
In execution of that purpose it created a senate to consist
of two senators from each state, to be elected by the legis
latures of the states for a term of six years, and in con-

540 THE STORY OF AN EARNEST LIFE.
templation of possible vacancies provided : 'And if
Aracancies happen during the recess of the legislature
of any state the executive thereof may make temporary
appointments until the next meeting of the legislature,
Avhich shall then fill such vacancies . ' In the early days
of the Union the words quoted were not supposed to
be ambiguous in their meaning.
"The case of Kensey Johns, which was before the sen
ate, in 1794, and of James Lanman, in 1825, were de
cided without apparent difficulty, and now the words in
question may be readily interpreted by the employment
and application of well-established rules of construction.
The admitted object of the language is to provide a
means for filling vacancies which may happen to exist
in the representation of any state in the senate. To
satisfy the terms of the constitution upon the power of
the governor to appoint a senator to fill a vacancy, it is
necessary first that a vacancy shall happen. It is ad
mitted that the word 'happen' has a very wide significa
tion. It is clear, however, that while other words may
sometimes be employed instead of the word 'happen,'
and examples will occur to every senator, the word
'happen' in its strict sense will hardly supply the mean
ing of the words that are sometimes substituted for it.
"The word 'happen' exactly expresses the construc
tion which was given in all the cases up to 1825. No
other word could have been employed that would have
satisfied the construction first given to the constitution
by the senate. The minority report of the committee
discusses the meaning of that term as far as it is neces
sary to do so.
"It may be conceded, too, that the word 'occur' is
often used as an equivalent for 'happen,' and that there
fore no conclusive inference as to the intention of the
framers of the constitution can be draAvn from the use of
the word 'happen,' alone. The exact intention of a de
liberative body in the use of a doubtful meaning, when
other means fail, can often be determined by contrasting

ALTERATION OF CONSTITUTION BY CONSTRUCTION. 541
it Avith another word or words for which it was substi
tuted in the course of the composition of a statute or con
stitution, and by the association of the word in question
with words which precede or follow it. We have the
debates in the convention which framed the constitution,
and it is admissible to resort to those debates as a means
of ascertaining the intention of the framers of the consti
tution in the use of particular words. It appears that
a committee of the convention, known as the committee
on detail, recommend a clause to be made a part of the
constitution. I have not the exact words before me.
The recommendation was a broad one, that the power of
filling vacancies — I quote freely — shall belong to the ex
ecutives of the states until the next meeting of the legis
latures. It is true, as has been said already, that an at
tempt was made to strike out those words from the plan.
"It is also certain that the words suggested by the
committee were not satisfactory to the convention. It
is easy to be seen that if the original words reported by
the committee of detail had become a part of the consti
tution, controversies like this could not have happened.
'Vacancies shall be filled by the executives of states un
til the next meeting of the legislatures.' I repeat, I
quote freely. The necessity for retaining in the consti
tution power to fill vacancies was recognized to the ex
tent that the convention refused to strike out those words
when that distinct proposition was made. But the
clause was not satisfactory to the convention, and the
words now found in the constitution were inserted to
give exact expression to the intention of the convention.
"The exact words selected were 'if vacancies happen by
resignation, or otherwise.' The senator from Indiana
(Mr. Turpie) attaches much importance to the meaning
of the word 'otherwise.' The senator's proposition is
that the convention was unAvilling to accept as a part of
the constitution the clause which provided that vacancies
in all cases shall be filled by the governor until the next
meeting of the legislature, but his proposition is that the

542 THE STORY OF AN EARNEST LIFE.
Avord 'otherAvise' gives to the clause reported greater
significance than it had before ; that is, all vacancies
may be filled by the governors of the states. Now the
modification was, 'if vacancies happen by resignation, or
otherwise.' "The senator from Indiana argues that the word
'otherwise' restores to tlje original proposition the broad
comprehension intended by the authors of the report,
and that the clause is now to be read, 'if vacancies
happen by resignation or exist from any other cause, the
governor may fill that vacancy until the next meeting of
the legislature:' that is, that the limitation which was
intended by the insertion of the word 'resignation,' was
enlarged and made as broad as before by the use of the
word 'otherwise.' So, according to the theory of the
senator from Indiana, and, as I understand it, of the sen
ator from New Hampshire (Mr. Chandler) , the governor
may fill all vacancies until the next meeting of the legis
lature ; that the word 'resignation' is without meaning,
as 'otherwise' comprehends all that was meant in the
proposition contained in the original report.
"The senator from Massachusetts ingeniously suggests
that the purpose for which the word 'resignation' was in
serted in the clause was not to limit the executive power
of resignation. He tells us that it was the rule in En
gland, that no member of the house of commons could
resign or vacate his seat otherwise than by the accept-
tance of an employment under the crown, and the fa
miliar practice of the house of commons of a retiring
member accepting the stewardship of Chiltern Hun
dreds, is cited to illustrate and enforce the proposition
the senator advances. But it will be remembered by
those who have taken the pains to examine the debates,
that there is no allusion in any of the debates to that
fact. It is nowhere claimed in the convention that the
case was before the minds of the framers of the consti
tution. "It is suggested by a senator on my right (Mr. Peffer)

ALTERATION OF CONSTITUTION BY CONSTRUCTION. 543
that resignations were familiar in the continental con-
grees, and the American doctrine of the right of the in
cumbent to resign his place was not questioned.
"The suggestion therefore, of the senator from Massa
chusetts has the merit of ingenuity, but it has no foun
dation in any fact or expression which occurred in the
course of the debates in the constitutional convention.
For what purpose, then, was the word introduced? Its
natural effect is to limit generality of the words reported
by the committee of detail. That report provided, in
substance, that the executives of the states should fill all
vacancies until the next meeting of the legislature.
That Avas not satisfactory to the convention. It was not
satisfied that the governors of states should have the
power to fill all vacancies that might occur, and words
of limitation were thought to be necessary, and were in
troduced into the clause . The words of limitation are,
'if vacancies happen by resignation, or otherwise.'
"As a matter of fair construction, the word 'resigna
tion' can only refer to the vacation of an office by one
who had a right to continue to occupy it. The word
was introduced into the constitution for a purpose. I
maintain that it was introduced as a word of limitation,
and the senator maintains that the purpose intended
was only to give the senator incumbent the right to va
cate his seat. I maintain that the words are a limita
tion on the power of the governor to appoint senators.
The other proposition is that the words only mean that
the senators may resign their seats and thus create a
vacancy, and the executive of the state may fill all va
cancies which may happen to exist during a recess of the
legislature. Is it not much more reasonable to conclude
that the amendments proposed to the original draft had
a more definite purpose? The legislature of states are
the electors of senators. I think I may fairly assert it
was undoubtedly the expectation as well as the purpose
of the framers of the constitution that the legislatures
would in all cases elect senators. What ground could

544 THE STORY OF AN EARNEST LIFE.
there be for a doubt on that subject? The power was
conferred upon states to elect senators for the sake of
the states. It was the right, as well as the privilege, the
duty as well as the advantage, of the states to be repre
sented in the United States senate. Could it have been
anticipated by the framers of the constitution that the
states would fail to exercise the privilege of being repre
sented in the senate of the United States? The right of
states to representation in the senate was deemed so
precious that it was provided elsewhere in the constitu
tion that no state should be deprived of its representa
tion in the senate without its consent.
"I quote these provisions of the constitution freely.
It was deemed an essential, valuable, precious right of
representation. It never could have been thought possi
ble that the states of the Union would waive a right so
valuable as that of being represented in the United
States senate. The right to representation in connection
with taxation was the cause of the revolution. Can it be
supposed that the convention which framed the con
stitution anticipated the possibility that the states would
voluntarily waive this most valuable right? The idea
that it Avas intended to provide for the contingency of a
legislature disregarding its plain duty to its people in
electing a senator could not possibly occur to the framers
of the constitution. The senator from Indiana says, and
truly too, I think, that our fathers were familiar with po
litical strifes, as we are. But they never contemplated
that the factions of a state would consent to waive the
valuable right of representation in the national senate.
I shall not trouble the senate by discussing that which
the senator from Oregon (Mr. Mitchell) presented so
clearly and well.
"It cannot be presumed that the convention imagined,
if I may use that term in such a connection, that the
legislatures of states to whom the election of senators
Avas confided would ever fail to discharge that duty.
"It cannot be affirmed, with proper respect to them,

ALTERATION OF CONSTITUTION BY CONSTRUCTION. 545
that they anticipated such a condition of things ; that
they did not anticipate such a condition is inferable
from the fact that if they had, they would have inserted
an express provision in the constitution to meet it. It
would have been easy to have provided that 'when
vacancies shall occur by a failure to elect, or happen by
resignation or otherwise.' I take it, therefore, that this
was not in contemplation or it would have been pro
vided for.
"Now, I return to the original proposition, 'if vacan
cies happen by resignation.' If it had been anticipated
that a vacancy could exist by a failure to elect, the
natural order of that statement would have been that
the failure to elect would have been provided for, and
it would have preceded the word 'resignation,' as in
cumbency must precede resignation.
"The term 'resignation' was, as I maintain, intro
duced as a word of limitation. It was proposed that
governors should fill all vacancies.
"The amendment was that the governors might fill
some vacancies, and an attempt is made to describe the
vacancies which may be filled by a governor. 'Resigna
tion' is chosen as the descriptive word indicating the
general cause of the vacancy.
"The senator from Indiana, with that ingenuity which
characterizes him, and to the exhibition of which I
always listen with much interest, intimates that the word
'otherwise' covers all vacancies, all cases, all other
ways. I ask him if it was intended that the governors
should fill all vacancies, why were the words reported from
the committee of detail rejected? Why were any other
words used? If, as is maintained, the governor may
fill all vacancies until the next meeting of the' legislature,
why were the words of limitation used ? If it was the in
tention of the framers of the constitution, why were other
words employed?
"The ingenious suggestion of the senator from Mas-

546 THE STORY OF AN EARNEST LIFE.
sachusetts (Mr. Hoar) , which I have already noticed,
is that the purpose of the word 'resignation' was simply
to recognize the right of a senator to resign. If it was
used for that purpose only, then it has the merit, I say,
of extreme ingenuity, but has no support whatever in
the debates in the convention, and seems to be unwar
ranted by anything under any custom or rule which
prevailed in this country at any time .
"Upon a careful inquiry as to the meaning of the
word 'otherwise' its significance is not always clear. In
the report of the committee this subject is discussed
with clearness and ample learning. I will not ask the
senate to listen to me while I continue a discussion
which seems to me to have been there exhausted. Evi
dently from the fact that that is the word chosen after
'resignation,' it contemplates causes resembling resig
nation, according to very well understood rules of inter
pretation .
" 'Otherwise,' if interpreted as the senators on the
other side interpret it, rendered an amendment to the
report of the committee of detail entirely unnecessary.
As I said before, it simply restored the original words
reported by the committee, and with a sort of grant of
power to an incumbent to resign. That would seem to
be the whole effect of the proposition according to the
arguments on the other side.
"The term 'otherwise' admits of very free interpreta
tion. It may mean 'in any other way.' It may mean
in connection with the word 'resignation,' or 'any like
case.' The senator from Indiana wastes some time, I
think, in combating that view when he asserts that a
vacancy occasioned by resignation and one caused by
death or expulsion are alike in their results and in their
incidents. "In order to find the meaning of the term 'resigna
tion' we must find that one has been in possession of an
office or thing and that he has yielded it up so that that
place which was full is now vacant. In the case of

ALTERATION OF CONSTITUTION BY CONSTRUCTION. 547
expulsion the office was full, but made vacant ; and in
the case of resignation the vacancy happened by volun
tary act of the incumbent. In the one of expulsion it
happened by the act of the body which had the right of
expulsion. Other illustrations might be found. While
these vacancies, originating from different causes, may
be unlike in the cause, they are alike in the results.
An office is full ; an office happens to be vacated. Resig
nation is given as one of the examples of an office once
full, but which has become vacant. Illustrations might
be multiplied showing that, while the senator from In
diana is largely our creditor for ingenuity, he seems to
have failed to perceive that the vacancy is the thing to
be considered ; and that is the result of any one of a
number of different causes which produce the result,
'otherwise' being the term which comprehends all simi
lar cases.
"Mr. Gray. Classified with reference to that result.
"Mr. Palmer. As is suggested by the senator on my
left, classified with reference to that result, the result
being a vacancy in an office once filled. I attach much
consequence to the alterations in these phrases employed
in the progress of the debates in the convention. The
first idea was that constitution should confer upon gov
ernors of states power to fill all vacancies, however
they might happen or from whatever cause they might
result, and that would satisfy the senator from New
Hampshire, who has presented us an argument this
morning to support the equal dignity of a governor of a
state with the legislature of that state. I may reply to
the senator by saying that I am not called upon to de
termine the relative dignity of the executive and legis
lative departments of states.
"The inquiry is, what was the intention of the framers
of the constitution ? In order to ascertain that intention
we must resort first to the words. We are at liberty to
look to the process by which the ultimate result was
reached ; we are permitted to consult contemporary his-

548 THE STORY OF AN EARNEST LIFE.
tory, and we are at liberty to resort to contemporaneous
practice. "Permit me to show a rule I think the senator from
Massachusetts will recognize as one of universal accept
ance, that in the construction of a law, and necessarily
of a constitution, it cannot be presumed that the legis
lature or the constitutional convention employed any
words without meaning. In construction, a meaning
must be found for every Avord, unless it is clear that no
construction can be found which would not be absurd.
"It is a modification of the rule that the intention
must govern in the construction of constitutions and
statutes. Now, why were those words introduced?
What was intended? If the senator from Massachusetts
was correct in his theory, the word 'resignation' is a
useless one, serving as the mere resting point for the
word 'otherwise.' 'If vacancy shall happen,' I render
freely, the governor shall make temporary appointments
until the next meeting of the legislature. If that had
been the clause of the constitution, the word 'happen'
might be accepted in the broad meaning claimed for it
by the senator from Massachusetts, it being the same as
the word 'occur,' or even the word 'exist.' If vacancies
exist, the governor may fill that vacancy until the next
meeting of the legislature. What is the case of the
senator from Washington, Mr. Allen? In that case the
vacancy occurred while the legislature was in session,
and in order to get rid of that difficulty the senator must
get rid of the words 'during the recess of the legisla
ture.' The ingenious senator from New Hampshire
would not have the least difficulty in holding that mod
ern learning and skill are quite equal to the task of even
getting rid of the phrase, 'if the vacancy shall happen
during the recess of the legislature, the governor may
make a temporary appointment.' In this case the va
cancy happened while the legislature was in session, and
the legislature continued in session for nearly a week
from the third, until, I believe, the ninth day of March,

ALTERATION OF CONSTITUTION BY CONSTRUCTION. 549
1893. There the vacancy did not happen during the re
cess of the legislature. Undoubtedly, under the rules
of free and liberal interpretation, some method will be
found to show authority for the governor to appoint Mr.
Allen as his own successor.
"Going back again, I have said, and I repeat, that in
the progress of these investigations, we are to conclude
that every word had some meaning, not necessarily an
exact meaning according to the best authorities, but it
must be implied in some sense, perhaps a better sense,
as the term is understood by the people. I understand
no rule is better settled than that, unless phrases are
technical, Ave are to look to the language of the country
in order to interpret written or printed instruments,
whether constitutions or contracts. It is also to be sup
posed that, while Ave are giving the interpretation to
words, we can reject none. 'If vacancies happen.' .
. Going back to the line I was pursuing, however,
in rather a desultory way, I want to remark, and some
what in continuation, that the terms employed in this
instrument evidently contemplate, on even Mr. Madison's
suggestion, that these words would authorize resigna
tion. They were at the same time Avords of limitation
on the power of the governor. They were to operate by
way of limitation, and also to operate by words as ex
amples, and in connection with the word 'happen,'
which, as I have said before, perfectly represents the
idea of possibility or accident, and does not perfectly
represent an occurrence which comes by course of na
ture or by operation of law — one that may be foreseen.
"It is, therefore, much safer as a matter of construc
tion to accept a word which has a distinct signification,
without being ingenious, to find that the same word may
have other meanings.
"The example was resignation, and the word 'hap
pen' was also introduced. The word 'happen' does not
exist in the original draft of the committee of detail ; the
word 'happen' was imported into the amendment, as

550 THE STORY OF AN EARNEST LIFE.
well as the word 'resignation.' The whole clause is
coupled with this word contingency, which perfectly
satisfies the purpose of the senators on the other side.
"Now, Mr. President, being about to conclude what
I have say on this subject, I beg to state that this is
one of the most solemn occasions which has occurred in
the senate since I have had the honor of being a member
of this body. We are discussing questions that go to
its very organization, and it is proposed to extend the
constitution so as to remove the choice of senators still fur
ther from the primary source of all political power — the
people. By way of compromise, perhaps, it Avas suggested
in convention by some persons that the power of appoint
ing senators might be conferred upon the executives of
the states. On the other hand, the claim was made that
the power of electing senators should be brought as near
the people as possible. The compromise was found in
vesting the choice of senators in the legislature of the
states, and the qualifications of the electors of the legis
latures Avere left undefined, in order that the power
might be as near the people as possible.
"Instead, therefore, of characterizing the construction
for which gentlemen on the other side contend as being
beneficial, it is the reverse. It is subversive. It is in
timated in the report of the committee that it was pro
posed to give this power to the governors alone. That
is true, but the prevailing sentiment was to place the
power as near to the people as possible. This proposi-
sition will confer ultimately on the governors of the
states the power to appoint senators much more exten
sively than is claimed, now, because you observe hoAV
it has gone on step by step.
"In 1794, in the case of Johns, according to the admis
sion of the senator from New Hampshire, it was agreed
that the power of the governor to appoint could not be
exercised in cases like these.
"In the cases from New Hampshire another step was
taken in the direction of increasing the mere uncon-

ALTERATION OF CONSTITUTION BY CONSTRUCTION. 551
trolled power of the governor. That was another step
in the direction of giving the poAver to the governors to
appoint senators. If this line of construction is pursued,
Avhen gentlemen reject clauses in the constitution in or
der to attain liberal results, the time is not distant
when the powers of the legislature to elect will be very
largely abridged, and the day is not distant when there
will be combinations in the states to defeat the choice
of senators by the legislatures so as to insure appoint
ments by the governors. The process is an easy one.
We have the remarkable example of three states now
with senators appointed by the governors knocking at
these doors. The legislatures have been in session.
Every man of them was under the obligation of a sol
emn oath to obey the requirement to elect a senator as
the representative of his state and its people. They
failed to do so. From what consideration? Senators
say they could not elect. I, in turn, say that it was
their duty to elect, and that their inability Avas a ficti
tious inability, imaginary, pretended ; that it was not
real. The spirit of faction may have taken control
of some or all of them, but there is reason to be
lieve, and it is a possible conclusion, that certain inter
ests preferred that the governors should make appoint
ments. "The gentlemen who are here, so far as I know, are
blameless, free from fault. They have my personal re
spect ; but there lies the danger, and step by step we
depart from the pathway of the fathers. We become
wise in our own conceit. The senator from New Hamp
shire conceives the doctrine of liberal interpretation
which would change the government, and step by step
our institutions are subverted by this spirit of change.
No man can forsee the result.
"The safe course is to restrict the power of governors
to the exact limits of the constitution. If the legislatures
fail to elect senators, let them be responsible for those
who elect them. You afford to faithless legislators a

552 THE STORY OF AN EARNEST LIFE.
means of escape by this substitutionary method of ap
pointing senators. Gentlemen talk about representation
in this body as if it was a matter of such transcendent
consequence that anybody might appoint, or as if the
origin of the appointment is a matter of comparatively
small consequence. The object is, we are told, that the
senate shall be full, always full. It is not so, Mr. Presi
dent. The object is that the senate shaU be filled with
the representatives of the states, representatives selected
by the agencies to which the election has been confided
by the constitution, by the representatives of the people,
and every step that removes from the legislature a sense
of its responsibility is a step toward the subversion of
free institutions.
"If the people of Montana, or of Washington, or of
Wyoming are without representation in this body, whose
fault is it ? Have not their legislatures had ample power to
elect? In a session that lasted for months they have been
struggling, they tell us, over an election for senator, and
have been unable to elect. What was the ground for
that inability? Did they will to discharge their duty?
Were they there to meet their obligations to their con
stituents? No ; they were obeying the voice of faction,
which would sacrifice sometimes free institutions for the
sake of mere temporary advantages. They have failed
to discharge their duty. What is the remedy? Gentle
men suggest that the governor of a state shall relieve
them of all responsibility by appointing a senator for
them. Sir, the governors of those states (and I speak
again respectfully of these gentlemen) have appointed
as senators gentlemen whom the legislatures would not
elect. "They did not elect them. They had the opportunity
to elect them and they would not do it. The effect of
this is to relieve these recreant members of the legis
lature from their responsibility to the people.
"If the states of Washington, Montana and Wyoming
were to remain without representation who would be re-

ALTERATION OF CONSTITUTION BY CONSTRUCTION. 553
sponsible for it? Whom would the people hold responsi
ble ? They would visit the proper punishment upon the
faithless men who disregarded their duty. But the senate
kindly proposes to relieve them of all trouble. The men
whose duty it was to choose a senator go back to their
constituents and say : 'The governor has done that
which we ought to have done, and the senate of the
United States has held that where the legislature of a
state refuse to elect, the governor shall appoint.' I ask
pardon ; these legislatures have not used the word 're
fuse,' but let me put a case. Suppose that before end
ing its session the legislature had passed this resolution :
'Resolved, that we will not elect a senator to the
senate of the United States.' What would the senator
from Massachusetts say then? To be logical he would
say : 'Let the governor appoint a senator,' forgetful that
the convention would not entrust the legislature with the
discretion to refer appointments for the senate to whom
they pleased. The senator has the book before him.
They would not entrust the legislature with that power,
yet the senator maintains a doctrine here that would en
able the legislature to abandon its duty and delegate the
power of election to a governor who might not represent
the people. ... I am done when I say that I re
spect the power of the executive of the states and I claim
for them all the powers which belong to their office. I
had the honor of being the governor of a state once, and
I surely magnified my office. I never allowed its honors
to be trailed in the dust. I employed its powers in
season and out of season, whenever its dignity was in
vaded or its laws violated ; but I also believe that the
safety of the people of this country depends upon a rigid
adherence to the constitution as it is.
"In the great struggle which commenced in 1861 and
ended in 1865, the efforts of patriots were not to estab
lish a new government ; it was to maintain the dignity
and authority of the constitution as it is, as it was, as it
came from the hands of the fathers. I believe it my

554 THE STORY OF AN EARNEST LIFE.
duty now to stand by the ancient ways and to resist
these innovations, because I cannot foresee where they
will end. When we depart, we take a final departure;
we break loose from our moorings under the influence of
the liberal doctrines of the senator from New Hamp
shire, doctrines which have no other merit than their
liberality. They are liberal with sacred things. It is a
liberality without the sanction of law, conscience, or
right. It is a liberality which disregards the interests
of the free people of this country ; it disregards popular
liberty as defined and guaranteed and defended by the
written constitution and fair and honest interpretation.
"Mr. President, I trust this question will be settled
definitely on this vote. It is a great occasion. We are
making a government by enlarging its powers. The
power of construing constitutions is in fact the power
to make them. We are to-day exercising a part of that
power, and I warn the senate that this innovation, this
liberal interpretation, at some time will return to tor
ment the inventors."

LETTER TO MR. CLEVELAND. 555

CHAPTER XXXIII.
Letter to Mr. Isaac H. Webb— Letter to the President.
The senate was still engaged in the discussion of the
tariff bill, when I received a letter from Mr. Isaac H.
Webb, to which I replied as follows :
"Isaac H. Webb, Esq., McLeansboro, Illinois:
"My Dear Sir — I have your favor of June 18, 1894, in
which you inform me that you are one of the delegates
to the Democratic state convention, which meets in
Springfield on the twenty-seventh day of this month,
and ask my 'opinion upon the silver question,' which you
intimate will be the main subject for contention in the
convention, and ask me also whether I favor the gold
standard, or Avould it be expedient for the convention to
adopt a platform favoring bimetallism? I do not favor
an exclusive gold standard ; but before answering the
other questions which you propound to me — which I will
hereafter do categorically — I beg to call your attention
to the fact that the declarations of the Democratic state
convention of Illinois will be regarded by the country
as of very great importance. The nomination of Mr.
Cleveland by the controlling vote of the delegation to
the national convention from Illinois reconstructed the
political geography of the United States. Before that
event, which was accomplished by the votes of Illinois,
Wisconsin, Indiana and other states, influenced by like
views of political policy, it was believed that Democratic
success in national elections depended, and would always
depend, upon the ability of the party to find candidates
satisfactory to New York and two or three contiguous
states and the 'solid South.'
"Mr. Cleveland had been rejected by New York, and

556 THE STORY OF AN EARNEST LIFE.
he was nominated, not only as a tribute to his integrity,
patriotism and statesmanship, but as a protest against
New York domination, and his subsequent triumphant
election vindicated the wisdom of the policy pursued by
the convention.
"It is important and I venture to express the hope
that the convention will not forget that Illinois, from
its commanding situation and its immense and varied
resources, must hereafter be an influential factor in the
politics of the United States.
"The Democratic party of Illinois, therefore, cannot
consent to play a subordinate part in the politics of the
country. The state convention ought to incorporate in
its platform principles of broad nationality.
It cannot, therefore, I think, commit itself to the free
coinage of silver at the present legal ratio, of sixteen of
silver to one of gold. That policy, if successful, would
Mexicanize American coinage, and would in its result
amount to silver mono-metallism, and be an abandonment
of the safe and cautious policy of the present Democratic
administration which contemplates the adoption of every
means which will secure to the country the bimetallism
of the Chicago platform. Bimetallism which recognizes
both silver and gold as money metals, but now widely
separated in commercial value, both to be used, how
ever under conditions which will make the 'dollar of
equal value in the markets and in the payment of debts.'
It is not necessary to argue in support of that which is
axiomatic, that the money Avhich is cheapest and most
easily obtained will be used, and will displace that
which is more highly valued.
"The result, therefore, of the free and unlimited coin
age of silver at the present ratio Avould dwarf the
American dollar in value to a level with the silver
coinage of Mexico and the South American states, and
would produce monetary conditions such as exist in the
silver countries.
"And it would also be to decline a contest with Great

LETTER TO MR. CLEVELAND. 557
Britain and the continental states of Europe for the trade
and commerce of the world. The silver producing
states naturally demand the free coinage of silver, they
Avell understand that it would result in silver mono
metallism. "It is also true that some of the western and southern
states, discouraged by the low price of their staples,
eagerly seek cheap money, influenced by the belief that
it would enhance their prices and promote prosperity.
The democracy of Illinois cannot indulge in these de
lusive expectations, nor yield to these exceptional de
mands, which will not be pressed by the west and south
Avhen prosperity returns, as it certainly will, to the
country. The democracy of Illinois represent the bold,
resolute, self-reliant conservatism of the United States.
I trust, therefore, that the state convention will re-
indorse the Chicago platform, which 'favors the use of
gold and silver to be coined upon equal terms, the dollar
of each metal to be of equal value in the markets and
the payment of debts.' Mr. Cleveland, since his acces
sion to the presidency has exerted himself in the direc
tion indicated by the platform, and will continue to do
so. He, like every thoughtful man in this country,
knows that under existing conditions, for which the
Democratic party is not responsible, the bimetallism of
the Chicago platform cannot be attained without great
difficulty. Republican policies tended to exhaust the
resources of the country, and produced the deplorable
conditions apparent on every hand. Time is necessary
in order to the restoration of public prosperity, and
nothing can be gained in that direction by mere em
pirical policies, which in the end will produce far
greater mischiefs than those from which we noAV suffer.
"I trust the state convention will stand by the well-
established and well-approved landmarks so often ex
pressed in our party platforms ; that it will not be
'stampeded,' but will steadily face the difficulties of the
present situation of the countiy, and decline all invita-

558 THE STORY OF AN EARNEST LIFE.
tions to make the party responsible for the timid
expedients which may be pressed upon it.
Yours very truly, John M. Palmer."
After the senate and the country had learned that the
president was dissatisfied with the Wilson-Gorman tariff
bill, which had passed both houses of congress, but
would alloAV it to become a laAv without his signature,
I wrote him the foUowing letter :
"United States Senate,
"Washington, D. C, August 23, 1894.
"To the President — I called upon you to-day with
the expectation of saying to you what I now write.
"You are of necessity the leader of the Democratic
party, and you, by your message of 1887, made tariff
reform the leading issue, and by that means reorganized
the Democratic party.
"The present tariff bill contains all that your true
friends in congress were able to obtain in the direction
of the tariff reform.
"They accepted it as all they could secure. If you,
representing the tariff reform element, should conclude
to veto the bill, they can defend you, and themselves, al
though, in my judgment, sound policy dictates that the
bill should become a law.
"If you sign the bill, you thereby retain the leader
ship of the Democratic party. The party can defend
you and itself by comparing the measure with the
McKinley bill ; they can point to free wool, free lumber
and the large reductions upon the woolen, cotton and
other schedules, and to the abolition of the sugar bounty,
as substantial gains in the interest of the people.
"If you allow the bill to become a law without your
signature, you abdicate the leadership of the Democratic
party on the issue that made you president.
"Mr. President, the country will need you hereafter;
the senate of the Fifty-Fourth Congress will be anti-

LETTER TO MR. CLEVELAND. 559
Democratic, as will the house, perhaps, and you will
need all the support possible, in order to enable you to
resist the torrent of that undefined thing, called Popu
lism, which already threatens constitutional order.
"You must remain at the head of the Democratic
party. To allow the tariff bill to become a law with
out your approval would be to separate yourself from
your party, and to sulk in your tent.
Mr. President, the commander of an army,, the leader
of a party, must alike share the fortunes of their fol
lowers. The present tariff bill is a Democratic meas
ure. Thirty-five members of the senate may be briefly
said to agree with you in your theories of tariff reform.
"We were compelled to accept what Ave could get in
that direction, and we secured much. To refuse to sign
the bill, if you intend that it shall become a law, is to
separate yourself from the Democrats in congress, and
decline to share their responsibility before the country.
"I write this paper because I feel the necessity of
your leadership to the party. I have no personal inter
est in the future of the Democratic party, because, at the
end of my term in the senate, my public service will
be ended. You have many years before you, and your
power to be useful depends upon your ability to preserve
and lead the Democratic organization.
"Yours, with respect, John M. Palmer."

560 THE STORY OF AN EARNEST LIFE.
CHAPTER XXXIV.
Oration delivered at the dedication of Chickamauga Park.
The following oration was delivered at Snodgrass
Hill, on September 19, 1895, on the occasion of the dedi
cation of Chickamauga Park :
"Mr. President, My Comrades and My Countrymen:
"I am profoundly sensible of the honor which the sec
retary of war conferred by selecting me to represent
the soldiers of the United States who participated in the
great military events which occurred on this theater in
the late summer and autumn of 1863.
"When I recall the names of the galaxy of distin
guished men who took part in the drama which has
made Chickamauga immortal in national history, I feel
that many of them would have better honored this oc
casion — but, alas ! where are they?
Rosecrans, the central figure in the great 'campaign
for Chattanooga,' is now on the genial shore of the Pa
cific, struggling with age and disease, attended by a lov
ing daughter, and the prayers and good wishes of all the
survivors of the hosts he commanded.
"George H. Thomas, the earnest, disinterested patriot,
the soldier, the 'Rock of Chickamauga,' sleeps in a quiet
cemetery near one of the beautiful cities of New York.
A native of Virginia, educated by the United States, and
one of the officers of the army at the beginning of the
armed strife, he did not yield to the sophistry of para
mount allegiance to the state of his birth, which deluded
and misled so many others. He adhered to and followed
the flag of his country, and died at his post of duty in Cali
fornia. No nobler man lives, and none nobler has died-
"Crittenden, always generous, brave and manly, and
Gordon Granger, who so distinguished himself on this

DEDICATION OF CHICKAMAUGA PARK. 561
field on September 20th, have passed away, and McCook,
alone, of the corps commanders, survives.
"Death has summoned Brannan of the '14th,' Jeffer
son C. Davis, and Philip H. Sheridan of the '20th,' Van
Cleve of the '21st,' and Stedman of the Reserve Corps.
"Of the brigade commanders, Lytle, the 'soldier poet'
fell September 20th ; Harker and Dan. McCook in the
assault on Kenesaw, in 1864, and others, equally dis
tinguished, have since succumbed to age and disease,
and comparatively few survive to this thirty-second
anniversary of the first day of the battle of Chicka
mauga. "It may be that I owe my selection for this honorable
duty to my seniority in rank amongst the survivors of
that day, but not on account of superior merit, for where
all did their duty, no soldier can be said to be superior
to any other.
"I feel honored too, that on this interesting occasion
I am associated with that distinguished soldier and
orator, General John B. Gordon, who, though not a par
ticipant in the operations here, represented the Confeder
ate cause gallantly on many other battle-fields, and has
described the 'last days of the Confederacy' with such
force and eloquence that I cannot hope to equal him.
"My comrades and my countrymen, I will attempt to
discharge the representative duty imposed upon me, but
in view of the great difficulty of even selecting the theme
for the brief address which I am to deliver here, where
so many memories crowd upon me, all demanding
utterance, I will need your indulgence. Where shall I
begin ?
"Standing in this presence, upon this historic ground,
I am conscious that no words of my own will stir
and thrill the survivors of the great military events
which thirty-two years ago transpired in these valleys,
and under the shadow of these mountains, as will the
36

562 THE STORY OF AN EARNEST LIFE.
mention of Chickamauga, Chattanooga, Lookout Moun
tain and Missionary Ridge.
"These names are now historically significant of great
battles, where many thousands of brave men, of the
same race and language contended with each other for
victory. At the mention of them, the eyes of veterans,
dimmed by age, will kindle, and for the moment they
will forget the flight of time and the lapse of years, and
in imagination again plunge into the heady fight.
"And there are other places in this region of moun
tains and valleys which, if of less importance, will,
when named, rekindle almost extinct recollections.
'Crawfish Springs,' with its rushing flood of crystal
purity, was to us men of the prairies, where nothing
like it exists, a 'thing of beauty.' 'Lee and Gordon's
Mill,' which was for a few days the center of the move
ments of that part of the army with which I was con
nected, and where I spent part of a birthday by the side
of a wounded comrade, and within the sound of a skir
mish which was almost a battle ; 'Peavine Valley,' where
to my infinite mortification I lost nearly a company of
one of my veteran regiments, captured by a rush of Con
federate cavalry; 'Ringgold,' the scene of the bloody re
turn of the Confederate rear guard, inflicted upon their
pursuers after the battle of Missionary Ridge, is not dis
tant — indeed, there is scarcely an object within this
theater of operations — streams, bridges, houses and
fields — which is not suggestive of something which per
tains to the stirring, eventful period which we have as
sembled to commemorate.
' ' But my duty requires of me more than the mention ¦•
of the names of these places, memorable as they are, for J
the civil war in the United States in its origin, its pro
gress and its results, is full of lessons to us and the
American people.
"At the close of the war of the revolution, the people
of the American colonies were a nation. They were
made so by their identity of race and language, and by

DEDICATION OF CHICKAMAUGA PARK. 563
their common efforts and sacrifices to maintain and de
fend their liberties. The constitution of the United
States, the most perfect product of human wisdom, in
spired by the most exalted patriotism, created a govern
ment for a nation, a government which from necessity is
supreme within its appropriate sphere. The statesmen
of that day were divided in opinion. Some of them sup
posed that the constitution gave to the national govern
ment powers so great as to endanger popular liberty.
Others believed that the powers reserved to the states
endangered national unity. Therefore, disputes as to
the relative rights and powers of the national govern
ment under the constitution and of the states, com
menced soon after its adoption. Some political writers,
in both sections of the Union, find the germs of secession
and of rebellion against the national supremacy, in the
Virginia and Kentucky resolutions of 1798, while others
of equal respectability and authority claim that the reso
lutions of 1798 assert no more than the right of the
states, while adhering to the states to defend the consti
tution, and by peaceful and orderly methods, resist the
palpable infractions of its provisions.
"Again, it has been claimed that the ordinance of
nullification adopted by the State of South Carolina be
gan the controversy which finally culminated in the civil
war. While on the other hand, the supporters of nulli
fication asserted that the South Carolina ordinance har
monized with the proper interpretation of the constitu
tion and tended to support the union of the states, and
in no sense involved the theory of secession. Later,
'the South' complained of the Wilmot Proviso, which
excluded slavery from all the territories of the United
States north of latitude 36° 30", as an invasion of the
rights of the states in which slavery then existed. The
North complained of the repeal of the Missouri Compro
mise, which, as was claimed, invited slavery into what
are now the magnificent States of Kansas and Nebraska,
and into other territories, some of which have since that

564 THE STORY OF AN EARNEST LIFE.
time become great and populous states of the American
Union. "In the attempt to vindicate the repeal of the Missouri
Compromise, some distinguished southern leaders in
sisted that the negro slaves, being property in some of
the states, might be carried into the territories, which
were the common property of all the states. WhUe on
the other hand, the northern people maintained that ne
groes were persons, and that slavery was the accident of
their situation, and that slavery could not exist in the
territories. And southern leaders went still further in the
assertion that the states, being sovereign and equal, pos
sessed the inherent right to secede from the Union, and
that any one or more of them might at pleasure establish
an independent government hostile to the United States.
I think that from 1858, when General Fremont was the
favorite candidate of many of the northern states for the
presidency, until 1860, when Mr. Lincoln was named
for that high office, a majority of the American people
regarded all the disputed claims and opposing political
propositions asserted by the rival sections as mere ab
stractions. "They believed that slavery would perish as civiliza
tion advanced, and that it could never be maintained in
the purely agricultural regions of the North and West.
I know that, with inconsiderable exceptions, this was
the feeling of the people of all the states north of the
Ohio. "They did not care for the mere sentimental belief,
cherished by so many, that slavery was a divine institu
tion. They Avere satisfied that slavery could not be de
fended, and they hoped to Avitness its ultimate extinction,
It did not alarm them that many were committed to the
dogma of the right of any state to secede from the
Union at pleasure, for they did not expect or anticipate
any overt act of secession or disunion from any quarter
Avhatever. "In 1860, Abraham Lincoln, of Illinois, was nom-

DEDICATION OF CHICKAMAUGA PARK. 565
mated as a candidate for the presidency. For the first
time in the history of the United States, it was seriously
asserted in certain sections that the election of a partic
ular presidential candidate Avould afford sufficient cause
for the secession of the states interested in slavery from
the Union.
"This declaration, coming from the quarters it did,
excited some apprehension. Mr. Lincoln was regarded,
not only by his political friends, but by his opposers, as
a safe, conscientious, constitutional statesman. His sin
cerity and integrity had never been questioned.
"The presidential canvass of 1860, though heated,
was conducted in the usual manner. The election was
fair and free. The electors met in most of the states
and cast their votes, which were certified, according to
the constitutional and legal forms, and the votes of the
electors were counted in the presence of both houses of
congress, and Vice-President Breckinridge, as the pre
siding officer of the joint session, declared that 'Abraham
Lincoln, of Illinois, having received the votes of a ma
jority of the electors of the several states of the United
States, is duly elected President of the United States
for the term of four years from the fourth of March,
1861.' "Soon after the result of the election of 1860 was
known South Carolina in form seceded from the Union,
and was afterwards followed by other states, and the
seceded states adopted a form of confederate govern
ment. "I spent the month of February, 1861, in Washington,
and mingled extensively with public men from all parts of
the United States, and can now recollect that many of
them professed to believe that the controversy between the
'adhering and seceding states,' as they were even then
termed, would be speedily and peacefully settled. Some
few men of prominence from the North said "the revo
lution is complete,' and advised that the erring sisters
be allowed to 'go in peace.' Others, like Mr. Douglas,

566 THE STORY OF AN EARNEST LIFE.
then senator from Illinois, and Governor Morehead of
Kentucky, said to me : 'The peaceful settlement of our
troubles is impossible ; the Southern leaders have gone
too far to recede,' and Mr. Douglas added: 'Before
this controversy is settled the continent will tremble
under the tread of a million of armed men.' And
Governor Morehead, who agreed with Mr. Douglas,
said : 'Misrepresentation has alienated the people of
the North and South ; they have challenged each other
to war, and in that war slavery will cease to exist.
They will fight to the death, and after a bloody contest
they will learn to respect each other, and may live in
peace.' "The civil war according to that view was a struggle
between the elements of American manhood. Political,
economic and moral considerations may have impressed
and influenced statesmen and philanthropists, and the
like considerations affected the great body of the people,
and swept them into opposing political parties, and
made them the adherents of rival governments. The
assault upon Fort Sumter, which occurred in April,
1861, made any compromise of the sectional differences
impossible and fully justified Mr. Toombs, secretary of
state of the Confederate government, in saying, 'The
firing upon that fort will inaugurate a civil war greater
than any the world has ever seen.' Whatever may
have been hoped, believed or feared by the lovers of
peace in the different sections of the Union before that
time, the attack upon Fort Sumter rendered a civil war
inevitable. After that event Mr. Lincoln answered the
challenge for war by a call for 75,000 men. At that
time the whole South was practicaUy in arms, and the
call for 75,000 men was within a month responded to by
the northern states with an offer of more than a quarter
of a miUion, and the flame of war extended across the
continent. "I need not speak of the military operations of the
years 1861 and '62, nor of the events which occurred

DEDICATION OF CHICKAMAUGA PARK. 567
elsewhere than upon the theater included in the opera
tions of the armies which encountered each other here.
"The first days of the year 1863 found these two
armies in actual collision around the town of Murfrees
boro, which after a struggle was finally held by Union
forces, the Confederates falling back to the line of
Tullahoma. In the latter part of June, 1863, the Union
forces, after months of preparation, broke up their
camps at Murfreesboro and their advanced posts in that
neighborhood, and were put in motion for their objective
point — Chattanooga. The campaign of 1863 has been
characterized as the 'campaign for Chattanooga.'
"From the beginning of the war the great importance
of Chattanooga from a military point of view was well
understood. It was the key to the great, populous and
wealthy State of Georgia, and in fact to the whole
South. Its position was one of great strength. Situ
ated on the Tennessee river, surrounded by mountains,
it is difficult to approach from north and west. During
the latter part of June, and in early July, the Union
and Confederate hosts contested the line of Tullahoma,
the Confederates afterwards retiring to the line of the Ten
nessee river. About the first of August, 1863, the whole
Union army commenced its advance, the left wing
occupying Sequatchie Valley pushed forward a brigade
to Poe's tavern in the valley of the Tennessee to Avatch
Chattanooga, and, by a show of force, to threaten that
place and also the crossings of the Tennessee river.
"In the meantime Rosecrans moved his center and
right over the mountains in the supposed reported direc
tion of Rome, in order to reach the Confederate rear,
and on the eighth day of September, in consequence of
that movement, the Confederates evacuated Chatta
nooga. "It is no part of my duty, nor is it my purpose, to
criticise the strategy of the commanders of the two
armies, or the movements of troops, or the conduct of the
subordinates, before, during or after the two days battle

568 THE STORY OF AN EARNEST LIFE.
of Chickamauga. I do not know what General Rose
crans believed General Bragg intended by the evacua
tion of Chattanooga. I know that on the morning of
the 9th of September my division, which was posted in
Lookout Valley, was ordered to follow the railroad
around the point of Lookout Mountain and enter and
occupy Chattanooga.
"That order was changed, and at my request General
Crittenden allowed me to proceed with Van Cleve's divi
sion and my own and take a position at Rossville. On
the morning of the 10th, I received an order to pursue
the enemy in the direction of Ringgold. I reached
Ringgold on the 11th of September, and was there over
taken by General Crittenden, who informed me that it
had been discovered that General Bragg had retired
from Chattanooga in the direction of Lafayette, Ga., for
the obvious purpose of watching the movements of our
center and right, protecting his lines of communication
and receiving the reinforcements from the Army of Vir
ginia, which were then on their way to join him. He
told me that Rosecrans had gone hastily to join Thomas
and McCook, who were then crossing the mountains,
and bring them to confront the Confederates in Chicka
mauga valley, and fight a battle for the possession of
Chattanooga. "When General Crittenden gave me the information I
have before mentioned, he ordered me to march from
Ringgold to Lee & Gordon's mill, on the Chickamauga.
I was more apprehensive of the advance of the Confed
erates than General Crittenden seemed to be, for I had
never believed that General Bragg intended to abandon
Chattanooga without striking a blow for its possession.
At my request, he allowed me to move from Ringgold,
with the fighting force of my division, in the direction
of Pea Vine church, to feel for the enemy, Avhile the
transportation, protected by Van Cleve's division, was
moved to Lee & Gordon's mill by the most direct route.
"I marched in the direction I have indicated a few

DEDICATION OF CHICKAMAUGA PARK. 569
miles, and encountered in the neighborhood of Pea Vine
church a solid Confederate force, and, after a close skir
mish, retired and crossed the Chickamauga, so that by
the evening of the 12th of September the 21st Corps,
with the exception of two brigades, were in position on
the left or western bank of the Chickamauga. From
that time it was a race between the Union center and
right and the Confederates for a battle field. Long-
street, from Virginia, was approaching with some thou
sands of veteran troops, who had participated in the
bloody battles of Virginia, had crossed the Potomac and
had fought at Gettysburg, while the forces under the
immediate command of General Bragg were moving
steadily upon us, and on the 17th and 18th had made
themselves felt at the different crossings of the Chicka
mauga above Lee & Gordon's mill, while the 14th and
20th Corps of the Union army were hurrying to unite
with the 21st Corps and resist his advance. On the 16th I
moved with my division up to Chickamauga, defending the
crossings, and on the 17th the advance of the right and
center began to arrive, and the whole army commenced
and continued its movement by rapid marches to the
left. I remember a meeting of leading officers at the
headquarters of the army on the evening of the 18th of
September, which I attended for a few moments, called
away from the meeting by the urgency of the situation.
Reports were received from all directions. The advance
of Longstreet's reinforcements had, as we were in
formed, reached Ringgold. The army of General Bragg
was reported to be nearly on the opposite side of the
river, moving with an evident purpose of crossing and
seizing the road which led along the eastern base of
Missionary Ridge. During the whole of the night of
the 18th of September, every portion of the federal
army was in motion. My own division, after interrupt
ing delays, reached Lee & Gordon's mill about sunrise,
while the 14th Corps, under Thomas, had, by a more
direct route, gained a position at McDaniel's house, near

570 THE STORY OF AN EARNEST LIFE.
the Chattanooga road. I heard firing in that direction
about eight o'clock, and directed Gross to proceed with
his brigade and learn its cause.
"Time is important in all military operations. If
Longstreet had reached Ringgold a day earlier and had
at once attempted to seize the road to Chattanooga,
which led along the eastern base of Missionary Ridge,/
he would have succeeded. He did not reach the field
until the morning of the 20th, when too late, for he
found the Union forces in a position prepared to re
ceive him . Another incident may be mentioned to illus
trate the same fact. Soon after Gross had marched to
ascertain the cause of the firing to our left, I received a
note from General Thomas, which I supposed until lately
led to the opening of the real battle on the 19th of Sep
tember, and had an important influence upon the Con
federate movements. I quote from the 'Southern Con
federacy,' a newspaper published in Atlanta, of date of
October 3, 1863, which came into my hands a few days
after it was published : 'It is said that General Bragg's
plan of attack was designed to be the same as that of
General Lee on Chickahominy, viz : A movement down
the left bank of the Chickamauga by a column which
was to take the enemy in flank and drive him down the
river to the west ford ; or crossing below, where a second
column was to cross over and unite with the first in
pushing the enemy still further down the river until all
the bridges and fords had been uncovered and our entire
army passed over.'
"This plan was frustrated, according to report, by a
counter movement, which is explained in the following
order of the federal general, Thomas. This order was
found upon the person of Adjutant-General Muhleman,
of General Palmer's staff, who subsequently fell into
our hands : "Headquarters 14th Army Corps,
"Near McDaniel's House, Sept. 19, 1863, 9 a. m.
"Major-General Palmer — The Rebels are reported

DEDICATION OF CHICKAMAUGA PARK. 571
in quite a heavy force between you and Alexander's mill.
If you advance as soon as possible on them in the front,
while I attack them in flank, I think we can use them
up. Respectfully, your obedient servant,
'Geo. H. Thomas, Major-General Commanding."

m

"This was Saturday morning ; the counter attack upon
the front and flank of the flanking column was made
with vigor soon after it crossed the river, and in accord
ance with the plan suggested by General Thomas ; and,
if not entirely successful, it was sufficiently so to disar
range our plans and delay our movements.
"I received the note of Avhich this article speaks within
half an hour after it was written, made the attack as
soon as possible and gained some advantage, but did not
succeed in driving them back across the river.
"A heavy force crossed the river to my right, which
was met and resisted by Van Cleve and Wilder and the
new and large regiment, the 75th Indiana, then com
manded by the gallant soldier, Colonel Milton S. Robin
son, afterward promoted by his fellow-citizens to a high
judicial place, which he left vacant by his untimely and
lamented death.
"It is certain that General Bragg had not anticipated
the movement of Thomas's column so far to our left, nor
the attack of my division as early as it was made, on
the 19th of September, for, in the orders issued by him
on September 18, 1863, he directed that 'Johnston's col
umn, on crossing at or near Reed's bridge, will turn to
the left by the most practicable route and sweep up the
Chickamauga by Lee and Gordon's mill.' It was this
force that I attacked, and, according to the story I have
read, defeated all the movements of Confederate forces
contemplated by that order. It may be interesting, too,
to mention that, at the close of the first day's battle, it
was certain that the Union forces had firm possession of
the Chattanooga road. The second day's battle com
menced between eight and nine o'clock on Sunday, the

572 THE STORY OF AN EARNEST LIFE.
20th day of September, by an attack upon Baird's divis
ion, which held our extreme left, and soon extended to
the right, covering the front of Johnston's division and
my OAvn, including that of Reynolds of the 14th Corps.
"The attack Avas made with wonderful energy, and
Avas resisted obstinately. It was repeated more than
once, and was finally repulsed. Men and officers on both
sides exhibited the highest degree of courage.
"An attempt Avas made by the Confederates to turn
our left, but they were driven back, and from that time
all Avas quiet on the left and on our immediate front.
"The country is familiar with the closing events of
the battle of Chickamauga, and with the mistaken, or
misunderstood, order given by General Rosecrans to Gen
eral Wood : 'Close up on Reynolds and support him.'
The attempt of General Wood to execute this order de
termined the result of the battle of Chickamauga — it
opened our lines to an adventurous Confederate attack.
I learned within a few moments, from the progress of
the Confederate fire, that our lines were broken ; very
soon after, I saAV on the mountain slope the advance of
the Union reserve, led by Granger, and I Avitnessed their
heroic efforts to restore the fortunes of the day.
"I ordered Hazen, with his brigade, to join them, and
I heard their volley when they went into the battle.
"Afterwards, under the orders of General Thomas, I
retired from the field. With all my comrades on that
field, I felt, and I now feel and believe, that but for the
unfortunate order given by Rosecrans to Wood, or the
unfortunate construction given by Wood to that order,
in regard to which I express no opinion, the Union
forces would have held the battle-field of Chickamauga.
Certainly men never fought more bravely, or even des
perately than did the men of both the armies on that
bloody and well contested field.
"From data Avhich I regard as reliable, but which I
have not verified, the Confederate army which took

DEDICATION OF CHICKAMAUGA PARK. 573
part in the battle of Chickamauga amounted to sixty
thousand five hundred and eighty-nine men ; its loss was
in killed, one thousand seven hundred and ninety ;
wounded, eleven thousand one hundred and fifty-nine ;
missing, one thousand three hundred and eighty ; while
the strength of the Union army Avas fifty-seven thousand
eight hundred and forty ; and its loss in killed Avas one
thousand six hundred and fifty-six ; wounded, nine
thousand seven hundred and forty-nine ; missing, four
thousand seven hundred and seventy-four. These facts
demonstrate the desperate courage of the opposing
forces. Two armies of American soldiers, of the aggre
gate number of one hundred and eighteen thousand four
hundred and twenty-nine, suffered the loss of three thous
and four hundred and forty-six killed, twenty thousand
nine hundred and seven wounded. Without counting
the missing, the casualties of the two armies were more
than twenty per cent of the whole number engaged.
"We retired from the field defeated, it is true, but we
believed our reverse Avas the result of one of those un
avoidable accidents against which no courage or skill
could provide, and we were ready on the next day to
fight again with all the courage and confidence that we
felt on the nineteenth and twentieth of September.
"We retired to Chattanooga, and Avere pursued and
beleagured by the Confederates until November 25th,
Avhen the men who left the field of Chickamauga de
feated on September 20th, stormed Missionary Ridge,
and fully recovered the prestige of the national arms.
"My comrades and countrymen, I have thus told the
story of the battle of Chickamauga. It is brief, and
necessarily incomplete. Writers, some with historical
accuracy, and others, in the language of romance, have
told the tale of that bloody contest. No man can know
much of the events which did not occur in his immediate
presence on a field like this. We know the names of
but few of the fallen, but we can remember the courage
and gallantry of all who acted with us.

574 THE STORY OF AN EARNEST LIFE.
"I have said that the civil war was caused by the
sectional challenge to American manhood, and that chal
lenge was accepted, and foUowed by years of bloody and
desolating war. In that war the American people
learned to properly estimate each other, which is the
only foundation for harmonious, national unity. By that
war, the theory of the right of the states to secede from
the Union, was forever eradicated from our system of
national constitutional government. By that war, Af
rican slavery, which was the root of sectional bitterness,
and was one of the causes or pretexts for national con
troversy, was forever overthrown, and the flag of our
country became at once the emblem of freedom and the
symbol of national power. As the result of that war,
the constitution was maintained, and not subverted, and
the Union of the American people made perpetual. My
comrades, we who survive to this day, may well be
grateful to that Divine Being who guides the destiny of
nations, that we are permitted to see an established
Union ; a republic extending from the Atlantic to the
Pacific, and from the Lakes to the Gulf, and liberty
and law the all-pervading rule of our national life.
"We are here to-day, 'with malice toward none, and
charity for all ; ' we meet as citizens of a common
country, devoted to its interests, and alike ready to
maintain its honor, wherever or however assailed.
"To my comrades, you who were Confederate soldiers
during all the weary struggle of the civil war, I beg to
say that I was proud of your gallantry and courage. I
never allowed myself to forget that you were Americans,
freely offering your lives in the defense of what you be
lieved to be your rights and in vindication of your man
hood. "You are now satisfied that the result of the civil war
established the unity of the powerful American repub
lic ; you submitted your controversies with your fellow-
citizens, to the arbitrament of the battle-field, and you

DEDICATION OF CHICKAMAUGA PARK. 575
accepted the result with a sublime fortitude worthy of
all praise, and your reward is that peace and order are
restored, and the 'South' which you loved so well, and
for which you fought so bravely, now blossoms with
abundant blessings.

576 THE STORY OF AN EARNEST LIFE.

CHAPTER XXXV.
Resolutions and acceptance by the senate of the statue of Pere Mar
quette — My speech of acceptance — Unveiling of the Hancock me
morial statue.
On April 29, 1896, I offered the following resolutions
at the suggestion of the senators from Wisconsin :
"Resolved, by the senate (the house of representatives
concurring therein) , That the thanks of congress be
given to the people of Wisconsin for the statue of James
Marquette, the renowned missionary, explorer and dis
coverer of the Mississippi river.
"Resolved, That the statue be accepted, to remain in
the National Statuary Hall, and that a copy of these
resolutions, signed by the presiding officers of the senate
and house of representatives, be forwarded to his excel
lency the governor of the State of Wisconsin."
Following which resolutions I made the foUowing re
marks :
"Mr. President — The State of Wisconsin has selected
and presented to the United States, to be placed in the
'Hall of Heroes,' the statue of Jacques (or James) Mar
quette. It will, when accepted, take its place among
the marble and bronze representations of the great men
selected by the states as their ideals of lofty characteris
tics and noble deeds. No state has chosen better than
Wisconsin in selecting Pere Marquette as the representa
tive of courage, resolution and devotion to the elevation
of humanity.
"Mr. President, mankind honors heroes, and the his
tory of our race in all ages exhibits the universal dispo
sition to honor names ennobled by the possession and
exhibition of great qualities. Eminent soldiers are
oftenest the objects of popular regard and adulation,

PERE MARQUETTE— HANCOCK STATUE. 577
and it is to great commanders we are ready to attribute
highest qualities.
"The public grounds of this magnificent city afford
abundant proof of the truth of these reflections, for in
nearly all of them are to be found the statues of soldiers
who have won distinction — Washington, Lafayette,
Green, Jackson, Scott, and leaders who distinguished
themselves at later periods. Civil fame does not bear
such rich and generous fruit, though the qualities which
go to constitute greatness in military and civil life are
much the same.
"Washington and Jefferson, Jackson and Clay, Grant
and Lincoln, alike possessed great sagacity, exalted
courage, and, what is more impressive, if not more valu
able than either, unfaltering, unflagging resolution.
Sagacity, by which term I mean to include extraordinary
wisdom, often perceives and exaggerates danger. Cour
age is sometimes intermittent, while resolution, when
associated with the qualities I have mentioned, utilizes
both and gives them steadiness, persistent force, and
success when success is possible.
"Lincoln never commanded an army in the field, but
many of us know that his patient resolution, which
checked the desperate purposes of the rash and extrava
gant and supported the faltering and the timid, equaled
Grant, who would 'fight it out on that line if it took all
summer.' "James Marquette, whose history is brief, was, we
are informed, born in 1637, one hundred years before
the birth of our Washington. When about seventeen
years of age, he joined the Jesuits, evidently from mo
tives purely religious, and in 1666 he was sent to the
mission of Canada. His talent as a linguist must have
been great, for within a few years he learned to speak
six Indian languages. Parkman, whom I follow, says :
'A subtle element of romance was blended with the fer
vor of his worship, and hung like an illumined cloud
37

578 THE STORY OF AN EARNEST LIFE.
over the harsh and hard realities of his daily lot. Kin
dled by the smile of his celestial mistress, his gentle
and noble nature knew no fear. For her he burned to
dare and to suffer, discover new lands and conquer new
realms to her sway.'
"In the journal of his voyage, after referring to a
particular change made in his destination, he wrote : 'I
was the more delighted at this good news, because I saw
my plans about to be accomplished, and found myself in
the happy necessity of exposing my life for the elevation
of all these tribes, and especially of the Illinois, who,
when I was at Point St. Esprit, had begged me to bring
the Word of God among them.'
"He then made preparation for the expedition he was
about to undertake. The outfit of the travelers was
very simple. They provided themselves with two birch-
bark canoes and a supply of smoked meat and Indian
corn, embarked with five men, and began their voyage
on May 17, 1673. It is needless to describe the route of
the adventurous voyagers. They reached the Wiscon
sin ; they discovered and descended the Mississippi
river, passing the mouths of the Illinois, the Missouri,
the Ohio and the Arkansas. Without weapons of de
fense, they visited tribes of turbulent and ferocious sav
ages, armed only with the sublime doctrine of 'peace on
earth, goodwill to men.' His efforts for the civilization
of the savages he visited proves his boundless benevo
lence. "The story of his death and burial by the shore of
Lake Michigan is full of pathos. 'His comrades,
knowing his death to be near, built a shed of bark for
his protection. With perfect cheerfulness and com
posure he gave directions for his burial. ... At
night, seeing they were fatigued, he told them to take a
rest, saying he would call them when he felt his time
approaching. Two or three hours after, they heard a
feeble voice, and hastening to his side found him at the
point of death. He expired calmly, murmuring the

PERE MARQUETTE— HANCOCK STATUE. 579
names of Jesus and Mary, with his eyes fixed upon the
crucifix which one of his followers held before him.'
"They dug a grave beside the hut, and there buried
him according to the directions he had given. Whether
his remains rest where they Avere placed by the hands of
his comrades, or were removed to St. Ignace, is perhaps
uncertain ; but whatever may be true in that respect,
the gentle breezes of the lake sing his requiem, and we
may hope that a spirit so pure and gentle, and yet so
brave and resolute, rests where peace aboundeth for
ever. "Mr. President, Father Marquette was a priest; — I do
not hesitate to speak of him by that respectful title — was
an explorer and an apostle to all the tribes and peoples
he might discover. He combined the courage and reso
lution of Paul and Judson and of Brainerd, with the
gentleness of John and the humanity of Damien, who
gave his life to the service of the lepers. He had more
of courage and resolution than a soldier, for without in
tending to resist the dangers he might encounter, he
met the threats of savages without fear, inspired with
love for them and an eager desire to promote their tem
poral and eternal welfare.
"Mr. President the State of Wisconsin has selected
this marble representation of this remarkable man as its
contribution to the Hall of Statuary, The selection is
one worthy to be made, and the statue of Pere Marquette
will stand in that hall, surrounded by other statues rep
resenting men whose names will not die or be forgotten
while respect and veneration for true manhood survive.
"I hope it will not degrade or even lower the dignity
of this occasion if I should say that I do not assent to
Roman Catholic theories of ecclesiasticism, but I would
despise myself if the garb of a priest of that church
could hide from my view the noble, resolute, devout
Christian hero within."
In May, 1869, by request of the secretary of war, I

580 THE STORY OF AN EARNEST LIFE.
delivered the oration at the unveiling of the Hancock
Memorial Statue, Washington, D. C, May 12, 1896.
"Mr. President and Gentlemen — According to the
terms of my invitation, I am to deliver a 'short oration'
in connection with these dedicatory services.
"When I accepted this invitation I promised myself
an easy task, for I had met Lieutenant Winfield Scott
Hancock in St. Louis more than forty years ago, and
was then impressed by his soldierly appearance and his
pleasant, genial manners.
"I again met him after he had won such rare distinc
tion, that he was empowered by the war department to
raise a special veteran corps.
"I had watched his course during the civil war with
profound interest, and I had formed the most favorable
opinion of his soldierly qualities. Influenced by con
siderations like those I have mentioned, and by sincere
reverence for the memory of him whose statue is to be
unveiled to-day, I accepted the duty. It has been no
doubt observed by others, but it did not occur to me at
the moment, that the life and service of General Hancock
was better known to the American people than are those
of any other of the great soldiers who won distinction
during the civil war.
"So much has been written and spoken of his great
achievements that what I will be able to say to-day, will,
I fear, sound to my audience like an imperfect echo of
what has often been better told.
"The domestic and social phases of the life of General
Hancock have been described by that biographer whose
delightful story commences at the time she became his
Avife. She shared much of his barrack and tent life.
She folloAved the sagacious advice of Major, afterwards
General, Robert E. Lee, which she quotes, and accom
panied her husband to California.
' ' She describes the main incidents of their voyage and
of their long residence upon the Pacific coast. She

PERE MARQUETTE-HANCOCK STATUE. 581
studied the character of her husband, and with intel
ligent, wifely intuition she came to understand him as
others did afterwards. She says : 'He understood him
self. The talents and acquirements of a professor at
West Point did not belong to him. He required broader
fields for his nervous, energetic character, otherwise his
profession would have become irksome and profitless.'
"So much of his correspondence with her as she has
given to the Avorld shows how much he loved and con
fided in her, and when she speaks of him as a husband
and a father she is eloquent, and often pathetic.
"The military qualities of General Hancock are well
known to the country. The story of his brilliant serv
ices has been told in detail by biographers, but General
Grant has condensed his real character and reputation
in a few sentences : 'Hancock stands the most conspicuous
figure of all the general officers who did not exercise a
separate command. He commanded a corps longer than
any other one, and his name was never mentioned as
having committed in battle a blunder for which he was
responsible. He was a man of very conspicuous per
sonal appearance. His genial disposition made him
friends, and his personal courage and his presence with
his command in the thickest of the fight Avon for him
the confidence of the troops serving under him.'
"It would not be just to the memory of the dead or to
the well-founded fame of the surviving officers of the
Army of the Potomac to say that General Hancock ex
ceeded them all in the possession of high, soldierly
qualities. He commanded brigades, divisions and army
corps with brilliant success, but he understood himself
so well that he never aspired to the command of that
great army. 'Know thyself is one of the wisest and
most useful of all of the proverbial injunctions, and
General Hancock observed and obeyed it.
"I have already mentioned one incident, related by
Mrs. Hancock, which illustrates the thoroughness of his
self-knowledge. He knew he could command men.

582 THE STORY OF AN EARNEST LIFE.
'His personal courage and his presence with his com
mand in the thickest of the fight won for him the con
fidence of the troops serving under him.' He could
command men, and, in addition, had a quick eye for a
battlefield. Both these strong points in his character
are established by the story of his appearance in the
field on the first day of the battle of Gettysburg. One
of his biographers writes : 'Beautiful as that landscape
appears to the eye of the peaceful traveler it is now a
scene of terror, strewn with the dead and dying and
with the wreck of battle. More painful still to witness
are the disorderly groups of fugitives hurrying from the
field or skulking behind cover.
"Down the Baltimore road to the rear pours a stream
of panic-stricken men, mixed up with led horses, artil
lery, ammunition wagons and ambulances loaded with
the wounded.
"In front, across the valley, Seminary Ridge, on
which had occurred the sanguinary battle of the morn
ing, is bristling with the battalions and batteries of
Hill's corps ; while Ewell, having seized the town with
his right, is extending his left to grasp Culp's Hill,
from which he would command the road to Baltimore.
"To hold Cemetery Hill thus threatened there is a
single brigade, not yet engaged, that of Colonel Orlando
Smith, about one thousand strong, Avhich had been left
in reserve when Howard went forAvard to support
Reynolds. "Here and there remnants of other brigades have
halted, unAvilling to retreat farther, surveying with
gloomy apprehension the fast-gathering masses of the
Confederates. "To the left, down the crest of Cemetery Ridge, the
broken bands of the 1st Corps, which have done tran
scendent soldierly service during the long hours of
the day, stand firmly in their place, to keep their posi
tion for which they had made such awful sacrifices.
"In front of them, and still further to the left, is the

PERE MARQUETTE— HANCOCK STATUE. 583
one inspiring feature of the scene, Buford's splendid
division of cavalry, drawn up in line of battalions, en
masse unshaken and undaunted in the face of Confederate
infantry. "Upon this field of wreck and disorder appears Han
cock. "And, as the sun shining through a rift in the clouds
may change a scene of gloom to one of beauty, so the
coming of this prince of soldiers brings life and courage
to all.
"At this call the braver spirits flamed to their height ;
the weaker souls yield gladly to the impulse of that pow
erful, aggressive, resolute nature.
"At once the doubtful halt on Cemetery Hill is trans
formed into the confident assumption of a new line of
battle ; the fearful stream adown the Baltimore road is
peremptorily stopped ; shattered regiments, as they
reach the hill, are reformed ; on every side men seek
their colors with alacrity ; commanders rectify their
lines ; ammunition is brought up ; troops are sent to oc
cupy Culp's hill ; threatened by Ewell's divisions, skir
mishers are thrown out on the front and right, batteries
are planted along the crest, every position of advantage
is occupied with the bravest show of force that can be
made, with a view to deterring the enemy from attack
ing, until re-enforcements, now rapidly approaching the
field, shall arrive.
" . . . An hour had sufficed to make a great change
within the Union lines ; a vastly greater change as seen
from the enemy's ground.
"Though not a man besides Hancock and his staff had
come upon the field since Seminary Ridge was lost, Lee
hesitated to give the order to attack positions naturally
strong, which appeared to have been suddenly occupied
by fresh troops, so brave was the show of force every
where made.
"He instructed Ewell to feel our line on its right, but

584 THE STORY OF AN EARNEST LIFE.
not to bring on a general engagement. That delay saved
the field of Gettysburg to the Union arms.
"I have said that Hancock had 'an eye for a battle
field.' The terms I use are not technical, but they de
scribe a quality in an officer that every practical soldier
understands. It has its application to a field like that of
Gettysburg, and in a less degree to that of Chickamauga.
At Gettysburg, portions of two great armies suddenly
and unexpectedly collided. The Confederate forces were
of necessity aggressive, while the Union army could
accomplish its proposed results by a successful defensive
battle. "When he reached Gettysburg, Hancock found the
position held by the Union forces menaced by startling
dangers. At a glance, he saw the advantages of the
position, and boldly resolved that there the great battle
should be fought to determine the fate of the continent.
"The Confederate general invaded Pennsylvania for
the purpose of relieving his own people from the strain
of a Union army constantly menacing Richmond and
producing discouragement throughout the South, and
the prestige to be given the Confederate arms abroad.
"It was, at that stage of the war, a bold resolution,
which nothing but positive success could vindicate. If
the invasion was successful even to the extent contem
plated by Lee, it might have resulted in the overthrow
of the Union, but that is not probable, for the resources
of the Northern States were far from exhausted. If it
failed, as it did, the cause of the Confederacy would be
ruined. It may be that General Lee felt that defeat,
and, as Longstreet intimates, ordered the final charge at
Gettysburg from feelings of sheer desperation.
"To be great, is to be equal to the requirements of
great occasions, and it is to the skill, the courage and
the resolute coolness of Hancock that Gettysburg was
selected as a battlefield, and it is to the officers of all
ranks and grades, and to the hardy, resolute courage of

PERE MARQUETTE— HANCOCK STATUE. 585
the private soldiers of many states, that the country owe
the crushing repulse of the Confederate forces.
"I will not intrude myself into the invidious office of
inquiring whether General Hancock possessed all the
qualities which are by universal consent conceded to
other great commanders. It is enough to say for him,
that he was great, according to that best definition of
greatness, 'he comprehended and seized great oppor
tunities.' "Mr. President — It is a source of satisfaction to every
patriotic mind that the fame of General Hancock is
cherished in all portions and sections of these now per
fectly United States. No Confederate soldier envies the
honors paid his memory to-day. They may compare
him with Jackson, Avhose greatness as a corps commander
is recognized, and of whose fame every American who
has the instincts of a soldier is proud. They may find
in the long list of Confederate officers, soldiers, some of
their great names, who, in their estimation, is the equal
of Hancock, but they respected him while he lived, and
honor his memory now that he is dead.
"Mr. President, our civil war had its origin in oppos
ing opinions, entertained in different states, of the rela
tive powers of the federal government and of the states.
There were also irreconcilable social and industrial con
ditions, and the challenge of the two great sections of
the Union, addressed to the manhood of each other.
"The suppression of the doctrine of the right of any
of the states to secede from the union at pleasure, and
abolition of slavery, fully compensated the American
people for the enormous sacrifices of blood and treasure
to secure those ends. But the war had another benefi
cent consequence, without which the suppression of the
theory of the constitutional right of the states to secede
from the Union and the abolition of slavery would have
been comparatively valueless. The war settled not only
the quality, but the equality, of American manhood.
"I cannot say with absolute confidence that it was the

586 THE STORY OF AN EARNEST LIFE.
southern misconception of the martial qualities of the
people of the northern states which caused them to ac
cept, if not to invite, war for the adjustment of the pend
ing national controversies.
"Whatever influence an impression unfavorable to
northern valor may have had upon the people of the
South, their orators and writers often expressed their
belief that northern men were destitute of courage and
would not fight.
"We in the West always intended, in the language of
the times, to 'cut our way to the gulf,' and that the Mis
sissippi river should 'flow unfettered to the sea.' But
how about the men of the East — the 'Yankees' — would
they fight for the defense of the Union?
"Later, after the name was baptized in the blood of
the New England regiments on every field where they
fought, and was glorified by their valor, every soldier
accepted it and wore it with pride.
"After Donelson, Shiloh, Murfreesboro and Chicka
mauga in the West, and the numerous battles in the
East — including Gettysburg, the crowning struggle of
the war, there remained no doubt but that Americans of
all sections — North and South, East and West: — were
equally hardy, equally brave, and equally ready to offer
their lives in defense of their convictions of right.
Now that we have ceased to struggle against each other,
we knoAV with absolute confidence that the men of every
section and all parts of the great Republic are equally
patriotic and alike willing and ready to defend the in
tegrity of the Union and the honor of the nation against
all and every foe. Americans of all sections and of all
parts of one common country now know, respect, and
confide in each other, and we will transmit that senti
ment of respect and confidence to our children, which
will afford a sure guaranty for internal peace and the
defense of national honor. But at the beginning of the
strife between the sections, the officers of the army were
embarrassed by difficulties of an altogether different

PERE MARQUETTE— HANCOCK STATUE. 587
character. For the most part, they had been educated to
gether in the national military school. They knew each
other well, and none of them doubted the courage or reso
lution of the others. They Avere citizens of different
states, and some of them were overcome by the delusion
that their paramount allegiance was due to the state of
their birth or of their domicile. When I characterize the
theory of primal allegiance to the states as a delusion, I
confess that the embarrassments of the army officers
born in the seceding states were cruel.
"Mrs. Hancock tells the tale. She writes : 'It is Avith
sadness that I revert to those days of trial, Avhen the
hearts of some of our gallant officers were torn almost
asunder by the conflicting passions of fidelity to their
country and their state, the sovereignty they were edu
cated to believe superior to all others. Full allowances
must be made for the brave men of the South, who Avere
as honest in their convictions as the bravest on the side
of the Union.
" 'Many conferences were held in our house in Los
Angeles between my husband and southern officers, who
were urged by their relatives and friends to resign their
commissions and offer their services to their own states,
as otherwise they would be regarded as renegades
throughout the South.
"They sought the advice of my husband, hoping to
receive from him some comfort or encouragement, but
he could give none, and would say to those dear friends,
Armistead, Garnett, Picket, and a host of others whom
he loved : 'I can give you no advice, as I shall not fight
upon the principle of state rights, but for the Union,
whole and undivided, as I do not and will not belong to
a country formed of principalities. I cannot sympa
thize with you : you must be guided by your own con
victions, and I hope you will make no mistakes.'
"The war very soon assumed the apparent aspect of
a struggle between rival governments supported by sub
stantially the whole population of the opposing sections

588 THE STORY OF AN EARNEST LIFE.
of the Union. If some of the officers of the army erred
even to a criminal extent, it must not be forgotten that
their homes were threatened Avith invasion, and they only
shared the fortunes of those they loved.
"Mr. President, we stand in the presence of this ap
propriate monument of a hero. We do all we can to
perpetuate his fame, conscious as we are that as the
centuries recede, his great name will be less and less
known and less and less frequently mentioned.
"The great Napoleon, realizing that though the fame
of his deeds then filled the world, said near the last :
'Ten centuries from now all that I have done will be
condensed into ten pages of history.'
"We know too, that —
'The cloud-capped towers, the gorgeous palaces,
The solemn temples, the great globe itself ;
Yea, all which it inherit, 6hall dissolve,
And, like this insubstantial pageant faded,
Leave not a rack behind.'

'But-

'No pyramids set off his memories,
But the eternal substance of his greatness,
To which I leave him.' "

NATIONAL CONVENTIONS OF 1896. 589

CHAPTER XXXVI.
The meeting of the Democratic state committee — Democratic leader
ship — Douglas — Pendleton — Democratic convention of 1892 — Demo
cratic convention of 1896 — Money planks in all of the platforms.
The Democratic state committee assembled in Spring
field on April 5, 1892, and after some opposition on the
part of Mr. Adams A. Goodrich, a member from Cook
county, and Mr. Wm. S. Forman, a member of the com
mittee who resided in East St. Louis, and others, fixed
a date for a convention to be held in Springfield, on
June 5th thereafter.
The purpose of the convention was to pledge the
Democratic party to the free coinage of silver on the
ratio of "sixteen of silver to one of gold, Avith the legal
tender quality for all debts public and private."
The convention met and proceeded to pass resolutions
committing the party to the "free coinage of silver." It
was called a "snap" convention, because it took the
party by surprise, and because it was wholly unneces
sary. Douglas led the party to the "repeal of the
Missouri Compromise," and lost the state ; the Chicago
convention, in 1864, committed the country to the peace
policy, and, under the leadership of Mr. Geo. H. Pendle
ton, the party was committed to the taxation of the bonds
of the United States, issued to carry on the war against
the rebellion, and to pay them off in the legal tenders
issued by the government, and refused to endorse the
abolition of slavery by executive order, and now it was
the purpose of the weak leaders to commit the party to
the free silver idea.
No one pretended that it was not the purpose of the
Democratic convention to make the free coinage of silver
one of the articles of the creed of the party, and to en-

590 THE STORY OF AN EARNEST LIFE.
hance the price of silver by legislation, which was the
worst form of protection.
In the course of my senatorial term I had fully com
mitted myself to the gold standard of values. I had
argued in the senate that the establishment of silver
coinage on the ratio of sixteen to one, with enforced
legal tender quality would cause gold, as the most
precious metal, to disappear from circulation. Silver
was then worth but sixty-eight cents an ounce, as com
pared with gold at one dollar and twenty-nine cents.
I insisted that the proposition of Mr. Cockerell, of
Missouri, that "silver would rise some and gold would
fall some," was illogical and untenable, because the ex
perience of mankind was that gold would escape to
where it was properly valued, and that it would be prac
tically to establish silver as the only metal of circula
tion. I argued that the educational funds, which were
established by law and by the benevolence of liberal
persons, would be reduced in value, and that the burden
would fall upon the most helpless classes.
The Democratic convention had in 1892 denounced
the Republican legislation known as the Sherman Act
of 1890 as a "coAvardly makeshift," fraught with possi
bilities of danger in the future which should make all
of its supporters, as well as its author, anxious for its
repeal. The convention also resolved that: "We hold to the
use of both gold and sUver, without discrimination
against either metal or charge for mintage, but the dol
lar unit of coinage of both metals must be of equal in
trinsic and exchangeable value, or be adjusted through
international agreement, or by such safeguards or legis
lation as shall insure the maintenance of the parity of
the two metals, and the equal power of every dollar at
all times in the market and in the payment of debts ;
and Ave demand that all paper currency shall be kept at
par with and redeemable in such coin."
The free coinage of silver was an experiment, and

NATIONAL CONVENTIONS OF 1896. 591
proposed to raise the value of silver for the purposes of
coinage to one dollar and twenty -nine cents an ounce,
Avhich was the price of gold. I regarded this as impos
sible and thought that the legal standard of values
would be depreciated. I had said in my speech at Fair
field, Wayne county, when a candidate for the senate,
that I was in favor of the free coinage of silver if it
could be done without depreciating the standard of
values. I was therefore fully committed to the Demo
cratic platform of 1892. Under the influence of these
convictions, on June 20, 1894, I wrote the letter to Mr.
Webb, which I have given.
The so-called Democratic convention which met in
Chicago in 1896 nominated for the presidency William
J. Bryan, of Nebraska, and for the vice-presidency,
Arthur Sewall, of Maine. Its platform declared :
"Recognizing that the money question is paramount
to all others at this time, we call attention to the fact
that the federal constitution names silver and gold to
gether as the money metals of the United States, and
that the first coinage law passed by congress under the
constitution made the silver dollar the monetary unit,
and admitted gold to free coinage at the ratio placed
upon the silver dollar unit.
"We declare that the act of 1873, demonetizing silver
without the knoAvledge and approval of the American
people, has resulted in the appreciation of gold and a
corresponding fall in the price of commodities produced
by the people, a heavy increase in the burden of taxa
tion, and of all debts, public and private ; the enrich
ment of the money-lending classes at home and abroad ;
the prostration of industry and the impoverishment of
the people.
"We are unalterably opposed to the monometallism
which has locked fast the prosperity of an industrious
people in the paralysis of hard times. Gold monometal
lism is a British policy, and its adoption has brought
other nations into financial servitude to London. It is

592 THE STORY OF AN EARNEST LIFE.
not only un-American, but an ti- American, and it can be
fastened on the United States only by the stifling of
that spirit and love of liberty Avhich proclaimed our po
litical independence in 1776 and won it in the war of the
Revolution. "We demand the free and unlimited coinage of both
silver and gold at the present legal ratio of sixteen to
one, without waiting for the aid or consent of any other
nation. "We demand that the standard silver dollar shall be
of full legal tender equally with gold for all debts, pub
lic and private, and we favor such legislation as will
prevent for the future the demonetization of any kind of
legal tender money by private contract.
"We are opposed to the policy and practice of surren
dering to the holders of obligations of the United States
the option reserved by law to the government of re
deeming such obligations in either silver coin or gold
coin. "We are opposed to the issuing of interest-bearing
bonds of the United States in time of peace, and con
demn the trafficking Avith banking syndicates which in
exchange for bonds at an enormous profit to themselves
supply the federal treasury with gold to maintain the
policy of gold monometallism."
The National Silver Party of America assembled in
St. Louis and adopted the folloAving declaration of
principles. Its nominees for president and vice-presi
dent were Bryan and Sewall, the same as the so-called
Democratic party, and resolved that :
"The paramount issue at this time in the United
States is indisputably the money question. It is be
tween the British gold standard, gold bonds and bank
currency on the one side and the bimetallic standard, no
bonds, government currency (an American policy) on
the other.
"On this issue we declare ourselves to be in favor of a
distinctively American financial system. We are un-

NATIONAL CONVENTIONS OF 1896. 593
alterably opposed to the single gold standard and de
mand immediate return to the constitutional standard
of gold and silver, by the restoration by this govern
ment, independently of any foreign power, of the un
restricted coinage of both gold and silver into standard
coin at the ratio of sixteen to one, and upon terms of
exact equality, as they existed prior to 1873 ; the silver
coin to be of full legal tender equally with gold for all
debts and dues, public and private, and we demand
such legislation as will prevent for the future destruc
tion of the legal tender quality of any kind of money by
private contract.
". . . The demonetization of silver in 1873 enor
mously increased the demand for gold, enhancing its
purchasing power and lowering all prices measured by
that standard. And since that unjust and indefensible
act the prices of American products have fallen upon an
average of nearly fifty per cent, carrying down with
them proportionately the money value of all other forms
of property."
The Populist National Convention met at St. Louis on
July 22, 1896, and nominated for president of the United
States William J. Bryan, and for vice-president Thomas
Watson. I give below the money plank of their plat
form : '
"We demand a national money, safe and sound, issued
by the general government only, without the interven
tion of banks of issue, to be full legal tender for all
debts, public and private ; a just, equitable and efficient
means of distribution direct to the people and through
the lawful distribution of the government.
"We demand the free and unrestricted coinage of
silver and gold at the present legal ratio, of sixteen to
one, without waiting for the consent of foreign nations.
"We demand the volume of circulating medium be
speedily increased to an amount sufficient to meet the
demands of the business and population of this country,
38

594 THE STORY OF AN EARNEST LIFE.
and to restore the just level of prices of labor and pro
duction. . . .
"We demand such legislation as will prevent the de
monetization of the lawful money of the United States
by private contract.
"We demand that the government, in payment of its
obligations, shall use its option as to the kind of lawful
money in which they are to be paid, and we denounce
the present and preceding administrations for surrender
ing its option to the holders of government obliga
tions." The Republican National Convention was held at St.
Louis in 1896 and nominated for president and vice-
president William McKinley and Garrett A. Hobart.
The financial plank of their platform was the following :
"The American people from tradition and interest
favor bimetallism, and the Republican party demands
the use of both gold and silver as standard money, with
such restrictions and under such provisions, to be deter
mined by legislation, as will secure the maintenance of
the parity of values of the two metals, so that the pur
chasing and debt paying power of the dollar, whether
of gold, silver or paper, shall be at all times equal. The
interests of the producers of the country, its farmers and
its workingmen, demand that every dollar, paper or
coin, issued by the government shall be as good as any
other. We commend the wise and patriotic steps al
ready taken by our government to secure an inter
national conference to adopt such measures as will in
sure a parity of value between gold and silver for use as
money throughout the world."
The National Democratic Convention assembled at
Indianapolis on September 2, 1896, and I addressed the
convention .
"Gentlemen, I have the honor for a moment to pre
side over the first National Democratic Convention held
in the year 1896. The gavel will be in my hand but a
moment. We are assembled here for lofty, noble and

NATIONAL CONVENTIONS OF 1896. 595
patriotic purposes. Our earnest desire is to serve our
country, and in the sincerity of that earnest purpose Ave
may appeal to the Judge of all hearts. We may appeal
to the Great Master, to the Great Governor, and I beg
of you hoav to listen to an invocation from Bishop White,
of the Diocese of Indiana."
. . . The convention adopted the following plat
form with regard to the financial issues :
"This convention has assembled to uphold the prin
ciples upon which depend the honor and welfare of the
American people ; in order that Democrats throughout
the Union may unite their patriotic efforts to avert dis
aster to their country and ruin from their party.
" . . . The declarations of the Chicago conven
tion attack individual freedom, the right of private con
tract, the independence of the judiciary and the authoriy
of the president to enforce federal laAvs. They advocate a
reckless attempt to increase the price of silver by legis
lation to the debasement of our monetary standard, and
threaten unlimited issues of paper money by the govern
ment. They abandon for Republican allies the Demo
cratic cause of tariff reform, to court the favor of pro
tectionists. In vieAV of their fiscal heresy and other
grave departures from Democratic principles, we cannot
support the candidates of that convention, nor be bound
by its acts. The Democratic party has survived many
defeats, but could not survive a victory won in behalf of
the doctrine and policy proclaimed in its name at Chi
cago. . . . We arraign and condemn the populistic
conventions of Chicago and St. Louis, for their co-opera
tion with the Republican party in creating these conditions
which are pleaded in justification of a heavy increase of
the burdens of the people by a further resort to protec
tion. We therefore denounce protection and its ally,
free coinage of silver, as schemes for the personal profit
of a few at the expense of the masses, and oppose the
two parties which stand for these schemes as hostile to
the people of the republic whose food and shelter, com-

596 THE STORY OF AN EARNEST LIFE.
fort and prosperity, are attacked by higher taxes and de
preciated money. In fine, we affirm the historic Dem
ocratic doctrine of tariff for revenue only. . . . The
experience of mankind has shown that by reason of their
natural qualities, gold is the necessary money of the
large affairs of commerce and business, while silver is
conveniently adapted to minor transactions, and the
most beneficial use of both together can be insured by
the adoption of the former as a standard of monetary
measure and the maintenance of silver at a parity with
gold by its limited coinage under suitable safeguards of
law. Thus the largest possible enjoyment of both
metals is gained with a value universally accepted
throughout the world, which constitutes the only prac
tical bimetallic currency, assuring the most stable stand
ard, and especially the best and safest money for all Avho
earn tlieir livelihood by labor or the product of hus
bandry. They cannot suffer when paid in the best
money knoAvn to man, but are the peculiar and most de
fenseless victims of a debased and fluctuating currency,
which offers a continual profit to the money changer at
their cost.
"Realizing these truths, demonstrated by long public
inconvenience and loss, the Democratic party, in the in
terest of the masses, and equal justice to all, practically
established by the legislation of 1834 and 1853 the gold
standard of monetary measurements, and likewise en
tirely divorced the government from banking and cur
rency issues. To this long established Democratic
policy Ave adhere, and insist upon the maintenance of
the gold standard, and of the parity of every dollar
issued by the government, and are firmly opposed to the
free and unlimited coinage of silver and the compulsory
purchase of silver bullion. But we denounce also the
further maintenance of the present costly patch-work
system of the national paper currency as a constant
source of injury and peril.
"The fidelity, patriotism and courage with which

NATIONAL CONVENTIONS OF 1896. 597
President Cleveland has fulfilled his great public trust,
the high character of his administration, its wisdom and
energy in the maintenance of civil order and the enforce
ment of law, its equal regard for the rights of every
class and every section, its firm and dignified conduct of
foreign affairs, and its sturdy persistence in upholding
the credit and honor of the nation, are fully recognized
by the Democratic party, and will secure to him a place
in history beside the fathers of the republic. . . .
"The Democratic party ever has maintained and
ever will maintain the supremacy of the law, the inde
pendence of its judicial administration, the inviolability
of contract and the obligation of all good citizens to re
sist every illegal trust, combination and attempt against
the just rights of property and the good order of society,
in Avhich are bound up the peace and happiness of our
people." At this convention, I was nominated as a candidate
for the presidency, and General Simon Boliver Buckner
was selected as the candidate for the vice-presidency.
At the Auditorium building, in the city of Louisville,
Kentucky, on the 12th day of September, 1896, we were
formally notified of our candidacy to the presidency and
vice-presidency, by Senator Caffery, of Louisiana, and
Colonel John R. Fellows, of New York, who has since died.
Previous to that time, letters had been received from
President Cleveland and Secretary Carlisle, and other
prominent Democrats, approving the platform and re
asserting the principles of the party. In my speech of
acceptance, I said, concerning the declarations of the
Indianapolis convention :
"Its platform asserts truths which can be demonstrated,
and it correctly defines Democratic principles. It asserts
that the Democratic party is pledged to equal and exact
j ustice to all men of every creed and condition ; to the
largest freedom of the individual consistent with good
government ; to the preservation of the federal govern
ment in its constitutional vigor, and to the support of

598 THE STORY OF AN EARNEST LIFE.
the states in all their just rights ; to economy in the public
expenditures ; to the maintenance of the public faith and
sound money ; and it is opposed to paternalism and all
class legislation. It also asserts that the declaration of
the Chicago convention attacks individual freedom ; the
right of private contract ; the independence of the judi
ciary, and the authority of the president to enforce fed
eral laws. They advocate a reckless attempt to increase
the price of silver by legislation, to the debasement of
our monetary standard, and threaten the unlimited issue
of paper money by the government ; they abandon, for
Republican allies, the Democratic cause of tariff reform,
to court the favor of protectionists to their fiscal heresy.
It then asserts with earnestness, and in terms which will
not satisfy those who assert it, to be the duty of a Dem
ocrat to 'first vote the ticket, and then read the plat
form.' That, in view of these and other grave depart
ures from Democratic principles, we cannot support the
candidates of that convention, nor be bound by its acts.
. . . The advocates of the free coinage of full legal-
tender silver do not agree as to what will be the conse
quences of the adoption by the United States of their
favorite measure. The more intelligent know that it is
impossible by law to give to silver bullion, or silver coin,
a local value in the United States, and, therefore, Mr.
Bryan, who must be regarded as the official interpreter
of the free-silver dogma, asserts his belief that the un
limited coinage of legal-tender silver by the United States
alone would increase the value of silver bullion, which
to-day is worth sixty-seven cents per ounce to one dollar
and twenty-nine cents, and he asserts his belief that
under unlimited coinage the silver dollar containing four
hundred and twelve and one-half (412£) grains standard
silver, coined by the authority of the United States,
would be of equal acceptability and value with the dollar
containing twenty-five and eight-tenths (25.8) grains of
standard gold in all the markets of the world. It is
something that this opinion has no support in the experi-

NATIONAL CONVENTIONS OF 1896. 599
ence of mankind. It is enough for present purposes to
say it has no foundation other than the confident asser
tions of those who share in that belief. No party in the
country ever undertook so much as do the advocates of
the unlimited coinage of silver. They not only under
take to maintain the commercial parity in value of about
four hundred and thirty thousand five hundred and two
dollars and forty-one cents silver ($434,502.41) already
coined by the United States under the authority of the
acts of February 28, 1878, and of July 19, 1890, and of
all the silver dollars that hereafter may be coined, but
they assume the task of advancing the value of the silver
coin of all the nations of the world to an equal accepta
bility and value with coins of gold. If the expectations
of such of the advocates of free coinage of silver are
realized, it would be difficult upon their own premises
to perceive what would be gained by cheap money. Ac
cepting their claim, that under free coinage the dollar of
silver would become of equal acceptability and value,
and equal power in the markets and in the payment of
debts throughout the civilized world, the silver dollar
would then be as difficult to procure as the gold dollar
now is. They claim now that the dollar of gold has
too much purchasing power, and is too difficult to
obtain. "But the real expectation of the great body of the sup
porters of the free coinage of silver, and one much more
in harmony with the experience of mankind, is, that the
unlimited coinage of silver would give to the country a
depreciated and cheaper dollar, which would enhance
nominal values and be used in the payment of debts, but
would be attended and followed by the ruin of all indus
tries, the destruction of public and private credit, and
irreparable mischiefs.
"Our platform commits us to the maintenance of the
Democratic faith. Many of our associates, deluded by
deceptive sophistries, are supporting a coalition which
disavows the traditional faith of the Democratic party.

600 THE STORY OF AN EARNEST LIFE.
The best we can hope for them is that they may be de
feated, and when defeated, that they may return to the
safe paths that they have heretofore trodden."
After having been notified of our nomination, I re
turned to Springfield and remained until later in the
month, when I met General Buckner in New York City.
We addressed a large audience in Madison Square Gar
den. Accompanied by several leading Gold Democrats,
I went to Brooklyn, and there spoke upon the issues of
the day. We again addressed the people in Baltimore
and Philadelphia. I then returned to my home, stop
ping for a few days in Washington with my daughter,
Mrs. E. G. Crabbe.

ANNIVERSARY AT GALESBURG. 601

CHAPTER XXXVII.
Visit to Galesburg— Address on Lincoln and Douglas— Met General
Buckner at Chicago— Begin the canvass— Home of Don Dickinson-
Visit Cincinnati.
On October 7, 1896, 1 visited Galesburg, and with
Mrs. Palmer was hospitably entertained by Mrs. Philip
S. Post, who, Avith her son and daughter, gave us a
hearty welcome. Mrs. Post was the widow of the for
mer member of congress from that district, who was also
colonel of the 59th Illinois Infantry, which had played
so important a part in the battle of Chickamauga. My
visit to Galesburg was by invitation of President Finley,
of Knox College. The occasion was commemorative of
the great debate between Lincoln and Douglas, Avhich
occurred on the same platform and on the same day in
1858. Amongst those upon the platform were Robert T.
Lincoln, Hon. Chauncey Depew, General Clark E. Carr
and Dr. Newton Bateman, who soon after passed from
this world, where he had lived a long and useful life,
beloved by all who knew him.
Addresses were made by Robert Lincoln and Mr.
Depew. My own was a comparison of the two great
leaders, which is given below :
"Oration op Hon. John M. Palmer, Delivered at
Galesburg, III., October 7, 1896.
"It is too early even now for an impartial review of
the great debate, which commenced at Ottawa on the
21st of August, and was continued at Freeport on the
27th, at Jonesboro on the 15th of September, at Charles
ton on the 18th of the same month, at Galesburg, October
7th, Quincy, October 13th, and Avhich ended at Alton on
October 15, 1858.
"The places I have mentioned were the mere points

602 THE STORY OF AN EARNEST LIFE.
of contact between these two great leaders as they tra
versed the state. In the intervals between their former
meetings, both of them addressed large popular assem
blies in different parts of the state, and in that manner
continued the discussion of the questions of the day,
until the people were fully aroused, and watched this
battle of the giants with the most profound and absorb
ing interest.
"I have said that it is too early for an impartial re
view of the 'debate of 1858,' for though thirty-eight
years have elapsed since the historic meeting of Lincoln
and Douglas, which occurred on this spot, some of the
subordinate actors in the drama of that year still sur
vive, Avhile some of them preceded Douglas into the land
of shadows, and did not live to hear his words of burn
ing patriotism, Avhen with transcendent eloquence, he
pleaded with his countrymen to save the states from dis
integration, and the Union under the constitution, from
subversion. "Others of their hearers died under the flag, in the
hospitals or on the battle-fields, and did not witness the
tragedy of the 14th of April, 1865, or share in the almost
despairing gloom which that event cast upon the country.
Still others have fallen by the wayside, and the days and
years have passed, and now a few, ah, how few, linger,
as if reluctant to quit the stage. After awhile, when all
of them are gone, the historian will with judicial ac
curacy arrange his pitiless facts, and then, and not until
then, will the world be given a calm and impartial re
view of the great debate of 1858, with all of its attend
ant characteristic circumstances. Still, on this occasion,
without injustice to the memory of the dead, and without
risk of wounding the sensibilities of the living, I may con
tribute something to the picture which this assemblage
is intended to recall and commemorate.
"The personnel of Douglas and Lincoln are almost as
well known to the people of Illinois as to their contempo
raries. It is difficult to imagine men more unlike in their

ANNIVERSARY AT GALESBURG. 603
origin, their education, their intellectual and personal
habits and appearance. Mr. Douglas Avas of New En
gland birth, had the advantages afforded by the public
schools of his native state, and had some share of classical
training. He came to Illinois and found employment as
a teacher. "Mr. Lincoln was born in Kentucky, where at that
time public schools were unknown. His opportunities
for mere elementary education were of the most humble
character. The story of his earlier years is familiar and
I will not repeat it. It is the history of a life commenced
under most unfavorable circumstances, and its lesson is
that under American institutions eminence is attainable
by the most humble.
"I became acquainted with Mr. Douglas in the month
of June, 1838, when he was a candidate for a seat in the
second branch of congress of the United States. The
district he sought to represent included Quincy and
Chicago, Danville and Rock Island, Springfield and
Galena. "At that time Illinois was entitled to but three mem
bers of 'the house,' and the population, as shown by the
preceding census, made it proper to provide two districts
in Southern Illinois, and but one for the whole northern
half of the state. I heard Mr. Douglas the day after our
first meeting in 1838, and was impressed with his re
markable power as a popular orator. My subsequent ac
quaintance with him ripened into the most profound re
spect for his great abilities.
"In December, 1839, when I visited Springfield to ob
tain admission to the bar, he took charge of my applica
tion, obtained an order for the appointment of a commit
tee, consisting of himself and Jonathan Young Scam
mon, a name venerable in law, to examine me touching
my qualifications to practice as an attorney and counselor
at law, made a favorable report, wrote my license, ob
tained the signature of two of the judges of the supreme
court, handed me the license, and congratulated me on

604 THE STORY OF AN EARNEST LIFE.
my entry upon what he called 'the honorable profession
of the law.'
"It can be readily imagined that from that time until
political events separated us I was his devoted follower,
always ready and eager to serve him.
"In December, 1839, Avhile in Springfield on the er
rand I have just mentioned, I saw Abraham Lincoln for
the first time, but not under circumstances favorable to
the formation of intimate personal or political relations
betAveen us. He came into the building occupied by the
second branch of the legislature, and made what was
called in the language of the times, 'a Whig speech,' in
which he assailed the Democratic party with great se
verity. Although at that time the Democratic party in
Illinois held all the departments of the state govern
ment, there were even then rumblings of the storm
which came in 1840.
"Under the provisions of the constitution of 1818,
which was in force until superseded by that of 1848, the
executive officers of the state government (with the excep
tion of the secretary of state, who Avas appointed by the
governor) , the judges of the courts, the attorney-general
and the state's attorney were elected by the legislature in
joint session. The party leaders therefore attended the
legislative sessions, and the 'lobby,' as it was termed,
was the theater of their eloquence.
"I there heard Alexander P. Field, who afterwards
left the state and died in New Orleans ; Abraham Lin
coln ; E. D. Baker, who fell at Ball's Bluff during the
late civil war; O. H. BroAvning, late secretary of the
interior, for the Whigs ; and Stephen A. Douglas, John
Calhoun, Isaac P. Walker, afterwards senator from Wis
consin, Democrats. They were all stars of the first
magnitude. But I even then imagined that the re
spective parties relied upon Lincoln and Douglas as the
pillars of their strength.
"Mr. Lincoln, in the speech I heard him deliver, on
the occasion I have mentioned, surprised me by his

ANNIVERSARY AT GALESBURG. 605
ability and by his apparent logical frankness. He
seemed to concede to his adversary almost everything
he could claim, but I observed that he always found
means to escape the effect even of his own concessions.
His language was simple, but exact. His statements
were clear, and his arguments must have given great
satisfaction to the party he represented. He asserted
his propositions with firmness and supported them in the
most effective manner.
"Mr. Douglas was then, as afterwards, aggressive,
bold and defiant. He Avas quick to perceive the strong
as Avell as the weak points of his adversary. He ap
proached the strong with caution, but assailed the weak
ones with irresistible force. Nor was he mistaken in
the strength of his own positions. He invited attack
upon those that were impregnable, but covered the
weak ones with marvelous ingenuity.
"These were my estimates of Lincoln and Douglas,
made perhaps as early as 1839, but were corrected and
matured by subsequent acquaintance.
"The annexation of Texas, in 1845, and the acquisi
tion of the large territories gained by the United States
as the result of the war with Mexico, gave in some
quarters a new importance to the subject of slavery.
"The sectional strife which that subject occasioned
was, as was believed, or hoped rather than believed,
settled by the passage by congress of what were called
'the compromise measures of 1850.'
"Both the great parties pledged themselves by the
action of their national conventions, in 1852, to main
tain 'the compromise of 1850' as a final and satis
factory settlement of the question of slavery in the
United States. No one exerted himself more earnestly
and efficiently than did Mr. Douglas to secure the
adoption by congress of the so-called 'compromise,' and
the result was most favorable to the Democratic party,
of which he had become one of the national leaders.
His supporters in Illinois hoped for his nomination as

606 THE STORY OF AN EARNEST LIFE.
the Democratic candidate for the presidency in 1852,
but he was defeated by the almost unknown Franklin
Pearce. The Democrats won an overwhelming victory
in the November election of that year. Winfield Scott,
the Whig candidate, who was the foremost American
soldier then living, was defeated.
"But the permanent success of the Democratic party ,
was destroyed by an event which was intended to insure
its predominance.
"Mr. Douglas, then a senator from Illinois and chair
man of the senate committee on territories, early in
January, 1854, reported a bill for the organization of
the territory of Nebraska. From the report accompanying
the bill he said : 'The principal amendments which your
committee deemed it their duty to commend to the
favorable action of the senate, in a special report, are
those in which the principles established by the com
promise measures of 1850, so far as they are applicable
to territorial organizations, are proposed to be affirmed
and carried into practical operation within the limits of
the new territory.'
"With a view of conforming their action to what they
regard as the settled policy of the government, sanc
tioned by the approving voice of the American people,
your committee had deemed it their duty to incorporate
and perpetuate, in their territorial bill, the principles
and spirit of those measures. If any other considera
tions were necessary to render the propriety of this
course imperative upon the committee, they may be
found in the fact that the Nebraska country occupies
the same relative position to the slavery question as did
New Mexico and Utah when those territories were or
ganized. "It Avas a disputed point whether slavery was pro
hibited by law in the country acquired from Mexico.
On the other hand, it was contended, as a legal proposi
tion, that slavery having been prohibited by the enact
ments of Mexico, according to the law of nations, we re-

ANNIVERSARY AT GALESBURG. 607
ceived the country with all its laws and local institu
tions attached to the soil, so far as they did not conflict
with the Constitution of the United States, and that a
law either protecting or prohibiting slavery was not re
pugnant to that instrument, as was evidenced by the
fact that one-half of the states of the Union tolerated,
while the other half prohibited, the institution of slavery.
On the other hand, it was insisted that, by virtue of the
Constitution of the United States, every citizen had a
right to remove to any territory of the Union, and carry
his property with him under the protection of the law,
whether that property consisted of persons or things.
The difficulties arising from this diversity of opinion
were greatly aggravated by the fact that there Avere
many persons on both sides of the legal controversy who
were unAvilling to abide the decision of the courts on
the legal matters in dispute. Thus among those who
claimed that the Mexican laAvs Avere still in force, and
consequently that slavery was already prohibited in
these territories by valid enactments, there were many
who insisted upon congress making the matter certain
by enacting another prohibition. In like manner, some
of those who argued that the Mexican law had ceased to
have any binding force, and that the constitution toler
ated and protected slave property in those territories,
were unwilling to trust the decision of the court upon
the point, and insisted that congress should, by direct
enactment, remove all legal obstacles to the introduction
of slaves into the territories.
"Your committee deem it fortunate for the peace of
the country and the security of the Union that the con
troversy then resulted in the adoption of the compromise
measures, which the two great political parties, with
singular unanimity, have affirmed as a cardinal article
of their faith, and proclaimed to the world as a final set
tlement of the controversy and an end of the agitation.
A due respect, therefore, for the avowed opinions of
other senators, as well as a proper sense of patriotic

608 THE STORY OF AN EARNEST LIFE.
duty, enjoins on your committee the propriety and ne
cessity of a strict adherence to the principles, and even a
literal adoption of the enactments, of that adjustment,
in all their territorial bills, so far as the same are not
locally inapplicable. These enactments embrace, among
other things less material to the matters under consider
ation, the following provisions :
"When admitted as a state, the said territory, or any
portion of the same, shall be received into the Union
with or without slavery, as their constitution may pre
scribe at the time of their admission.
"That the legislative power and authority of said
territory shall be vested in the governor and a legislative
assembly. "That the legislative power of said territory shall ex
tend to all rightful subjects of legislation consistent with
the Constitution of the United States and the provisions
of this act ; but no law shall be passed interfering with
the primary disposal of the soil ; no taxes shall be im
posed upon the property of the United States ; nor shall
the land or other property of nonresidents be taxed
higher than the lands or other property of residents.
"Mr. Douglas afterward offered an amendment to the
bill, which referred to the Missouri Compromise, and
declared, 'which, being inconsistent with the principle
of non-intervention by congress with slavery in the
states and territories as recognized by the legislation of
1850, commonly called the compromise measures, is
hereby declared inoperative and void, it being the true
intent and meaning of this act not to legislate slavery
into any territory or state nor exclude it therefrom, but
to leave the people thereof perfectly free to frame and
regulate their domestic institutions in their own way,
subject only to the Constitution of the United States.'
"The proposition to repeal the Missouri Compromise,
or declare it void, because of its opposition to the com
promise measures of 1850. They yielded to that measure,
the fugitive slave law, only to discharge their obligations

ANNIVERSARY AT GALESBURG. 609
under the constitution ; but Avhen it was proposed to re
peal the compromise of 1820, or declare it inoperative
because of its supposed conflict with the compromise
of 1850, they were astounded. They had accepted the
compromise measures of 1850 as a supplement to that
provision of the compromise of 1820 which excluded
slavery from the territories of the United States north
of thirty-six degrees and thirty minutes. No one can
doubt that Mr. Douglas, in his action upon the Kansas-
Nebraska bill, committed the tactical mistake of his
lifetime. He relied upon the strength of purely partisan
organization. He did not understand, what he after
ward found to be true, that the questions he had raised
were of the most dangerous character, and would destroy
the Democratic party.
"The language of his amendment to the Nebraska bill
presented a conundrum of almost impossible solution.
It declared that it was not the intention of the act to in
troduce slavery into any state or territory, or to exclude
it therefrom, but to leave the people thereof perfectly
free to regulate their own institutions in their own way,
subject only to the Constitution of the United States.
"No man was more capable of defending this most re
markable provision than was Mr. Douglas. I have
mentioned my acquaintance with him up to and includ
ing 1839. He had occupied public positions, embracing
twelve years in the senate of the United States, and was
unmistakably a popular leader, who, up to that time,
had no peer in the state.
"Mr. Lincoln, on the other hand, had devoted himself
to the practice of his profession. His habits and his
methods of reasoning had been formed in the courts,
where exactness of statement and clear and consistent
arguments were necessary. It was apparent to men
who were acquainted with Mr. Douglas and Mr. Lin
coln when the controversy in regard to the Nebraska
39

610 THE STORY OF AN EARNEST LIFE.
bill commenced, that they would be the leaders in the
struggle. "I have observed before, that as early as 1839 the
leaders of the Whig and Democratic parties looked to
Douglas and Lincoln as the pillars of their strength.
They were undoubtedly natural rivals. I am unable to
say, from anything I know, how far mere personal asso
ciations and possible social asperities may have whetted
the spirit of antagonism between them. In 1835, Mr.
Lincoln was a candidate for a seat in the senate of the
United States, but at the subsequent session of the legis
lature he was defeated. His conduct on that occasion
only added to his strength as a popular leader, and gave
him the confidence of a small party in the legislature —
'The Anti-Nebraska Democratic Party.'
"Mr. Lincoln had personally appeared in the joint
session of the legislature when an election for senator
was pending, and urged his friends to vote for Mr.
Trumbull. That act of personal disinterestedness gave
him a claim upon the 'Anti-Nebraska Democracy,' which
they were fully prepared to redeem in the contest of 1858.
In 1856, he was present at Bloomington, and made a
speech which, though it has not been preserved, was one
of remarkable power.
"The language with which his nomination was ac
companied was emphatic. It declared him to be not
only the candidate, but the only candidate, of the Re
publican party for a seat in the senate of the United
States. Thus endorsed and supported, he met Mr.
Douglas as his accredited adversary. The correspond
ence which led to the debate of 1858 is so familiar to the
people of the state that I omit it. It was preliminary
to the meeting of Douglas and Lincoln at Ottawa, on
August 21, 1858.
"Perhaps, at this point, it may be well to present my
estimate of Mr. Douglas and Mr. Lincoln as they ap
peared to me just before the time of their meeting at
Ottawa. I think it is impossible to overestimate Mr.

ANNIVERSARY AT GALESBURG. 611
Douglas as a popular orator. I have stated before that
he was bold, aggressive and defiant ; that no man better
understood the strength or the weakness of his own po
sition, and no man could, with more skill, frame the
issues upon which he had determined to conduct his
canvass. "Judge Allen, of the district court of the United States
for the southern district of Illinois, who was an earnest
friend and supporter of Judge Douglas, said to me in a
recent letter : 'Judge Douglas was the beau ideal orator,
statesman and politician of the young Democrats of the
the state at that time, and easily the first in the estima
tion of all members of the party in Illinois, without ref
erence to age or circumstances .
" 'Judge Douglas, as you know, always mapped
out his own campaign, framed his own issues and sup
ported them with unequaled power. His speech from
the balcony of the Tremont House, in July of that year,
was on lines drawn by himself, and from them he never
deviated substantially until the contest closed, resulting
in his success.'
"Mr. Lincoln, on the other hand, accustomed, from
his professional habits, to accurate reasoning, was com
pelled from the necessities of his situation to exert him
self to force Judge Douglas to a definition of the real
meaning of the Nebraska bill, and to a clear statement
of his own opinion of the effect of the Constitution of
the United States in its operations upon the territories
with respect to the admission of slavery. To that result
he directed all his efforts. How well he succeeded will
appear from Mr. Douglas's speech at Freeport.
"It will be observed further in the progress of this de
bate that Mr. Douglas professed absolute indifference to
the extension of slavery into the territories. He seemed
only anxious that the white people of the territories
should exercise their own judgment upon that question,
and appeared to be oblivious to the fact that the public
mind had reached the condition that the existence of

612 THE STORY OF AN EARNEST LIFE.
slavery in Kansas and Nebraska had become one of the
great sectional points of controversy.
"From this point I will consider the several speeches
made by Mr. Douglas and Mr. Lincoln (commencing on
August 21st, at Ottawa, and terminating at Alton, Oc
tober 15, 1858) , simply with reference to the great quali
ties of those two eminent men. I ought further to re
mark that some of the questions considered by them
were disposed of by the civil war, to which it is not too
much to say, the debate may be regarded as the mere
preliminary. ' ' Slavery no longer exists in the United States ; there
fore it must be held that upon that question the views
of Mr. Lincoln have prevailed over those advanced by
Mr. Douglas. There is no doubt but that the public
conscience of Illinois, even as early as 1858, revolted
against the theories of Mr. Douglas as to the right of all
men to liberty and equality before law. In addition to
that, Judge Douglas evidently entertained expectations
of future political advancement which could only be
secured by the harmony and unity of the Democratic
party. "In order to promote that end he seized hold of the
doctrine of popular sovereignty, largely modified by the
constitutional theory of the rights of the states, two
propositions irreconcilable and diverse in their influence
upon the slavery question. The right of the states in
which slavery then existed to maintain slavery and de
fend it by their constitutions and their laws was admitted
by both parties to the great debate. The equality of the
states, as asserted by Mr. Douglas, carried with it con
sequences that were at no time defined with such ac
curacy as to prevent the mischievous consequences that
all were equal in the territory, and every right of property
recognized by the states, attended citizens of the several
states in emigrating to new territorial acquisition.
"Undoubtedly Mr. Douglas felt the difficulties of his
position, and he exhibited the highest qualities as a de-

ANNIVERSARY AT GALESBURG. 613
bater in eluding his logical embarrassments. Mr. Lin
coln pressed • those apparent inconsistencies upon him
with great force, and there are but few better examples
during the history of oratory than are afforded by these
remarkable debates.
"Still it will be perceived that as the debates pro
gressed the real points of controversy, not only between
Douglas and Lincoln as rival candidates, but the issues
between the sections of the Union, the supporters and
the assaUants of slavery were found and defined.
"I have said that Mr. Douglas was embarrassed by
what was apparent to all, the difficulty of harmonizing
what may be justly called the Northern and Southern
Democratic view of the system of slavery.
"He himself, in his report upon the Nebraska bill,
had stated the different views entertained by different
parties in different sections of the Union. He sought to
find ground for a new compromise of the slavery ques
tion, and he supposed he had done so in the doctrine
which he asserted, of the right of the people to regulate
their own institutions in their own way, subject only to
the Constitution of the United States ; or, as he stated
the same doctrine in his Alton speech, that 'the people
of the territory, like those of the state, shall decide for
themselves whether slavery shall or shall not exist in
their limits.'
"This statement of the doctrine by no means solved
the difficulty nor did it meet the public judgment. It
was still a subject of popular inquiry ; what is the true
and proper construction of the Constitution of the United
States with reference to the existence of slavery in the
territories? It was asked, can the people, by the action
of the territorial legislature, admit or exclude slavery
from the territories? Or, is it the true interpretation of
the constitution, that while the territories remain com
mon property, the constitution carries slavery into the
territory as incidental to the rights of the states in which
slavery existed? Mr. Douglas was never able to answer

614 THE STORY OF AN EARNEST LIFE.
that, and similar questions to the satisfaction of the
popular mind.
"In the Freeport speech, in reply to the question pro
pounded to him by Mr. Lincoln, he maintained that
even though slaves under the constitution might be
carried into the territories, friendly legislation might be
adopted for the protection of the institution, or it could
be excluded by the failure of the territorial legislature
to provide police regulations for its protection.
"These views advanced by Mr. Douglas satisfied
neither of the parties to the controversy. The pro-
slavery party (I use now a term long since obsolete)
were not satisfied, and denounced the doctrine among
unfriendly legislation, as being as objectionable to the
assertion of the right to exclude slavery from the terri
tories by local legislation ; while to the anti-slavery
party, the theory that slaves could be taken into the ter
ritories and retained there until excluded by territorial
action, practically yielded the whole question. A care
ful reader of the speeches of Mr. Douglas delivered dur
ing the great debate will perceive the difficulties which
surrounded him, and observe the remarkable argument
ative strength he exhibited in his attempt to reconcile
propositions so embarrassing.
"After the Freeport speech, the positions of Mr.
Douglas and Mr. Lincoln were changed. At Ottawa,
Mr. Douglas was the assailant, and undoubtedly the
speeches there terminated to Mr. Lincoln's disadvantage.
"At Freeport, Mr. Douglas was driven to definitions,
and from that time forth Mr. Lincoln took the offensive.
It has been said by a great military writer that a purely
defensive war is rarely successful ; and so it is in great
intellectual contests.
"In 1858, slavery in the United States reached its
greatest strength. It Avas even then condemned in the
northern states of the Union, not only as a wrong in
itself, but it had come to be feared as a menace to the
peace and integrity of the Union. In the South, many

ANNIVERSARY AT GALESBURG. 615
opposed the institution on moral grounds, while still
other practical men had reached the conclusion that as a
system of labor it was wasteful, and, as compared with
modern methods of industry, no longer profitable.
These considerations greatly increased the embarrass
ment of Mr. Douglas. From his great eminence as a
party leader, his contest with Mr. Lincoln was closely
observed by political leaders in all parts of the country.
"Mr. Buchanan and his cabinet did not conceal their
desire for his overthrow. The southern leaders were
prepared to be dissatisfied with whatever course he
might think proper to pursue, and perhaps nothing in
our political history can be found to equal the magnifi
cent struggle made by him in the last and greatest battle
of his life.
"Mr. Lincoln entered upon the contest of 1858 with
out the fullest confidence of even his own supporters. I
remember the trepidation of the anti-slavery party, occa
sioned by his celebrated declaration that 'a house divided
against itself cannot stand.' It was expected by many
of those who desired his success that he would fail in
his contest with Douglas, and it was only after repeated
essays which he had given of his power that he estab
lished himself in the full confidence of his supporters.
I think it is apparent in the earlier speeches of Mr. Lin
coln that he felt the want of the full confidence of his
party adherents, and I think it can be perceived that he
grew bolder as he became more conscious of his own
power and received a larger share of the confidence of
his friends. I trust, in what I have said, as well as
what I will say hereafter, I have kept within the line of
just and proper appreciation of the intellectual and
logical forces exhibited by these great leaders of the
contest of 1858. I knew them both and esteemed them
both, although I confess that, while the preliminaries of
the discussion were being arranged, I doubted Mr. Lin
coln's ability to cope with Mr. Douglas.
"That series of discussions, which I have called a

616 THE STORY OF AN EARNEST LIFE.
mere continuous debate, is historic, and it made history.
Mr. Douglas, who had been the idol of the Democracy
of IUinois, and was without doubt the greatest man of
his party in the United States, yielding to the influences
which surrounded him at Washington, and forgetful of
Avhat he so well said on another occasion, 'I never knew
the Democratic party to fail in one of its principles, out
of policy or expediency, that it did not pay the debt with
sorrow,' attempted that which is always dangerous to a
political party which is in the possession of power — he
attempted to make a new issue for the consideration of
American people. If it had been possible at that time
to have made the question of slavery in the states, or of
its extension, by the occult force of the constitution,
into the territories, and had it admitted of exact defini
tion and a clear declaration of its purposes, it might
have succeeded ; but it was apparent, even in 1858, that
what was knoAvn as the slave power was determined to
defend that system, even to the extent of the overthrow
of the Union, and the North was aroused and equally
determined that slavery in the United States should
never be allowed to enter any of the territories. Be
tween parties thus resolved, no compromise was possible,
no makeshift, no scheme could be devised which would
state the recognized propositions of the sections. In
1858, Mr. Lincoln by no means satisfied the extreme
men who considered themselves to be his supporters, in
that he failed, as much as Mr. Douglas did, to satisfy
the southern element of his own political party. The
debate defined the real points of difference between the
advocates and opponents of slavery extension ; it dis
closed the chasm which separated sections.
"Mr. Douglas succeeded in securing a re-election to
the senate ; Mr. Lincoln, as the result of his part in the
discussion, became the leader of a great and powerful
party. Mr. Douglas, disappointed in his expectations
of the presidency in 1860, accepted the result of the
election of his successful rival, and when the seces-

ANNIVERSARY AT GALESBURG. 617
sionists attempted to overthrow the Union he became
the champion of the national union. His speeches in
Illinois in 1861 were magnificent in their power ; they
were sublime in their patriotism ; and he died in June,
1861, giving his last words and his last thoughts to his
country. Mr. Lincoln was elected to the presidency,
was called by the American people to lead them out
from the domination of an arrogant section ; he was
true to his mission and died the death of a martyr. He
said to me once : 'I have no policy, my hope is to serve
the Union ; I do the best I can to-day with the hope
that when to-morrow comes I am ready for its duty.' "
"We proceeded to Chicago on the 8th of October and
witnessed the procession of the 'Sound Money' men
from the balcony of the Palmer House. We met Gen
eral Buckner there and left that night for Lansing,
Grand Rapids and Detroit, arriving there on Sunday
morning and were entertained until Monday night at
the delightful home of the late Postmaster-General
Don Dickinson. We proceeded thence to Cincinnati,
and from there to Louisville and Nashville, where I
learned an important fact which demonstrated the
wisdom of the course I had adopted in September, 1862
(as has been mentioned) , in arresting citizens in the
streets of Franklin, Tenn., and holding them as hostages
for the safety of my train and stragglers. Colonel
Marshall, son of the old lawyer John Marshall, with
whom I became acquainted on this trip, told me that
the Rebel cavalry Avas formed and ready to make an
attack on my trains, which consisted of one hundred
and fifty wagons, but when they Avere told that I had
taken twenty citizens as hostages for the good conduct
of the people of that village they forbore to attack the
train. He said, however, that 'the whisky suffered'
when the hostages got back. I have told in another
chapter the story of Major Scarrett arresting a group
of citizens. I only knew there was no attack, and the
people and the wagons passed through Franklin safely.

618 THE STORY OF AN EARNEST LIFE.
We spoke in Columbia and Pulaski to many people, and
at Birmingham at a noonday meeting. We spoke at
Mobile and New Orleans, and everywhere in the South
were received with respect and hospitality.
"While in Jackson, Mississippi, I learned that the
process of selecting voters in that state was for the
registration officers to give to a white man whose literary
qualifications were supposed to be 'shady' the benefit of
interpreting a clause in the federal constitution, Avhich
means no more than that the 'right of trial by jury shall
remain inviolate,' Avith the suggestion that if accused of
crime he had a right of trial by jury.
"While to a negro was given the following clause:
'No state shall pass ex-post facto law, nor a law impairing
the obligations of contracts;' of which one negro said,
when asked if he understood the clause, 'Yessah, it
means white man can vote, and nigger can't.' The
amended constitution of North Carolina has, I under
stand, a similar provision.
From New Orleans we returned to Chicago by way of
Illinois Central Railroad. At Chicago I separated from
General Buckner in order to attend the funeral of Rev.
George Stevens, my brother-in-law, who lived at Bloom
ington. "General Buckner afterwards visited Milwaukee and
spoke at many points in Wisconsin, and I rejoined him at
Saint Paul, Minnesota. After speaking there and at
Minneapolis we came to Omaha and across Iowa, de
livering addresses at Ottumwa, Mt. Pleasant (where
notwithstanding a heavy rain we were hospitably enter
tained) and Burlington, and from there to Kansas City
by the way of Hannibal, Fayette and Sedalia. At this
place General Buckner left me as he had an engagement
to go to Louisville . I spoke at Warrensburg and Kansas
City and returned to St. Louis, witnessed the parade of
the 'Sound Money' men in that city and in the evening
spoke to a large audience in the exposition building.
"On November 4, 1896, the questions which had been

JOHN M. PALMER
TAKEN, APRIL, 1899.

ANNIVERSARY AT GALESBURG. 619
discussed were settled at the polls, and William McKin
ley was elected president of the United States. There
is no doubt but that the National Democratic party
played an important part in this campaign. It Avas our
mission to preserve the integrity of the Democratic prin
ciples. We declared the true Democratic doctrines in
the platform adopted at Indianapolis and in all our pub
lic utterances we sustained them. We received but
130,000 votes but we gave direction to a public senti
ment which led to the election of Mr. McKinley. The
'slave power had reached the maximum of its strength
in 1856 ;' and the dogma of 'free silver coined at the
ratio of sixteen to one' will be banished from Demo
cratic platforms with the defeat of Mr. Bryan."

620 THE STORY OF AN EARNEST LIFE.

CHAPTER XXXVIII.
Anniversary of the Bloomington Convention of 1856 — Old politics —
Deaths.
On May 29, 1900, I attended the forty-fourth anniver
sary of the Bloomington convention. It was a memorial
occasion, and was held at Bloomington, Illinois, un
der the auspices of the "McLean County Historical
Society." The convention of 1856 amounted in fact to the first
Republican state convention, but was called by those
opposed to the Nebraska bill.
It was a combination of delegates from the different
counties of the state and a mass meeting, for many men
took part in the convention who were not delegates.
I was the president of that convention, and, upon in
vitation of Messrs. Geo. P. DaAds and E. M. Prince, I
attended the memorial meeting.
Until the suggestion of the anniversary meeting, I
had no idea that death had called so many of my friends
and associates. I knew that Bissell, who was nominated
by the convention for governor ; Hoffman, nominated
for lieutenant-governor, and afterwards found to be inel
igible, and was succeeded by John Wood in his candidacy ;
0. M. Hatch, who was nominated for secretary of state ;
Jesse K. Du Bois, for auditor; James Miller, for treas
urer, and Wm. H. Powell, superintendent of public in
struction, were dead. I knew that Judd and Cook, Allen
and Baker, elected as Anti-Nebraska Democrats, with
myself, to the general assembly in 1854, and who held
the balance of poAver in the election of a senator in 1855,
no longer lived. I knew that Owen Lovejoy, John F.
Farnsworth, Archibald Williams, O. H. Browning and
Richard Yates had passed away. I knew that Abraham
Lincoln, the principal figure of that convention, had been

BLOOMINGTON CONVENTION— POLITICS— DEATHS. 621
assassinated, but I was not prepared for so many deaths
among the delegates and those who visited the conven
tion. Delegates were appointed to the Republican conven
tion, which was to be held at Philadelphia, at which
John C. Fremont and Wm. M. Dayton were nominated
for the presidency and vice-presidency.
As a delegate, I attended the national convention ; my
personal associates were : Mr. Geo. Schneider, who sur
vives ; General W. H. L. Wallace, killed at the battle of
Pittsburg Landing; Dr. Arnold and Harvey C. Johns,
both of whom died at their homes — Dr. Johns, within
the last year.
At this memorial meeting, we called the roll of the
convention of 1856, but echo answered to most of the
names called.
We had with us : B. F. Shaw, Thomas J. Henderson,
Dr. Wm. Jayne, James M. Ruggles, Paul Selby, and a
few others ; and we knew that John H. Bryant, of Prince
ton, still survives, burdened with age. We heard of a
delegate from Pike county, who had removed to Missouri.
A paper from J. L. Morrison, of Morgan, was read by
his son-in-law, the son of a delegate from Pike county,
Dr. Thomas Worthington ; also, a paper from John G.
Nicolay, who represented Pike county as a delegate, and
is now a resident of Washington City. The meeting of
the survivors of 1856 was devoted to the discussion of
old politics. How wonderful are the changes between
the political issues of that day and the present. At that
time, the slave power had reached the maximum of its
strength ; it threatened to invade the state and territories
Avhich were declared free by the Missouri compromise
act of 1820.
The convention at Bloomington adopted a platform
which asserted the power of congress to prohibit slavery
in the free territories, and demanded the admission of
Kansas into the Union with a free constitution. Gov
ernor Reeder was there, and Mrs. Robinson, who had

622 THE STORY OF AN EARNEST LIFE.
suffered much in Kansas. The civil war ensued, and
Mr. Lincoln had an opportunity of reversing the most
emphatic saying in all his speeches, "A house divided
against itself cannot stand ; ' ' and of enforcing one of
his grandest utterances, "We will not divide the Union,
and you shall not ;" and I, as I have said, had the honor
of "driving the last nail" into the coffin of slavery in
Kentucky.

INDEX.

Abolition, 48.
Abolitionism, 63, 68.
Abolitionists, 59, 68, 73.
Act to amend the charter of the city of
Golconda, 291.
Act to fund and provide for payment of
railroad debts, etc., 312.
Act to amend the manner of applying
for reprieves, commutations and par
dons, vetoed, 308; reasons for veto,
309-311.
Adams, John, 2, 3.
Adams, of Kane, motion, 47.
Address of the Democratic committee
to the people of the United States,
407-409.
Address to the colored people of Spring
field, 324-329; advocates suffrage, 330,
331.
Against alteration of the constitution
by construction, 532.
Aiken, Mr., offered a resolution, 49.
Aledo, Mercer county, veto an act to in
corporate, 293.
Allen, George T., 72.
Allen, Captain John, at Raisin river, 3.
Allen, Judge, opinion of Douglas, 611.
Allen, James C, nominated for gov
ernor, 80; defeated E. C. Ingersoll,
140.
Allen, Mr., of Washington. 535.
Allen, Mr., of Kentucky, member of the
house of representatives, introduced
a resolution, 256.
Alton, mention, 11; debate between Lin
coln and Douglas. 601.
Alton, Upper, manual labor school, 16.
Anderson, General "Tom.," member of
the returning board, 398, 399.
Anderson, guerrilla, 95.
"Anti-Nebraska Democrat," 72.
Anti-Nebraska Democratic party, 601.
"Anti-slavery extension convention," 72.
Army of the Cumberland, 196.
Army of the Cumberland begins to ar
rive, 139.
Army of the Mississippi, near Farming-
ton, Mississippi, 109.
Army of the Potomac, interfered with
by civilians, 196.
Army, left wing of, how composed, 143.
Arroyo, Oscar, resignation of, 397.
Assumed the duties of office of governor;
oath administered by Honorable
Sidney E. Breese, 284.
Atlanta campaign commenced, 201;
forces composing it, 202.
Baird's division, 181.
Baker, Colonel E. D., 37; fell at Ball's
Bluff, 601.
Baker, Henry S., 72. .
Baldwin, Henorable Elmer, chairman
of the board of public charities, 346.
Baltimore, spoke at, 600.
Ballinger, Daniel M., delegate to the
peace convention, 85; minister to
Spain, 85.

Barbecue in Kentucky, 2.
Battle of December 30th, 145.
Bateman, Dr. Newton, " beloved by all,"
Beckwith, Mr. (of Wyoming). 534, 535.
Benton, Thomas H. and lessee, affair
with Jackson, 125.
Benton, Thomas H., 76, candidate for
governor, 76.
Bethalto, an act to incorperate, 293.
Bigler, William, visitor from Pennsyl
vania to Louisiana, 399.
Bissel, Wm. H., nominated for gov
ernor. 73; reinterment of, 332.
" Black Republican," 75.
Black Hawk war, 13.
Blair, Frank P., affair at Camp Jack
son, 92.
Bloomington, Illinois, 25: memorial con
vention, 620; "called the roll," 621;
changes between the political issues
of that day and this, 621; " The last
nail driven into the coffin of slavery,"
621; veto an act concerning the city
of, 290.
Blowing Springs, an amusing incident,
116.
" Board and washing," 26.
Bond, Mr., introduces a bill prohibiting
free negroes from being brought
into the state.
Boone, Isaiah, school teacher, 4.
Boutwell, George S., member of the
peace convention, 85; member of
Grant's cabinet, 85.
Bowling Green, occupied by Rebel
troops, 95.
Border ruffians, 94.
Boyle, John, chief-justice, 6.
Bradford, John S., present to greet you,
435.
Bragg's movement, 172.
Brayman, Mason, sent to Cairo, 91.
Breckenridge, Dr. Robert J., Union
man, 231.
Breckenridge, Colonel R. J., arrested,
231.
Bredan, James, associate. 55.
Breed, Sands N. 24.
Breese, Honorable Sidney E., 37; ad
ministers oath of office to the gov
ernor, 284.
Brisbane, General James S., twice men
tioned, 241.
Brown, Gratz, 76.
Brothers, a Kentuckian, 269; killed by
Frank James, 270.
Bronson, Green C., member of the peace
convention, 85.
Browne, Judge, signs my license, 31.
Browning, O. H., late secretary of the
interior, 601, 631-637.
Brownlow, "Parson," 124.
Bryan, William J., nominated for the
presidency, 591.
Brookville, Missouri, 93.
Buchanan, President, forbids the parade
of troops, 88. (623)

624

INDEX.

Buchanan's creek, 116.
Buckner, Mr., member of the house, in
troduces resolution, 257.
" Buck-tails," 154.
Buckner, General Simon B., rumors
that he has taken Green river, 131;
selected as vice-president, 597.
Buell, General, to meet Bragg, 124; in
Kentucky. 138.
Burbridge, General, 267.
Burke, Major, 65.
Butler, William, defeated for treasurer
of state, 140.
Butler, the sagacious and firm, 435.
Buzzard Roost Gap, 200.
Caffery, Senator, notifies the candidate
for presidency of nomination, 597.
"Cake and spruce beer,' 20.
Calhoun, John, 31, 601.
Calhoun, John C, 125.
Campbell, of Jo. Daviess, 51.
Canal redemption fund, 355.
Canton, Missouri, ordered to, 93.
Camp Dick Robinson, bloody battle at,
134.
Carlinville, Illinois, visit, 96; home of
my brother, 24, 25.
Carr, General Clarke E., at Galesburg, 601.
Carrying a pistol, 75.
Carondelet, The, gunboat, 99.
Cazenave, Mr., member of the returning
board, 397-399.
Chandler, Mr., of New Hampshire, quo
tation from his speech in reply to
Mr. Palmer, 491; discussion in sen
ate, 492.
Charleston, Illinois, debate between
Lincoln and Douglas, 601.
Chase, Governor, his ambition, 159.
Chattanooga, retreat to, 188.
Chestnut, John A., 28, 29; defends the
Todds in a murder trial, 34.
Chicago fire, The, first tidings, 343; tele-
fram to Colonel R. B. Mason, 343-
46; military command in the city,
357; proclamation and telegrams,
368-371; Chicago relief and aid so
ciety, 372, 373; fire ceased. 374; close
of the correspondence, 377; letter to
President Grant, 366, 367; letter from
president to the governor, 368.
Chickamauga, battle of, 181-186; organi
zation of army corps broken up, 186;
reason of defeat, 187; operations that
led to it, 169.
Childs, Lieutenant, 106.
Circular No. 3. 259, 260; No. 6, amend
ment of the constitution of the
United States prohibiting slavery in
United States, 256.
Chittenden, L. E., reporter at the peace
convention, 84.
Clay, Henrv. 2, 3.
Cleveland, President, letter addressed
to, 558.
Cloud, Newton, president of the conven
tion of 1847, 43.
Cloud, George A. W., brother of Newton,
55.
Cobb, secretary, resigned, 88.
Cockerell, James, Populist member of
the legislature, 474.
" Commonwealth of Kentucky v. John
M. Palmer," 244.
Complaining of the mayor and commit
tee of Louisville, 237.
Commissioners to Louisiana (Republi
can), Charles B. Lawrence, Wayne
McVeigh, John M. Harlan, Joseph
R. Hawley, John C. Brown, 429.

Constitution of 1848, 317; of 1870. 317.
Constitutional convention of 1847, 43; ju
dicial organization, 43; incorpora
tion of banks, 43-46; circulation of
paper money, 45; dueling clause, 54.
Constitutional convention of 1870, 316.
Cook, Burton C, 72, member of the
peace convention, 84.
Corning, Erastus, member of the peace
convention, 85.
Correspondence with committee from
the state senate of Kentucky, 257, 258.
County clerk, candidate for, 28.
Courts, " Old and New," 6.
Crafts, Honorable Clayton E., speaker of
the house, 474.
"Cripple Creek," 149.
Crittenden, General, joins Thomas and
McCook, 172; commands left wing of
the army, 141; corps commander, 143.
Cruft, Charles, commander of the first
division, 140, 145.
Cullom, Mr., addresses the colored
people, 325.
Curtin, A. G., member of the returning
board from Pennsylvania, 399.
Dalton, Georgia, evacuated by Johnston,
203.
Dana, Honorable Charles A., sends him
impressions in regard to elections,
250, 251.
Davis, David, 81; elected to the United
States senate, 431; allusion to his
death, 438.
Davis, Jim, a remarkable case, 273.
Davis, George, member of the peace
convention; attorney-general of the
Confederate government, 85.
Dartmouth College case, 284.
Democrats, 73.
Democratic convention met, 395.
Democratic committee write a letter re
gretting the Republican committee
will not confer with them, 402-405;
correspondence with the Republican
chairman, 406, 407.
Democratic national convention, "so-
called;" platform for free silver, 591;
Democratic state convention of 1892;
purpose of " snap " convention, 589.
Depew, Honorable Chauncey, makes an
address, 601.
Dilger, Captain, " Leather Breeches " of
Army of the Cumberland, 203.
Dilger, Colonel, Adjutant-General, 345;
telegram to, 347; telegram from, 348;
¦mention, 361.
Discharged from the indictments, 246.
Divisions composing the 14th Army
Corps, Brigadier-General Richard W.
Johnson, 1st; Brigadier - General
Jeff. C. Davis, 2d; Brigadier-General
Absolam Baird, 3d, 198.
Donelson, Fort, capture of, 95.
Doolittle, J. R., of Wisconsin, 399.
Douglas, Stephen A., first meeting with,
24,30,31,37; license drawn up by, 30;
interview at Willard's, 89, 90; died
at Chicago, 90; supreme in his party,
64; conversation at Carlinville, 69.
" Douglas Linen Company," 291.
Drummer boy killed, 107.
Dubois, " the rugged, generous," 435.
Dubois, Honorable Fred. T., senator
from Idaho, 475; election contested,
475.
Duck river, crossing of, 120.
"Dry Fork," 48.
Earthquakes of 1818, 97.

INDEX.

625

Edwards, of Madison, controversy with
Campbell, 51-53.
Edwardsville, Illinois, 11, 12, 25.
Eighteenth Illinois Infantry, 21.
Election in Illinois in 1836, 20, 139.
Election of 1896, 619.
Elkton, Tennessee, 116.
English, William H., nominated by the
Democrats for vice-president, 437.
Evil of special legislature, 290.
Farwell, Honorable C. B., foreman grand
jury. 363.
Fac-simile of Lincoln's refusal to ac
cept resignation, 195.
"Feeding guerrillas," 277.
Fellows, Colonel John R., notifies Gen
eral Buckner, 597.
Fessenden, William P., delegate to peace
convention, 84.
Field, Alexander P., 31, 601.
Field, David Dudley, delegate to peace
convention, 85.
Fifer, Governor, elected, 464.
Fishback, James, 75.
Fitzgibbon, Captain 14th Michigan In
fantry, 108.
Floyd. John B., resigns as secretary of
war, 88; arms the South, 89.
Fogg, Francis B., "historic lawyer,"
124: description of, 126; son fell at
Mill Spring, 126.
Foote, Henry S., leader and chief of,
000.
Fort Dearborn, 000.
Foraging incident, 164, 165.
Forman, William S., opposes state con
vention, 589.
Forrest, "one of the men who went to
get," 123.
Fouke, Judge Jacob, 27.
Fourteenth Army Corps, 141.
Fourth of July in Louisville, 240.
Frank, brother, 16.
Freeport, debate, 601.
Free Democracy, 77.
Fremont, John C, 74.
Galesburg, Illinois, first saw Abraham
Lincoln in 1839, 601.
Galesburg, visited by invitation of Presi
dent Finley on occasion of debate
between Lincoln and Douglas, 601.
Galesburg address, 601; too early for an
impartial review, 602.
Garesche, General, killed, 147.
Garrett, Isaac, visit to, 251, 252; conver
sation with, 252; death from in
sanity, 253.
" Gave me my time," 15, 16.
General order No. 4, 231 ; No. 5, forbids
compulsory enlistment of colored
soldiers, 233; No. 32, passes to colored
persons, 239; No. 129, " equal justice
and same personal liberty to all,"
242.
General court martial order No. 11, 276;
No. 19, 276; No. 21, 276.
Gillie's Hill, mentioned, 163.
Girard, brick-kiln, 55.
Goodrich, Adams A., opposes conven
tion, 589.
Goodell, R. E., 56.
Gordon, General John B., delivered ad
dress at Chickamauga Park, 561.
Gradual encroachment of legislature,
289
Grant/General U. S., received in Spring
field, 432; exercises connected with
visit, 432; reply to welcome, 436, 437.
Greathouse, John S., study law with
him, 27.

Green, Senator James 8., 93.
Gridley, ABOhel, 72.
Griggsville, Illinois, 22.
Grosvenor, Thomas W., death of, 361.
Gross's brigade, 145, 182.
Gross, Colonel William, commander 2d
division, 140.
Guerrillas, The, "Sue Munday," Marion,
Magruder, Medkiff, Quantrell, 267;
captured, "Sue Munday," Medkiff
and Magruder, 272.
Gunboats, first experience with, 98.
Habits of lawyers, 40.
Hale, Reverend Albert, 49-51; constitu
tional convention, 49, 50.
Hale, John P., 67.
Hall, Allen A., friend of John Bell, 124.
Hammond, David S., railroad and ware
house commissioner, 355.
Hamlin, Hannibal, nominated for vice-
president, 81.
Hannibal, Missouri, 93.
Hancock, W. S., nominated by Demo
crats for president, 437.
Harlan, General E. B., sent to Chicago,
343.
Harris, Major Thomas L., 74.
Harris, General John A., 29.
Hasty construction of bridge, 203.
Hatch, Colonel, mentioned, 108.
Hatch, O. M., belfry of church, 23.
Hatch is present, 435.
Hayes, Lieutenant, mentioned, 129.
Hayes, R. B., nominated for president,
395.
Hays, S. 8., delegate from White county,
51; resolutions in convention, 51.
Hazen, Colonel Wm. B., commander of
3d division, 140.
Hazen's briga.de, 145.
Helm, Governor John L., interview with,
233.
Henderson, C. N., 22-24.
Hendricks, Thomas A., nominated for
vice-president, 395.
Herndon, Mr., addresses the colored
people, 325.
Hewitt, Abram S., chairman Democratic
national committee, 396.
Hickinson, Thomas, delegate to peace
convention, 85.
Hicks, Governor, address, 88.
Hoar, William (Senator), 546.
Hobart, Garret A., for vice-president,
594.
Hogan, John, 37.
" Hollow Tree Gap," 122.
Hospitality of the camp, 166.
House bills No. 1,414, 313; No. 213, 315;
No. 945, 315.
" Hubbard's Cove," delegation from, in
vite me to become candidate for
governor of Tennessee, 166; decline
the honor, 167.
" Hunting Yankees," 115.
Illinois, removal of family to, 9; social,
financial and political conditions of,
280-284.
Incidents in camp, 154, 155.
Island No. 10, prepare agreement, 96.
Jackson, Andrew, 2, 3, 7, 36.
James, Reverend Thomas, appointed to
look into cases of imprisonment,
234.
"Jayhawkers," 94.
Jefferson, Thomas, 2.
Jonesboro, debate, 601.
Jordan, John P., 000.
Johns, Kensey, case cited, 540.

626

INDEX.

Johnson's division, 145.
Johnson, Governor Andrew, met, 124;
description of, 127.
Johnson, of McCook's 21»t Corps, 181.
Johnson, President, keeps the promise
of Mr. Lincoln, 243.
Johnson, George W., letter from and to,
235-237; elected circuit judge, 243;
declares order No. 3249 illegal, 248.
Johnston, General Joseph E., relieved
by General Hood, 207.
Judd, N. B., 61, 62, 72, 81.
Julian, Governor W., of Indiana, 67, 399.
Kansas-Nebraska bill, 59-62 ; act of con
gress on, 59 ; resolutions in state
senate on, 59.
Kellogg, governor, 397.
Kenesaw Mountain, assault ordered on,
205, 206 ; McCook wounded, 205 ;
Harmon killed, 205.
Kenner, William, member of returning
board, 397-399.
Kimball, Mrs. Hannah L., 458.
Kimball, H. M., 77.
King, colonel, commander Indiana
regulars, killed, 183.
Kitchell, attorney-general state, 33.
Knapp, of Jersey, resolutions in con
vention, 50, 51.
"Knights of the Golden Circle," 111,
133, 152.
" Know-Nothings, " 73.
Koerner, Gustavus, railroad and Ware
house commissioner, 355 ; number
of votes, 378.
Lady at Readyville, 151.
Lamb, Mr. James L., 458.
Lamborn, 37.
Lane, 95.
Lanman, James, case cited, 540.
Lands in Illinois, 14.
Lasater, George W., recommended for
chaplain, 157.
Laughlin. William, 45-47.
Lavely, William. 70.
La Vergne, surprise of rebels at, 127.
Lee and Gordon's Mills, 170; Wood is
there, 173.
Legislature of state enacts laws for more
perfect equipment of militia, 92;
creates ten regiments, 92.
Letter to keeper of Louisville work
house, 234; case of Jacob Hardin,
235
Lewis, Major William B., auditor of
treasury, 124; quartermaster, 125.
License to practice law, 30.
Lincoln, Abraham, met for first time,
31-37,71,72; nominated for president,
81; visit to, 153; mentioned, 325.
Lincoln, Robert T., makes an address,
601.
Lindsay, William, adjutant-general of
Kentucky, 268.
" Listeners hear no good of themselves,"
208.
Little Sequatchie, 168.
Lockerman, Nick, 66.
Longstreet's troops, 176.
Lookout Mountain, position of artillery,
187.
Lookout Valley, mentioned, 170.
Logan, John A., indictment for bringing
negroes into the state, 57; nominated
by Republicans for United States
senator, 430.
Logan, General John A., unsuccessful
assault on Kenesaw, 205; death, 438.
Logan Law, 56.

Logan, Judge Stephen A., 55.
Logan, Stephen T., delegate to peace
convention, 84.
Love, John, of Indiana, 339.
Lovejoy, Elijah P., 24.
Lovejoy, Owen, 67.
Lowe, ex -governor, 88.
Lunsford, Lewis, Baptist preacher, 1.
Macon, Missouri, 93.
Macoupin county, 25.
Macoupin county, township organiza
tion, 55.
Madison county, 11, 18.
Margruder's sentence, difficult to settle,
273
Major, William T., 11.
Making mortar, 17.
Manchester, 149; return to, 166.
Manson, M. D., of Indiana, 399.
Maury, brigadier-general, captured, 128.
Mantle, William Lee, argument against
unseating him, 534.
Markley, William, delegate to peace
convention, 44, 45.
Marshall, John, held as hostage. 123.
Marshall, Samuel 8., circuit judge, 59.
Martin, Thomas, peace conference, 85.
Martin, Honorable Thomas, lived at
Pulaski, 117.
Marquette, Pere, statue of, 576.
Marquette, resolution concerning ac
ceptance by senate, 5.
Mason, William E., letter to General
Palmer proposing a joint-discussion,
471.
Mason, R. B., mayor, to the governor,
360. 361.
Matteson, Joel A., 56-72.
Mather is present, 435.
Mayo, Samuel T., 75.
McClernand, Generai John A., sent to
Cairo, 91.
McClernand, John A., nominated for
congress, 79.
McClellan, General George B., head
quarters, 92.
McConuel, Honorable William, 65.
McCook, general commander right
wing, 141.
McCracken, Captain Archibald, 3.
McDonald, Joseph E., member of com
mittee from Indiana, 399.
McDougall, James A., 000.
McHenry, Henry D., of Kentucky, 399.
Mcllvaine. Archibald, cabinet maker, 2.
McKittrick, Major, entertained at camp,
119.
McKittrick, " My cousin," 120.
McKittrick stock returned, 120.
McKinley, William, nominated for presi
dent, 594.
"McLean County Historical Society,"620.
McMillen Hattie, visit to, 151.
McMinnville, 149.
McMurtry, Honorable William, 56.
MePherson, Major-General James B.,
Army of Tennessee, 202.
Menzies, Doctor, mentioned, 155.
Mercantile Protective Company of Chi
cago, reason for veto, 312, 313.
Miles, lieutenant-colonel, mentioned,
108.
Mills, Benjamin, 6.
Missouri Compromise, 60.
Missionary Ridge, 169.
Mitchell, William, senator, mentioned,
544.
Mob at Griggsville, 23.
Mobs, case of Harrison Reed, 316; case
of Hank Leonard, 316; case of Joseph
C. Ramsey, 316.

INDEX.

627

Montgomery, 95.
Monroe, Missouri, 93.
Moore, Doctor, populist member of
legislature, 474.
Moore, William, incident in sleeper, 154.
Moore, Enoch, tailor, trusts me for a
suit, 19.
Moore, Enoch, "ex-ofllcio fund com
missioner," 20.
Moore, Henry W., secretary, 43.
Morgan, Brigadier-General James D.,
mentioned, 113; commander Second
brigade, 102.
Morgan, Richard P., Jr., railroad and
warehouse commissioner, 355.
Morgan's, Mrs., silk dress, 152.
Morrison, William R., delegate from
Illinois, 899.
Morrill, Lot M., delegate to peace con
vention, 84.
Mt. Nebo Lodge, 69.
"Movers," how they traveled, 11.
Movements of the 14th Army Corps, 204.
Muhlman, adjutant-general, 175.
Mundy, Colonel Mark, secures chariot
and pie-bald horses, 241; accompany
to fair grounds, 241.
Murfreesboro, skirmish near, 137.
Murfreesboro turnpike, 129.
Murfreesboro, battle of, 143; evacuated,
144.
Mymother's death, 14.
Mystery about rebel movements, 132,
Nash, Andrew J., tried for murder, 65.
National Republican Convention, 1856,
74.
National Republican Convention, held,
81.
National Silver Party meet at St. Louis,
592; nominate Bryan and Sewall,
592; platform, American financial
system, 592.
National Democratic Convention at In
dianapolis, 594; invocation from
Bishop White, 594; platform, 594;
letters from Cleveland and Carlisle,
597.
Nebraska Democracy, 71.
Nebraska Bill, 24.
Neely, Miss M. A., 39; death, 39.
Negley, General, occupies and holds
Nashville, J24; surprises rebels at
La Vergne, 128.
New Madrid, preparations against, 96.
Newspaper rumors, 190.
Nichols, General, mentioned, 398.
Nominees of convention, 73.
Note from General Thomas, 174.
Noyes, William Curtis, delegate to peace
convention, district lawyer, 85.
"Nullifiers," 125.
Officers of the 14th Regiment, 93.
Oglesby, R. J., offer of governorship,
number of votes, 378.
Oglesby, Governor, my predecessor, our
friendship, 285.
One hundred and one Democrats, 474.
" One-armed Berry." a notorious guer
rilla, 274; visited by ladies, 275.
Oppose monopolies, 313.
Order No. 51, regarding elections, 248-
250.
Order No 10, enfranchising the families
of colored soldiers, 232, 233.
Ottendorfer, Oswald, New York, 399.
Otterville, Missouri, headquarters of
General Pope, 94; leave there for St.
Louis, 96.
Ottawa, debate, 601.
Oswley, William, Associate-justice, 6.

Palmer, Thomas, emigrated to Vir
ginia, 1.
Isaac, grandfather, 1.
Louis D., birth in Virginia; removes
to Illinois in 1831, 1, 4, 10, 11.
Ann McAuley, mother, 1.
Elihu, 17-25.
Isaac, cousin, 19.
Reverend Frank, of Jackson ville,151,
Reverend Henry, member of coni -
tutional convention of 1847, 151.
Palmer, John M., 3, 19, 72.
First fee, 42.
First marriage, 39.
Daughter of James Neely, 39.
House-furnishings, 39.
Method of law study, 27.
Probate-justice of the peace, 41.
Contributor to the American Coloni
zation Society, 41.
Charged with abolitionism, 41.
Delegate to the convention of 1847, 43
Speech in convention, 48.
Resolution in convention, 49.
Republicans on school fund, 61.
Elected probate-justice, 54.
Elected county judge, 54.
Elected to state senate, 56.
Resolutions in senate on Missouri
Compromise, 60.
Vote, 62.
Re-elected to senate, 68.
Nominated for congress, 78.
Delegate to peace convention, 84.
Assigned to command of brigade,
First Division, Army of Missouri,
102.
Reconnoitre on Corinth, 102.
Elected colonel of regiment, 92.
Marches to Rossville, 171.
Circular from General Rosecrans, 259
Replies to circular, 159-162.
Orders to move to Tullahoma, 162.
Sent to Washington, 153.
Commander of division, 143.
Assigned to command of division
formerly commanded by General
Nelson, 140.
Relieves General William S. Smith,
140.
" Read Grotius," 134.
Criticism upon life and speeches of
Stephen A. Douglas, 135.
Tribute to Douglas, 136.
Shot by a boy, 130.
Diary at Nashville, 131.
Message to General Assembly-
Granting pardons, 383, 384.
Advocates laws for the protection
of the poor, 384, 385.
Suggests appointment of an of
ficer to watch administration
of laws, 386.
Railroad and warehouse, 387-390.
Management of penitentiary, 391.
Inebriate asylums, 391-393.
Close of message, 394.
Withdraws to Lee and Gordon's
mills, 173.
Crosses Missionary Ridge to Chatta
nooga valley, 173.
Passed Crawfish Springs, 173.
Division of Twentieth Corps, 181.
Tenders resignation, 191, 192.
Note to General Thomas, 209.
Correspondence with Generals Sher
man and Schofield, 210-221.
Ended connection with Army of the
Cumberland, 221.
Returns to Illinois, 222.
Indicted for bringing slaves into
Missouri, 222.

628

INDEX.

Palmer, John M.—
Names of jurors in trial of case, 222,
223.
Found " not guilty," 223.
Sent to Washington by Governor
Oglesby, 223.
Last interview with Lincoln, 224, 225.
Assigned to Military Department of
Kentucky, 225.
Assumed command, 226,
Addresses legislature at Frankfort,
228, 229,
Reports to Mr. Stanton, 230.
Tenders resignation as major-gen
eral of volunteers, 264.
Four suits pending against in Ken
tucky courts, 264-266.
Letter to adjutant-general United
States, concerning Samuel O. Ber
ry, 274.
Letter to Honorable Lyman Trum
bull; argument in favor of "equal
ity before the law for negroes,"
260-264.
Report;tothe President of the United
States, 253.
Indictment served against, 243.
Given command of Fourteenth
Army Corps, 148.
At Bridgeport, Tennessee, 196.
Resignation not accepted, 196.
Benefited by anger, 198.
Asks to be relieved from command
of the Department of Kentucky,
278, 279.
Returns to Illinois, 278.
Partnership with Miltou Hay, 278.
Organization of G. A. R„ 278.
Ordered to Washington by Secretary
Stanton, 278.
Presides at court-martial at Raleigh,
North Carolina, 278.
Elected commander of G. A. R., 278.
Court-martial at Nashville, Tennes
see, 278.
Conversation with General Grant, 278
Removed to Springfield, 278.
Elected governor of Illinois, 279.
Visits Chicago during fire, 394.
Convened the general assembly, 349.
Message to general assembly,349-354.
Letter to President Grant, 366, 367.
Letter from President Grant to Gen
eral Palmer, 368.
Closing message of administration,
378 379
Fraud in' commercial circles, 880.
Abolition of grand juries, 380-383.
Message to regulate—
Railroad corporation, 320.
Railroads and warehouses, 321.
*' Eminent domain," 321.
Private detectives, 321, 322.
Pardons, 322, 323.
Public education, 324.
Vetoes senate bills—
Nos. 219, 391 and 162, 293.
No. 285, 243.
Inaugural message, 285, 286.
Relative powers and duties of na
tional aud state governments, 287,
288.
Nominated as candidate for United
States senator, 429.
Withdrew in favor of General An
derson, 431.
Speech at reception of General
Grant, 432-435.
Makes speech for Hancock, 437.
Delegate from Illinois, 399.
Supports Tilden, 396.

Palmer, John M.—
Chosen by Mr. Hewitt to go to Louis
iana, 397.
Arrived at New Orreans, 397.
Elected chairman, 397.
Delegate to national Democratic con
vention at Chicago, which nomi
nated Mr. Cleveland, in 1884, 437.
Canvassed for Mr. Cleveland, 437.
Delivered memorial address upon
General Logan, 438-457.
Second marriage, 458.
Accepted nomination for governor
of state, 458.
Speech of acceptance, 463.
Offered help by anarchists, 463.
Letter to Honorable James E. Camp
bell, 465, 466.
State convention met, 466.
Nominated for United States sena
tor, 466.
Speech of acceptance, 466-471.
Correspondence with Honorable
William E. Mason, 471-473.
Elected senator of United States, 473.
Takes seat in United States senate,
475.
On death of Senator Plumb, 475.
Speech on election of senators by
the people, 476.
Idea not novel to niinois, 477.
The " 101 " members of Democratic
legislature regard themselves as
electors, 479.
Omissions of the framers of the con
stitution, 480, 481.
Reference to Dr. Franklin, Mr. Gerry
and others, 482.
Contrasts conditions between 1797
and 1892, 485.
Territory of Illinois, 486.
Constitution of 1818-1847, 487.
" Ingenuous trick " in Illinois legis
lature, 489.
Property of the country, 490.
Personal record for benefit of Mr.
Chandler, 494, 495.
Record in United States Senate —
Opposes pure food bill, 496.
Favors application for G. A. R. en
campment, 496.
Pension for judges of supreme
court, 497.
Opposes control of Indians by war
department, 497-499.
Pension of Andrew McKee, 501.
Debate and speech on the Home
stead affair, 502-510.
Letter to secretary of treasury and
director of mint, 511, 512.
Reply from director of mint, 512.
The "American Sabbath," 513.
Regarding "protection," 514.
Opposes a bill licensing deal in
options, 515.
Discusses national quarantine, 517.
Opposes bill for relief of William
McGarraghan, 517.
Discusses election of senators un
der constitution, 536.
Letter to Isaac H. Webb, 555.
Letter to President Cleveland, 558.
Oration delivered at Snodgrass Hill,
Chickamauga—
Tribute to " Rock of Chickamau
ga;" Rosecrans; Crittenden; Gor
don Granger, 560.
Brannan; Jefferson C. Davis: Philip
H. Sheridan; Lytte," soldier-
poet;" Harker, 561,
Daniel McCook, 562.

INDEX.

629

Palmer, John M.—
Remarks ou acceptance of Marquette
statue, 576.
By request of secretary of war, de
livered short oration on unveiling
of the Hancock memorial statue,
580.
Nominated as candidate for presi
dent, 597.
Formally notified at Louisville, 597.
Speech of acceptance, 597-599.
Visited Philadelphia, 600.
Witness parade of "sound money
men" in Chicago, 617.
Met General Buckner; trips through
Michigan; entertained by General
Don Dickinson; went to Cincin
nati, Louisville and Nashville, 617.
Wisdom of arresting citizens in
Franklin confirmed, 617.
Spoke in Columbia, Pulaski, Bir
mingham, Mobile and New Or
leans, 618.
" Ex post facto law," 618.
Rejoins General Buckner, 618.
Speaks at St. Paul, Minneapolis,
Omaha, Ottumwa, Mt. Pleasant,
Burlington, Warrensburg, Kansas
City, and witnesses parade of
"sound money men" at St. Louis,
618.
Paine, General E. A., commander of di
vision, 102; mentioned, 108.
Palmyra, Missouri, 93.
Papers submitted to general assembly,
364-369; extract from "Chicago Jour
nal," 365.
Peace convention assembled, 84; dele
gate to, 84, 85.
Pea Vine Creek valley, 171; humiliating
capture of troops. 172.
Peden, Captain, anecdote, 148.
Pitcher, Captain Thomas C, musters in
regulars, 93.
Pittman, William, 77.
Platform of convention, 81.
Polk, James K., 37, 38; Democratic can
didate for president, 125; called the
"Young Hickory," 125.
Polk, General, killed at Pine Mountain,
204.
Political influence in the army, 157.
Popular sovereignty, 67.
Populist national convention at St.
Louis; nominate Bryan and Watson;
demand free and unrestricted coin
age of silver and gold at ratio of six
teen to one, 593.
Post, Mrs. Philip 8., entertained by, 601.
Prairies of Illinois, 12.
Preacher captured, 163.
Prentiss, Colonel Benjamin, reply to
Kentucky colonel, 92.
Pruden, Major, secretary of President
Cleveland, 194.
Pulaski, Tennessee, 116, 117; treatment
by women, 118.
Qualifications of national electors, 410,
426.
Quantrell, 95.
Quincy, Illinois, encam ped at, 93; debate
of Lincoln and Dou glas, 601.
"Quincy, Missouri Pacifica Railroad Com
pany," 305-308.
Race for battlefield, 174.
Radford, Mrs. Reuben, old friend, 251.
Radford, Captain, Sunday preaching
and whisky, 10.
Randall, Samuel J., from Pennsylvania,
399.

Railroad commissioners; Illinois Cen
tral Railroad, 295-297, 299, 301, 302;
Chicago, Burlington aud Quincy
Railroad, 296, 299, 301; Michigan Cen
tral Railroad, 296, 301.
Raisin River, affair at, 3.
Readyville, incident at, 150.
Ready, Honorable Charles (daughter
married John H. Morgan), 151.
Reasons for, vetoing "Lake Front bill,"
304, 305.
Rebels made an attack, 181.
Recklessness of legislature of 1869, 316.
"Red-legs," 94.
Refugees come in, 134.
Renick, Missouri, batallion of 14th, 93.
Representations made to the United
States House of Representatives:
George F. Hoar, William A. Wheeler,
William P. Fry, 410, 421.
Republican, letter in reference to a con
ference, 400, 401; correspondence
with Democratic chairman, 406, 407;
national convention at St. Louis,
financial plank of platform, 594.
Republican party, "anything to beat
Blaine" (candidate for nomination
for presidency), 395.
Republicans, 31.
Reseca, battle at; evacuated by rebels,
203.
Resignation of General Palmer; its cu
rious history, 193.
Reynolds, of Fourteenth Corps, 181.
Rice, Honorable John B., mayor of Chi
cago, 301.
Riddle's Point, ordered to, 96; incident
at, 99-101.
Ringgold, Georgia, 170; reconnaissance
upon, 199.
Rives, William C, district senator,
peace convention, 85.
Roberts, Colonel George W., commander
of brigade, 113; "one of the most
gallant of men," 121.
Robertson, Judge George, letter to, 247,
248.
Robinson, Colonel Milton S., 176; con
cerned for his men, 178; "Greeley
speech," 178, 179.
Rodgers, Colonel Andrew Fuller, 21.
Rodgers, Reverend Ebenezer, 21.
Rome, rebels driven out by Davis, 203.
Ronald, Mr., sheriff of Jefferson county,
245.
Ross, Lewis M., 80.
Rossville, village of, 170.
Rosecrans, General, 115, 124, 174; to suc
ceed Buell in command, march
toward Nashville, 138; sends order
through Crittenden (General), 143;
personal courage, 146, 147; relieved,
191; disapproves acceptance of Gen
eral Palmer's resignation, 193.
Rousseau's division, 146.
Roy, brother, 16.
Rumors from rebel sources, 131.
Russell's battery, 182.
Rutledge, William J., chaplain Four
teenth Illinois Infantry, 278.
Rutherford's creek, 120; bridge over, 121.
Salary of judges, 57.
Scammon, J. Y., 30.
Scarret, Major, takes prisoners, 123.
Scofleld, major-general Army of the
Ohio, 202.
Scott, Larkin, murdered, 34.
Sedden, James A., delegate to peace
convention, 85; confederate secre
tary of war, 85.

630

INDEX.

Sedgewick, Colonel, 197.
Secretary of war (Mr. Stanton) interview
with, 153.
Selling clocks, 22.
Semple, General James, 13, 14.
"Senate bill No. 652ft 291.
Sequatchie Valley, its position, 168.
Sewall, Arthur, nominated for vice-
president, 591.
"Sewardmen," 80.
Seward, W. H., choice of New Jersey
delegation for president, 81.
Shaw, Lieutenant John E., climbed a
tree, 148; as advance guard, 129.
Shelbyville Coal Company, 291.
Sheridan, Lieutenant-General P. H., dis
patch to, 347; telegram from, 348; is
sued order to Frank T. Sherman,
355, 356.
Sheridan's division, 145.
Sherman, General William T., com
mander of army, 202.
Shields, General James, 71.
Siegel, General, 94.
Singular incident, 122.
Sixth Kentucky Infantry, 148.
Slate, Mr., " dangerous person," 114.
Smith, Theodore, chief-justice, 312; ar
raignment of license, 31.
Smith, George B., member of committee
from Wisconsin, 399.
Snow in October, 137.
Solomon, Lewis, Sr., candidate for seat
in the convention of 1847, 43.
"Southern Confederate newspaper,"
175.
Sowers arrested, 93.
"Special order No. 64," affair at Bards
town, 268, 269.
Springfield, visit to, 30.
Stager, General A., telegram from, 344;
telegram to, from governor, 345.
Stanton, Illinois, meeting at, 29.
Stanley, General, controversy with
Hazen, 146.
Starne, Alexander, elected state treas
urer, 140.
State legislature, special session, 91.
Stevenson, Doctor, surgeon 14th Illinois
Infantry, 278.
Stevenson, J. W., of Kentucky, 399.
Stewart's Creek, 142.
Strait, Mr., brings news, 134.
Stokes, Jordan, "one of the senators,"
132.
Stone river, 143; battle of, 148.
Stuart, John T., first meeting with, 24;
elected to congress, 140.
Sturgeon, Missouri, leave of absence, 94.
" Submerged lands constituting the bed
of Lake Michigan," 302.
" Substantially free," 242.
"Sue Mundy " (Jerome Clark) hanged,
272.
Swanwick, Major, 106.
Swanwick, Gregory Senife, officers,
captured, 135.
Swett, Leonard, defeated by Stuart, 140.
Terrell, Captain Marion, 268.
"Texas," Jonathan Billingboy, 269;
killed by Allen Parmer, 271.
"Texas revolution," 18; arrested for
debt, 19.
Thomas, General, 14th Corps, 181; com
mands the center of division, 141;
becomes acquainted with, 124; com
mander Army of the Cumberland,
202.

Thompson, Jacob, secretary of the in
terior, 88.
Tilden, Samuel J., nominated for pre
sident, 000; esteemed by the Demo
cratic party, 000.
Tiptonville, Tennessee, construction of
earthworks, 97; position of troops, 97.
Todd, Aaron and William, 35.
Todd, guerrilla, 95.
Treat, Theodore N., student Chicago
university, 361; member Union
cadets, 361.
Trimble, John, his ideas, 131.
Trumbull, Lyman, 23, 71, 72; delegate
from Illinois, 399; Honorable, letter
to him, 260-264, 399.
Tuck, Amos, delegate to peace con
vention, 84.
Tullahoma, 149.
Tunnel Hill, skirmish at, 200; houses
burned, 201; mentioned, 203.
Turner. Thomas J., delegate to peace
convention, 84.
Turpie, Senator, 541.
Tutt, Lewis, grandfather, 2.
Tutt, Ann Hansford, mother, 2.
Tyler, John, delegate to peace conven
tion, 85; vice-president, 38.
Tyler, Judge, president of peace con
vention, 84.
Van Cleve, General Horatio P., com
mander of division, 143.
Van Buren, Martin, 36.
Venice, Madison county, veto act to in
corporate, 293.
Veto many bills, 292.
Virden, town of, 55; 4th of July. 63.
Wadsworth, James S., delegate to peace
convention, 85; killed in Civil War,
85.
Waldron's Ridge, crossed with Hazen's
brigade, 168.
Washington City, 600.
Watkins, General, ordered to capture
jail, 245.
Watterson, Henry, of Kentucky, 399.
Walker, Doctor Mary, "contract sur
geon," 227.
Walker, Isaac P., 81; senator from Wis
consin, 601.
Webb, Isaac H., letter to, 555; concern
ing the position of the Democracy of
Illinois on the money question, 556.
Webb, E. B., 56.
Wells, member of returning board, 399.
Wheeler, General, 142, 147.
Whig party, 37.
Whigs, 73.
Whittaker, Miss Harriet, visit to, 167.
Wilson, John A., sergeant-at-arms, 43.
Wilson, Hall, sent to Cairo, 91.
Wilson Creek, battle at, 94.
Williams, Archibald, 72.
Williams is here, 435.
Winchester, Major P. H., 000.
Wines, Reverend F. H., secretary of
board of public charities, 344.
Wrights, Crafts J., secretary of the
peace convention, 84.
Wright, B. G., 878.
Wood, Thomas J„ brigadier-general,
commander of division, 143; misun
derstanding of orders, 142.
Wood, General John E., delegate to
peace convention, 85.
Wood, John, delegate to peace conven
tion, 84.

INDEX.

631

Wood, Governor, " so earnest and sin
cere," 435.
Woodbury, Rebel position at, 149.
Woodson, David M.. 66.
Woodson, Hezekiah, teacher in Ken
tucky, 4.
Yates. Richard, nominated for gov
ernor, 80; eloquent orator and pa

triot, 435; appointed delegate to
peace convention, 84; telegram from,
Yancey, Isabella, 1.
Yulee, senator from Florida, writes to
legislature of Maryland, 89.
Zollicoffer, General, killed, 126.

3 9002

fe

CD