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For the People
A New sletter o f the Ab raham Linco ln Asso ciatio n
V o l u m e 8, N u m b e r 3 A u t u m n 2006 S p r i n g f i e l d, I l l i n o i s
Wer e Lin col n’ s Asp ir at io ns fo r th e Hi ghest Cou rt
Thwa rt ed by Pol it ics?
By Dan Bannister the Territorial government before mind, to a nine-to-five job where he
W
hile searching around in my 1818 and any of its statues that were spent every evening at home. He cer-
mind for something original deemed “suited to our condition,” as tainly seemed to thrive on the circuit
to write about Lincoln, I part of that canopy. This self-published court practice in his earlier years when
reviewed what my fairly short shallow book, Lincoln and the Illinois Supreme he was not at home for weeks at a time.
study of Lincoln’s life could reveal. Court, was a much more interesting Perhaps the most pragmatic
The only part of his life I had familiar- “read” in my opinion. answer to the question is there were
ity with was his legal practice before This work whet my interest in the very few, if any, opportunities for a
the Supreme Court of Illinois. I had Supreme Court and, as I read the Whig/Republican to be appointed to
the privilege in 1992 to read, as a vol- other 90 percent of the cases in which the Supreme Court in the antebellum
unteer with the Lincoln Legal Papers, Lincoln was not involved, I wondered times. Most of the appointments after
the 330 or so cases in which Lincoln if Lincoln had ever lusted to be on the the first four Justices were appointed in
and/or his partner at that particular Supreme Court himself. Then when 1819 went to Democrats. In 1840
time were involved. My assignment some kind person suggested I might there were five more Justices appoint-
was to read each case and fill out a write an article for this publication, I ed, and since the legislature had a
form with the vital details of each. At started the mind search for something Democratic majority, all of those
the same time I wrote about each case original (to me, at least) to write appointed were Democrats. In 1848
as a short story; the stories were not about, and, remembering Edgar Allen the Court was reduced to three Jus-
needed by the project for publication. Poe’s Purloined Letter, I found my tices who were elected by the people.
With Cullom Davis’s blessing, I self answer in the obvious place—my long- A review of the appointments to the
published my first book, Lincoln and ago wondering whether Lincoln ever court in this period compared with
the Illinois Supreme Court, with every wanted to be one of the Justices on the Lincoln’s own career development
case presented in chronological order highest court of this state. reveals limited opportunities for his
with no additional commentary. Lincoln certainly had the intelli- appointment to the Illinois Supreme
The next seemingly logical step gence, compassion, and intuitive sense Court, if he had sought the job.
was to sort out the most interesting to recognize the common sense of the Lincoln was admitted to the bar in
cases, about 130, and to present these English common law, as well as a sin- Illinois in 1837 at the age of twenty-
cases by subject matter with editorial cere desire to lend his talents to assist eight. He commenced his practice in
comment. An important part of this his fellow men. Some of the reasons partnership with John Todd Stuart,
was a brief history of the Supreme why he never saw a role in the state who spent about half of his time in this
Court of Illinois, together with an Supreme Court as his main ambition partnership in the United States Con-
explanation of its most important could have been: first, he was a very gress, so Lincoln’s on-the-job training
responsibility of monitoring and proactive man who wanted to be in the depended to a large extent quite on his
defending the quintessential judicial main legal action, advising and repre- own special talents. He was involved in
canopy with the legislature in 1819 senting clients in the judicial arena, eight state Supreme Court cases by
had created. This canopy was essential where his competitive spirit could be 1840, when the court was increased to
to protect the personal and property better satisfied. Second, he seemed to nine members. Having been an attor-
rights of its citizens. This protective thrive in the company of people where ney for only three years, however, he
canopy was created by the state legisla- his people skills were better served. was too inexperienced to be consid-
ture, which, in its first passed statute, Third, personal and financial rewards ered for membership on the court at
established English common law as the were more readily won by him in the this time, even if he had the requisite
civil common law of our state. The leg- active practice of law. Fourth, as sug- political-party affiliation. The 1818
islature also enacted additional legisla- gested by some psychohistory scholars, four-justice court was composed of
tion that included the common law of his home life was not conducive, in his continued on page 42 For th e People
Li nco ln ’s Sp ri ng fi el d
The U nder gr ou nd Railro ad
Part 3
By Richard E. Hart various capacities until he went to “between Rutledge and Klein” and
“west of Gas Works.”65 Maria Vance,
P
arts 1 and 2 of “Lincoln’s Washington as president. When Lin-
Springfield: The Underground coln’s body was brought back to the Lincoln maid, was their neighbor.66
Railroad” focused on activity in Springfield in May 1865, Brown was In 1877 Aaron and Harriet Dyer
and around what is now known as sent a telegram requesting that he moved to Lincoln, Illinois, to be near
Farmingdale, Illinois, and began the come from Quincy to Springfield for their daughter and have her family’s
story of Springfield’s involvement in the Lincoln funeral. He and another assistance as they grew older. Their
the Underground Railroad and intro- local minister, Reverend W. C. Trevan, grandson, William, was a neighbor and
duced some of the African American led Lincoln’s old family horse “Bob” childhood friend of William Maxwell,
conductors. in the funeral procession.60 who became the noted editor of the
Henry Brown died at his New Yorker magazine. In a poignant
Reverend Henry Brown Springfield residence on September 3, reminiscence of his boyhood days in
1906, at age eighty-three. The head- Lincoln, Maxwell described his friend
African American Henry Brown line of his obituary read: “NEGRO “Billie Dyer,” and in doing so Billie’s
was born in Raleigh, North Carolina, EMPLOYED BY LINCOLN DEAD . grandfather, Aaron.67
on April 17, 1823. In 1835 he moved . . Was of Massive Build and With Rev.
to Ohio, and one year later to Rush W. C. Trevan Led Lincoln’s Horses in Billie Dyer’s grandfather, Aaron Dyer, was
County, Indiana, where from 1837 to Martyred President’s Funeral born a slave in Richmond, Virginia, and
1843 he was a farm laborer for a Quak- Cortege.”61 given his freedom when he turned twenty-
er family. Brown was of immense phys- one. He made his way north to Springfield,
ical stature, standing six feet three Aaron Dyer Illinois, because it was a station of the
inches and weighing 250 pounds. Underground Railroad. . . . In Springfield,
Brown studied to become an African American Aaron Dyer was the feeling against slavery was strong; a
African Methodist Episcopal Church born a slave in Richmond, Virginia, on runaway slave would be hidden sometimes
preacher and was licensed to preach November 15, 1818. In 1840 at age for weeks until the owner who had traced
about 1846. He then began an itiner- twenty-one, Dyer was given his free- him that far gave up and went home. Then
ant ministry, walking from town to dom. He came to Springfield, Illinois, Aaron Dyer would hitch up the horse and
town. He was often refused meals and in 1846.62 Dyer “was employed by the wagon he had been provided with, and at
lodging because of his race. In 1847 he underground railway. He drove his night the fugitive, covered with gunnysacks
married at Paris, Illinois, and shortly horse and wagon at night, taking run- or an old horse blanket, would be driven
thereafter moved to Springfield. away slaves to the next underground along some winding wagon trail that led
Except for four years residence at Gale- station. When they reached through the prairie. Clop, clop, clopty
na and Quincy, he lived in Springfield. Springfield, where the feeling against clop. Past farm buildings that were all dark
In 1860 he lived at the northeast cor- slavery was strong, they were fairly and ominous. Fording shallow streams and
ner of Tenth and Madison streets, and safe, although there were times when crossing bridges with loose wooden floor-
later at 1530 East Mason Street.58 their masters traced them there and boards that rumbled. Arousing the com-
In both Quincy and Springfield then they would be kept in hiding for ment of owls. Sometime Aaron Dyer sang
Brown helped runaway slaves move as long as three weeks, or until the softly to himself. Uppermost in his mind,
north on the Underground Railroad. chase was given up and their masters who can doubt, was the thought of a hand
On one occasion he reportedly gave returned without them. Springfield pulling back those gunnysacks to see what
his own coat and vest to a poor black was a center for the underground rail- was under them.68
man. “Many a poor slave escaping by way.”63
means of the underground railway dur- In Springfield, Dyer worked as a Jenkins, Donnegan, Brown, and
ing the civil war, was upheld on his way blacksmith and drayman. His family Dyer are known not for their service as
by Mr. Brown, who acted as a ‘conduc- consisted of his wife, Harriet Welden Underground Railroad conductors,
tor’ at Quincy and Springfield stations. Dyer, who was born a slave in North but for other events and relationships
His idea of the golden rule was illus- Carolina about 1827, and three chil- in their lives.
trated by one instance when he gave dren, all born in Illinois: John, Eliza- Jenkins was a Lincoln neighbor,
his own coat and vest to a poor fellow beth, and Aaron.64 They lived in a living in the block south of the Lincoln
who was without one.”59 small African American residential clus- home. On February 11, 1861, he
Brown was a great admirer of ter on the north side of the three hun- drove Lincoln on his final Springfield
Abraham Lincoln and served him in dred block of West Washington Street, continued on next pageFor th e People 3
L inco ln’s Sp rin gf ield
Th e U n de r g r o u n d R a i l r o a d
THE ABRAHAM LINCOLN
P ar t 3
ASSOCIATION
RICHARD E. HART
President
continued from previous page 1873); Julius Babeuf, comp., Babeuf’s
BARBARA HUGHETT
ROBERT J. LENZ trip to the Great Western Railroad Directory of Springfield, Illinois for the year
ROBERT WILLARD depot, where Lincoln gave his Farewell 1875, 3d rd. (Springfield: Illinois Journal
Vice-Presidents Address and left Springfield for Wash- Co., 1875).
THOMAS F. SCHWARTZ ington. 59
History of Sangamon County, Illinois
Secretary
Donnegan was Lincoln’s friend (Chicago: Inter-State Publishing, 1881),
ROBERT A. STUART JR.
Treasurer and shoemaker. He was murdered by a 736.
60
ROGER D. BRIDGES mob in the 1908 Springfield Race Ibid.; William Ray Wood, MS, 1–2,
Immediate Past-President Riot, prompting the formation of the Sangamon Valley Collection, Lincoln
MARY SHEPHERD National Association for the Advance- Library, Springfield, Illinois.
Executive Assistant ment of Colored People. 61
Illinois State Journal, Sept. 4, 1906.
Board of Directors Brown did personal work for Lin- 62
1870 United States Census.
Kenneth L. Anderson 63
Molly M. Becker coln and was summoned to lead Lin- “Memoirs of African American Har-
Michael Burlingame coln’s horse, “Old Bob,” in Lincoln’s riet Dyer Brummel,” in Raymond Dooley,
Brooks Davis Springfield funeral procession. ed., The Namesake Town: A Centennial
Rodney O. Davis
Robert S. Eckley Dyer was the grandfather of History of Lincoln, Illinois (Lincoln, Ill.,
Allen C. Guelzo William “Billie” Dyer, the first African 1953), 33. Harriet Dyer Brummel was the
Kathryn M. Harris American physician from Lincoln, Illi- sister of Billie Dyer, the subject of Billie
Earl W. Henderson Jr.
Fred B. Hoffmann nois. William was the author of a clas- Dyer and Other Stories by William Maxwell.
64
David Joens sic World War I diary, and his youthful 1850 United States Census.
Ron J. Keller days in Lincoln, Illinois, and grandfa- 65
1860 United States Census, 454; C. S.
Lee McTurnan
Richard W. Maroc ther Aaron’s Underground Railroad Williams, comp., Williams’ Springfield
Myron Marty activities are immortalized in William Directory, City Guide and Business Mirror,
Richard Mills Maxwell’s short story, Billie Dyer and for 1860-61 (Springfield, Ill.: Johnson &
Susan Mogerman
Georgia Northrup Other Stories. Bradford, 1860).
66
Phillip S. Paludan Yes, there were a few brave souls in 1870 United States Census; R. L.
James W. Patton III Lincoln’s Springfield who took enor- Dudley & Co., Springfield City Directory,
Mark Plummer
Marvin Sanderman mous personal risks to help runaway For 1869-70, Containing a Complete List of
William G. Shepherd slaves move north from Springfield on All Residents in the City; Also, a Classified
Brooks D. Simpson the Underground Railroad. Lincoln Business Directory of the Merchants and Pro-
Daniel W. Stowell
Nicky Stratton knew these men to be Underground fessional Men in the City (Springfield, Ill.:
Louise Taper Railroad conductors as surely as he Daily State Register Steam Printing House,
Donald R. Tracy knew that one of them made his boots 1869).
Andy Van Meter 67
Margaret Van Meter and another drove for him on his last Lincoln Daily Courier, Sept. 3, 1900.
Daniel R. Weinberg Springfield carriage ride. Alas, he did They lived on West Eighth Street at the
Stewart L. Winger not know that Brown would lead his time of Harriet’s death on March 5, 1897.
Kenneth J. Winkle
horse in his final journey to Oak Ridge At the time of Aaron’s death on September
Honorary Directors
Governor Rod R. Blagojevich Cemetery, but he had to know that his 2, 1900, he was living at the corner of
Senator Richard Durbin friend Brown was also among those Tenth and Madison streets. Their funerals
Senator Barack Obama brave souls—African American con- were conducted from the African
Congressman Ray LaHood
Congressman John Shimkus ductors on the Under-ground Railroad Methodist Episcopal Church at 910
Justice Rita Garman at Springfield. Broadway, and they were buried in Union
Mayor Timothy J. Davlin Jenkins, Donnegan, and Brown Cemetery, Lincoln, Illinois. Death Record,
Emeritus Directors are all buried close to one another in Illinois Department of Public Health,
Cullom Davis
John J. Trutter the “Colored Section” of Oak Ridge Springfield.
Harlington Wood Jr. Cemetery,69 just across the way from 68
William Maxwell, Billie Dyer and
Distinguished Directors their friend, Abraham Lincoln, and Other Stories (New York: Alfred A. Knopf,
Mario M. Cuomo seven miles east of Farmington. 1992), 6–7.
David Herbert Donald
John Hope Franklin
69
Oak Ridge Cemetery Records,
58
Harry V. Jaffa Brown was listed as living at the same Springfield, Ill. Jamieson Jenkins is buried
Robert W. Johannsen address in 1873, 1874, and 1875. David B. in Lot 16, Block 5. William Donnegan is
Garry Wills
Gould & Co., Gould’s Springfield Directo- buried in Lot 83, S ½, Block 5. Henry
ry for 1873–4 (Springfield, Ill.: Journal Co., Brown is buried in Lot 118, Block 5.4 For th e People
Wer e L inco ln’s Asp ir ations fo r the Hig hest Co u rt Th warted b y
Politic s?
continued from page 1 swindler, moving from city to city, brought, which in common law is a
three Whigs and one Democrat. The swindling strangers, and prostituting claim to office. The People were repre-
five new appointees were all Democ- his daughter, who was very beautiful.” sented by Jesse B. Thomas, Stephen A.
rats. The Foster debacle provided a Douglas, James Shields, John A.
The change from four to nine jus- good reason for having Justices elected McClernand, and Attorney General
tices had a major influence on the by the people, which finally was Wicliff. Field was represented by him-
development of Illinois. A brief review accomplished in the Constitution of self, Clyde Walker, Justin Butterfield,
of the court both before and after one 1848. A more immediate benefit was and Levi Davis.
of the most important Supreme Court the selection of William Wilson to The case was brought before
cases in the antebellum period, Field v. replace Foster. Wilson was a lawyer Judge Sidney Breese (a Democrat)
The People ex. rel. McClernand, iden- trained in Virginia, and had finished who ruled for the people holding that
tifies a major impediment that Lincoln fifth on the original list the delegates Field had to vacate the office. The
would have encountered if he had tried made for the choice of justices at the decision was reversed by the Illinois
to be appointed to the court after constitutional convention. He served Supreme Court, with Justices Wilson
1840. until 1848, and was Chief Justice for and Lockwood, both Whigs, concur-
The first four justices were chosen the last twenty years. He was a Whig ring in favor of Field; Justice Smith, a
by the constitutional convention, and definitely one of the better Justices Democrat, dissenting; and Justice
which produced the state’s original in the antebellum period. So was Browne, a Whig, not sitting in the case
Constitution. The first four Justices Samuel D. Lockwood, who had the because of his relationship with
were Joseph Phillips, John Reynolds, same two qualities, who replaced John McClernand.
Thomas C. Browne, and William P. Reynolds in 1825. He was licensed to Chief Justice Wilson’s forty-four-
Foster. Phillips was chosen Chief Jus- practice law in New York in 1811 and page opinion stated that neither the
tice and had a reputation as a fine in Illinois in 1818. Thomas Reynolds executive nor the judiciary could exe-
lawyer of intellectual endowments. He replaced Phillips in 1822. He was cute any authority of power, except
held office four years, resigned to run admitted to the bar in Illinois in 1812 such as is clearly granted by the consti-
for governor, lost, and left the state. and served as Chief Justice until 1825, tution. Under the Illinois Constitu-
Reynolds was admitted to the bar in when he moved to Missouri. He was tion, the appointing power does not
1812 and apparently was better known replaced by Theopolis Smith who have the automatic power to remove
as a politician than as a lawyer. He was studied law in Aaron Burr’s law office an incumbent from office. The secre-
not reelected to the bar at the end of and had a reputation as an active politi- tary of state is a constitutional officer
his term in 1825, but he did have cian when he joined the court. He was whose role and powers are specified in
enough talent and popularity to be acquitted of impeachment charges in the constitution, and his tenure is
elected governor in 1830. Browne, the 1833, and served on the court until undefined and unlimited. The legisla-
lone Democrat, served on the court 1848. ture has the power to limit the term of
until 1848, when the court was The court served in harmony with his office, but until it does so, the sec-
reduced to three members. He did not quintessential service rendered to the retary can hold office.
write an opinion of any weight during development of our state in the 1830s. Justice Wilson cited two Illinois
the entire period. During his term Lincoln argued his first case before this cases that held that incumbents in gov-
there was an attempt, which failed, to tribunal in 1837. In 1839 the Field ernment offices could not be removed
impeach him for general incompe- case reported next triggered a serious from office at the will or pleasure of
tence. Foster was a total bust. He obvi- disharmony between the two domi- their superior officers. Breese, the cir-
ously was a man of great charm, but as nant political parties—the Whigs and cuit court judge, said he knew about
it turned out he had no knowledge of Democrats. This relationship was exac- those cases, but since he did not agree
the law. Thomas Ford, in his History of erbated by the Spragins case discussed with them, he was not going to be very
Illinois (1854), said of Foster: “He was after the Field case. clear: when the Supreme Court
assigned to hold courts in the circuit In Field, Governor Thomas Car- decides what the law is on a given
on the Wabash, but being fearful of lin, a Democrat, attempted to fire the point, in instances coming up again in
exposing his utter incompetence, he incumbent Whig Secretary of State, litigation, all the other courts in the
never went near any one of them. In Alexander P. Field, immediately after state are bound to conform to the law.
the course of one year, he resigned his being elected. He wanted to fill that Wilson wrote: “A different rule would
high office, but took first to pocket his office with John A. McClernand, a fel- destroy all stability and uniformity in
salary, and then moved out of the state. low Democrat. Field refused to leave, the rules of law, which is so essential to
He afterwards became a noted and an action of quo warranto was the administration of justice, and theFor th e People 5
safety of the citizens. If every judge can provided that all white male inhabi- ber term which would carry it beyond the
decide according to his private senti- tants above the age of twenty-one Presidential election.
ments, without regard to precedent or years, having resided in the state six
authority, there may be as many rules months next preceding the election, The Whigs elected the president
of decision as there are circuits, and the shall enjoy the right of an elector. The but failed to carry Illinois—the major-
decision of one day would furnish no only question in which both parties ity being in favor of Martin Van Buren.
rule for the decision of the next.” agreed was whether the word “resi- The foreign vote along the canal in
Justice Smith, in his dissenting dent” means “citizen” or not. Both Cook and LaSalle counties and in St.
opinion, wrote that under the United parties agreed the case should be Clair, more than turned the scale. The
States Constitution, the president appealed to the Supreme Court for an Democrats also succeeded in electing a
could dismiss the national secretary of answer to that question. large majority of the Twelfth General
state. The Illinois Constitution, he It was ultimately decided by the Assembly; the Senate standing twenty-
emphasized, was patterned after the court, albeit after the presidential elec- six Democrats and fourteen Whigs; the
nation’s Constitution, and as the state tion of 1840, that the word “inhabi- House fifty-one Democrats and forty
constitution was adopted in 1818, tant” meant “one who dwells, lives, Whigs.
thirty one years after that of the Unit- resides, or has his home in a place,” The governor availed himself of
ed States, it is fair legal inference that and the word “citizen” means in the the first opportunity, offering to over-
by the adoption, it was intended to United States “a person native born, or ride and virtually to reverse the deci-
adopt the construction given to that naturalized according to the acts of sion of the Supreme Court by prompt-
from which it was taken, and to which congress.” Thus Jeremiah Kyle was ly confirming Stephen A. Douglas,
it is in so many essential parts entirely entitled to vote. The important politi- whose nomination as Secretary of State
analogous. cal influence of this case is explained in was among the first official acts of the
Justice Lockwood, agreeing with a book written by John Moses entitled governor after the assembling of the
the majority, pointed out the essential Illinois Historical and Statistical pub- called session on November 30, 1840.
differences in the two offices. The lished by Fergus Printing Company in Douglas served until February 24,
United States secretary of state assists 1889: 1841, when he was appointed to the
the president in the management of Illinois Supreme Court. Douglas was
peace and war, the negotiation of It was the opinion of many leading Whigs succeeded by Lyman Trumbull who
treaties with foreign nations, and in the that the right of suffrage was limited to cit- was confirmed by a vote of 22 to 13.
regulation of commerce. There must izens of the United States and that the Moses further explains:
be a confidential relationship between courts would so decide. There were at this
the two, and the president must be time about 10,000 foreigners in the state, [W]hile in the passage of the local measures
able to control the secretary. The 9/10 of whom allied themselves with the (in the legislature) relating to improve-
power to remove a secretary in the Democratic Party. Their vote at the elec- ments, taxes, and the payment of interest,
constitution, rendered to both the tion of 1840 might not only determine the party lines were not drawn, the resent-
governor and the legislature. The sec- political contest for the control of the state, ments engendered by the late stormy pres-
retary has no confidential role with the but possibly for that of the United States. idential contest were still bitter and deep
governor, and is not under the gover- TO retain their support on one hand or seated. The Democrats who deeply felt
nor’s control. The settled doctrine is eliminate it on the other had therefore their loss of control of national affairs,
that construction for the purpose of become a question of vital importance to determined to make the most of their
conferring power should be resorted both parties. To bring it to an issue an supremacy in the state, and looked with
to with great caution, and only for the agreed case was made in Galena, in which jealous eyes on the Supreme Court which
most persuasive reasons. Such reasons Judge Stone decided against the right of was composed of three Whigs and one
as are not present in this case. aliens to vote. It was carried to the Democrat. A pretext to change its political
Another case that was extremely Supreme Court where it was heard in makeup was not wanting. Its decision in
important to both political parties was 1839, at which the excitement and turmoil one case (Field) and its failure to decide in
finally decided in December 1840, a of the presidential election was at its zenith. another (Spragins) in both of which the
very short time before the election of If, as feared by the Democrats, the case party was directly concerned, had been
William Henry Harrison, a Whig, as should be decided adversely to the right of exceedingly obnoxious. . . . The Democrats
President of the United States. The aliens to vote, they would unquestionably however were determined to run no fur-
case is Spragins v. Houghton, and action lose the state. Justice Smith, however, had ther risk of what they termed political deci-
under an election statue against Spra- discovered a serious defect in the record, in sions against them by the Supreme Court,
gins who was an election judge in an which, instead of 1838, the year 1839 had and on December 10, 1840 Senator Adam
election in 1838 for state and local been alleged as that in which the general W. Snyder introduced a bill to reorganize
offices allowed one Jeremiah Kyle, a election occurred, communicated that fact the judiciary by which the judges of the cir-
native of Ireland and not a naturalized to counsel, who succeeded by showing this cuit court were to be legislated out of office
citizen, to vote. The 1818 constitution error in continuing this case to the Decem- continued on page 66 For th e People
Wer e L inco ln’s Asp ir ations fo r the Hig hest Co u rt Th warted b y
Politic s?
continued from page 5 later. The animosities engendered by ary 15, 1841, and the first meeting of
and provision made for the appointment, the Field and Spragins cases continued the nine Justices was for the July term,
by the legislature of five additional justices in the Democratic-controlled legisla- 1841.
of the Supreme Court, who, together with ture. Elliott Anthony in The Constitu- Three of the Justices resigned in
the four existing members should hold the tional History of Illinois, published in 1842. Ford resigned on August 1,
circuit courts. In the meantime, the 1891, reasoned: 1842, to run for governor, and was
Supreme Court had decided the case (Spra- replaced by Caton, who was born in
gins) in which it was found that under the The bill (increasing the Justices to nine), New York and practiced law there. He
record the constitutional question was not was, however, passed by a majority of one, moved to Chicago in 1833 to practice
involved, but merely one of construction and that vote was given by a member who law, and was twenty-nine when
under the election law of 1829. It was opposed the bill on its passage and who appointed to the court. Justice Breese
alleged however, that this decision had immediately after was appointed clerk of resigned effective December 19, 1842.
been rendered in order to mislead the the Supreme Court as newly organized, the He was replaced by James Semple,
dominant party as to the ultimate result of five new judges, without any consultation who practiced law in Kentucky, and
the litigation, and a view to affect pending whatever with their associates, turning out was a brigadier general in the Black
legislative action against the judiciary. It the old clerk and putting this very consci- Hawk War. Smith, who had been on
was even charged on no less authority than entious and reformatory member in his the court since 1825, resigned on
Justice Smith was ultimately forced to join. place. But this was not all. The old judges, December 26, 1842, and was replaced
The discussion of the bill continued with it mattered not where they lived, were by Richard M. Young, who had served
great bitterness for several weeks, its pas- assigned to circuits so far removed from as a circuit court judge in Chicago. All
sage being opposed by not only the Whigs their homes as possible, and they were three of these replacements were
but by a few Democrats as well, and espe- treated with every mark of discourtesy Democrats, so Lincoln was left out
cially by the friends of the incumbent cir- within their power. Old Judge Brown, again because the Democrats were still
cuit judges. Most of the judges however, whose home was in Shawneetown in the savoring the results of their victory in
were won over by promises of re-election. extreme southern part of the State, was taking over the Supreme Court, and
The measure was finally passes, and was assigned to the Galena district. enjoying the spoils.
returned by the Council of Revision with This euphoria continued up to and
their objections, but was reenacted by the The legislature appointed five new beyond the Constitution of 1848.
bare majority, however, by one vote in the Justices, all Democrats: Samuel H. Some justices resigned during this
House. Governor Ford, though he owed to Treat, Thomas Ford, Sidney Breese, period and were replaced by Democ-
it his election to the Supreme bench, char- Walter B. Scates, and Stephen A. Dou- rats. The replacements were John M.
acterizes the actions of the General Assem- glas. Treat settled in Springfield, and Robinson, Jesse B. Thomas, James
bly as “confusedly violent and somewhat was appointed to the Circuit Court in Shields, Norman H. Purple, Gustavus
revolutionary measure which could never 1846. Thomas Ford, a native Pennsyl- Koerner, and William A. Denning. The
have succeeded except at times of great vanian, moved to Springfield, and was population of Illinois was 476,183 in
party excitement.” admitted to the bar in 1829. He was 1840, and grew to 851,470 in 1850
prosecuting attorney and circuit judge. under the quintessential judicial
This momentous change in the He was elected governor in 1842. canopy enabled by the Illinois
increase in numbers of Justices from Breese was editor of the first volume of Supreme Court.
four to nine, and from a Whig-domi- the Illinois Reports. He was appointed continued on page 8
nated court to a Democratic six-to- circuit court judge in 1835. He was
three majority, was accomplished by elected to the United States Senate in For the People (ISSN 1527–2710) is
one single vote. Fortunately for Illi- 1842. Scates was admitted to the bar published four times a year and is a
nois, the five new Democrats, and Jus- in 1833 and also was circuit court benefit of membership of the
tice John Dean Caton, who replaced judge. Douglas, a native of Vermont, Abraham Lincoln Association
Justice Ford a year later, were out- studied law in New York, and moved 1 Old State Capitol Plaza
standing jurists, and finding political to Illinois in 1833. In 1835 he was Springfield, Illinois
prejudice in their decisions is beyond appointed by the legislature as state’s 62701
my ability. attorney. He was elected to the House
Perhaps earlier historians did not of Representatives in 1842 and the Editorial and design services by
view the performance of the nine-Jus- United States Senate in 1846, being William B. Tubbs
tice court as rising above political con- reelected to that post in 1852. The five (wbt60@ameritech.net)
siderations, as it seems to us 160 years new Justices were appointed on Febru-For th e People 7
In Memoriam
M
arvin Sanderman, a devoted in 1984. An author of nine books and Dan Bannister died on March 27,
member of the Board of more than 140 articles, Young specialized 2006. He was a past president of the
Directors, died on June 27. in the history of medical quackery and of Abraham Lincoln Association as well as
His interest in the Civil War and Abra- food and drug regulation in the United a long serving member of the Board of
ham Lincoln was a deep and abiding pas- States. He also wrote the first online arti- Directors. Bannister held both an
sion. A regular participant in the annual cle for the Abraham Lincoln Association M.B.A. as well as a J.D. that served him
Civil War Roundtable battlefield tours, examining the illustrations of famous well in the corporate world. He served
Sanderman had stories of these tours dat- Americans to promote the sale of Cuban as president of many companies and it
ing back decades. He also was a past cigars during the Civil War. was his tenure as C.E.O. of the Horace
president of this, the first of the Civil War John R. Chapin died March 1, Mann Insurance Company in the
Roundtables, founded by the Ralph 2006. He was one of the longest serving 1960s and 1970s that brought him to
Newman. Having created his own members on the Board of Directors Springfield, Illinois. Always a visionary,
accounting business, Federated Tax spanning three decades of service. Under Bannister hired Minoru Yamasaki to
Services, Sanderman excelled at unravel- his leadership the Lincoln Legal Papers create the current corporate office.
ing the technical balance sheets of the was begun and created the compilation Yamasaki would later be known for his
many boards and philanthropic organiza- of a three DVD-ROM edition of all Lin- design of the World Trade Towers in
tions to which he devoted his spare time. coln’s known legal cases. A lawyer him- New York City. As president of the
Besides the Abraham Lincoln Associa- self, Chapin also served for many years Abraham Lincoln Association, it was
tion, Sanderman was also a member of on the committee that selected the Asso- Bannister who led the Association’s
the Board of Trustees of Lincoln College ciation’s “Lincoln the Lawyer Award” efforts to create a Web site and begin to
and a life member in the Stephen A. originally created by Harlington Wood digitize its publications. To date, the
Douglas Association. Jr. to honor members of the legal profes- Abraham Lincoln Association is the
James Harvey Young of Decatur, sion that best exemplify the qualities of only Lincoln organization to place an
Georgia, died on July 29, 2006, following Abraham Lincoln. Chapin was a leader in index of its holdings online as well as
a long illness. The son of Reverend the Springfield community, serving on the complete text of many of its semi-
William Harvey Young and Blanche numerous boards and commissions. His nal publications, including the Collect-
DeBra, he was born in Brooklyn, New love of history was reflected in his service ed Works of Abraham Lincoln and the
York, in 1915 and grew up in several on the Abraham Lincoln Association Journal of the Abraham Lincoln Associ-
small communities in Illinois and Indiana. Board as well as his long association and ation in searchable formats. Bannister’s
He graduated from Knox College and service with the Sangamon County His- interest in Lincoln’s legal career result-
received his Ph.D. in history from the torical Society. Chapin’s brutal honesty ed in two books Lincoln and the Com-
University of Illinois at Urbana-Cham- and sardonic quips at meeting are leg- mon Law (1992) and Lincoln and the
paign, studying with the legendary James endary and can be seen in a recollection Illinois Supreme Court (1995). His last
Garfield Randall. He taught at Emory that he provided of the early Association article submitted to the newsletter is
University from 1941 until his retirement dinners and dinner speakers. presented in this issue.
A P PL I CATI O N F OR ME M BER SHI P
Please enroll me as a member of the Mail this application (or a photocopy)
Abraham Lincoln Association in the and a check to:
category indicated:
The Abraham Lincoln Association
Railsplitter $50 1 Old State Capitol Plaza
($25 Student) Springfield, Illinois
Postmaster $100 62701
Lawyer $250 ®
Congressman $500 Name
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$3.00. Zip8 For th e People
Wer e L inco ln’s Asp ir ations fo r the Hig hest Co u rt Th warted b y
Politic s?
continued from page 6 As the chief differences, the power of the were defeated. Trumbull was an anti-
Robert Howard believes that the legislature was curbed and provision made Nebraska Democrat, and later a
1847 constitutional convention was for election of all state and county officials. Republican. Lincoln didn’t run against
called because of the goals pursued by To prevent the legislature from packing the any one of the three. Lincoln was
various interests: Supreme Court clerks also dates back from elected to the United States Congress
the 1818 constitution. The council of revi- in 1847, which precluded him from
Jacksonian Democrats were anxious to end sion was abolished in an elimination of being able to participate even if he
the life terms of Supreme Court justices, another court function, but the governor wanted to at that time. He served two
they opposed banks, and they wanted the received only a limited veto power, which years in Congress, and possibly his
Governor to have an effective veto power. could be overridden by a bare majority of unpopular, in Illinois at least, stand on
The Whigs desired to stop voting by aliens, the legislative houses . . . The Whig coali- the Mexican War lost him some Whig
and the belief became widespread that the tion insisted that only citizens could vote, support in Illinois in the beginning
rapid development of Illinois made a revi- and triumphed over a democratic effort to years of the 1850s. During the remain-
sion advisable. After a failure by a narrow continue the 1818 provision under which ing years of the antebellum period,
margin in 1842, a convention proposal white male inhabitants of twenty-one and four Democrats won the vacated posi-
passed with 72 percent of the voted in over could vote. The proposal of a north- tions on the Supreme Court: Walter B.
1846, the year for the first time a Yankee ern Illinois delegate who wanted to extend Scates in 1854, Onias C. Skinner in
occupied the governor’s office. The next the right of suffrage to Negroes was defeat- 1855, Sidney Breese in 1857, and
summer an unwieldy assemblage of 162 ed, 137 to 7. Pinkney H. Walker in 1858. During
delegates sat from June 7 to August 31 and this period Lincoln became increasing-
produced a bulky set of compromises three Two of the three justices elected ly busy in his law practice, and in polit-
times the length of the original document. by the people were two members of ical activity on behalf of Whigs and
The new constitution corrected some the court before September 4, 1848, later Republicans. He lost to Douglas
of the faults of its predecessor but it also John Dean Caton and Samuel H. when he ran for reelection to the Unit-
proved to be imperfect. Sweeping in its Treat. The third justice elected was ed States Senate in 1858. It seems clear
reorganization and acceptance of new con- Lyman Trumbull, who had practiced he could have had a nomination from
cepts, it made many changes. Not all were law, served in the legislature, and had his party to run for the Supreme Court
to the liking of the majority, since the succeeded Douglas as Secretary of of Illinois against any of those Democ-
Whigs had elected a strong minority of sev- State in 1842. All were Democrats, rats. However, he had his eye on high-
enty-one and carried important roll calls in and either had no opposition (Treat) er positions on a national basis—and
a coalition with conservative Democrats. or Whig/Republican opponents who the country was better off that he did.
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