Chapter X (2)

In 1835-36 Rev. Elijah P. Lovejoy had been publishing a moderately antislavery paper at St. Louis. But the people of that city did not look with favor upon his enterprise; and, after meeting with considerable opposition, in the summer of 1836 he moved his types and press across the river to Alton, Ill. Here he found an opposition more violent than that from which he had fled. His press was thrown into the river the night after its arrival; and he was informed that no abolition paper would be allowed in the town. The better class of citizens, however, deprecated the outrage, and pledged themselves to reimburse Mr. Lovejoy, in case he would agree not to make his paper an abolition journal. Mr. Lovejoy assured them it was not his purpose to establish such a paper in Alton, but one of a religious character: at the same time he would not give up his right as an American citizen to publish whatever he pleased on any subject, holding himself answerable to the laws of his country in so doing. With this general understanding, he was permitted to go forward. He continued about a year, discussing in his paper the slavery question occasionally; not, however, in a violent manner, but with a tone of moderation. This policy, however, was not satisfactory: it was regarded as a violation of his pledge; and the contents of his office were again destroyed. Mr. Lovejoy issued an appeal for aid to re-establish his paper, which met with a prompt and generous response. He proposed to bring up another press, and announced that armed men would protect it: meantime, a committee presented him with some resolutions adopted at a large meeting of the citizens of Alton, reminding him that he had previously given a pledge that in his paper he would refrain from advocating abolitionism) and also censuring him for not having kept his promise, and desiring to know if he intended to continue the publication of such doctrines in the future. His response consisted of a denial of the right of any portion of the people of Acton to prescribe what questions he should or should not discuss in his paper. Great excitement followed: another press was brought up on the 21st of September, which shortly after followed the fate of its predecessors. Another arrived Nov. 7, 1837, and was conveyed to a stone warehouse by the riverside, where Mr. Lovejoy and a few friends (some of them not Abolitionists) resolved to defend it to the last. That night they were attacked. First there was a brief parley, then a volley of stones, then an attempt to carry the building by assault. At this juncture a shot was fired out of a second-story window, which killed a young man in the crowd. It was said to have been fired by Lovejoy; and, as the corpse was borne away, the wrath of the populace knew no bounds. It was proposed to get powder from the magazine, and blow the warehouse up. Others thought the torch would be a better agent; and, finally, a man ran up a ladder to fire the roof. Lovejoy came out of the door, and, firing one shot, retreated within, where he rallied the garrison for a sortie. In the mean time many shots were fired both by the assailants and the assailed. The house was once actually set on fire by one person from the mob, and saved by another. But the courage of Mr. Lovejoy's friends was gradually sinking, and they responded but faintly to his strong appeals for action. As a last resource, he rushed to the door with a single companion, gun in hand, and was shot dead on the threshold. The other man was wounded in the leg, the warehouse was in flames, the mob grew more ferocious over the blood that had been shed, and riddled the doors and windows with volleys from all sorts of fire-arms. The Abolitionists had fought a good fight; but seeing now nothing but death before them, in that dismal, bloody, and burning house, they escaped down the river-bank, by twos and threes, as best they could, and their press was tumbled after them, into the river. And thus ended the first attempt to establish an abolition paper in Illinois. The result was certainly any thing but encouraging, and indicated pretty clearly what must have been the general state of public feeling throughout the State in regard to slavery agitation.

In fact, no State was more alive to the necessity of repressing the Abolitionists than Illinois; and accordingly it was proposed in the Legislature to take some action similar to that which had been already taken, or was actually pending, in the legislatures of sister Commonwealths, from Massachusetts through the list. A number of resolutions were reported, and passed with no serious opposition. The record does not disclose the precise form in which they passed; but that is of little consequence now. That they were extreme enough may be gathered from the considerate language of the protest, and from the fact that _such a protest_ was considered necessary at all. The protest was undoubtedly the product of Mr. Lincoln's pen, for his adroit directness is seen in every word of it. He could get but one man--his colleague, Dan Stone--to sign with him.

March 3,1837.

The following protest was presented to the House, which was read, and ordered to be spread on the journals, to wit:--

Resolutions upon the subject of domestic slavery having passed both branches of the General Assembly at its present session, the undersigned hereby protest against the passage of the same.

They believe that the institution of slavery is founded on both injustice and bad policy; but that the promulgation of abolition doctrines tends rather to increase than abate its evils.

They believe that the Congress of the United States has no power, under the Constitution, to interfere with the institution of slavery in the different States.

They believe that the Congress of the United States has the power, under the Constitution, to abolish slavery in the District of Columbia, but that the power ought not to be exercised, unless at the request of the people of the District.

The difference between these opinions and those contained in the said resolutions is their reason for entering this protest.

(Signed) Dan Stone,

A. Lincoln, Representatives from the County of Sanqamon.

Mr. Lincoln says nothing here about slavery in the Territories. The Missouri Compromise being in full force, and regarded as sacred by all parties, it was one of its chief effects that both sections were deprived of any pretext for the agitation of that question, from which every statesman, Federalist or Republican, Whig or Democratic, apprehended certain disaster to the Union. Neither would Mr. Lincoln suffer himself to be classed with the few despised Quakers, Covenanters, and Puritans, who were so frequently disturbing the peace of the country by abolition-memorials to Congress and other public bodies. Slavery, says the protest, is wrong in principle, besides being bad in economy; but "the promulgation of abolition doctrines" is still worse. In the States which choose to have it, it enjoys a constitutional immunity beyond the reach of any "higher law;" and Congress must not touch it, otherwise than to shield and protect it. Even in the District of Columbia, Mr. Lincoln and Dan Stone would leave it entirely to the will of the people. In fact, the whole paper, plain and simple as it is, seems to have been drawn with no object but to avoid the imputation of extreme views on either side. And from that day to the day of his inauguration, Mr. Lincoln never saw the time when he would have altered a word of it. He never sided with the Lovejoys. In his eyes their work tended "rather to increase than to abate" the evils of slavery, and was therefore unjust, as well as futile. Years afterwards he was the steady though quiet opponent of Owen Lovejoy, and declared that Lovejoy's nomination for Congress over Leonard Swett "almost turned him blind." When, in 1860, the Democrats called Mr. Lincoln an Abolitionist, and cited the protest of 1837 to support the charge, friends pointed to the exact language of the document as his complete and overwhelming refutation.

On the 10th of May, the New York banks suspended specie payments, and two days afterwards the Bank of the United States and the Philadelphia banks did likewise. From these the stoppage and the general ruin, among business men and speculators alike, spread throughout the country. Nevertheless, the Fund Commissioners of Illinois succeeded in placing a loan during the summer, and before the end of the year work had begun on many railroads. "Money was as plenty as dirt. Industry, in place of being stimulated, actually languished. We exported nothing, and every thing was paid for by the borrowed money expended among us." And this money was bank-paper, such as a pensioner upon the Government of the United States scorned to take in payment of his gratuity, after the deposit banks had suspended or broken, with thirty-two millions of Government money in their possession.

The banks which had received such generous legislation from the Legislature that devised the internal-improvement system were not disposed to see that batch of remarkable enterprises languish for want of their support. One of them took at par and sold nine hundred thousand dollars of bonds; while the other took one million seven hundred and sixty-five thousand dollars, which it used as capital, and expanded its business accordingly. But the banks were themselves in greater danger than the internal-improvement system. If the State Bank refused specie payments for sixty days, its charter was forfeited under the Act of Assembly. But they were the main-stay of all the current speculations, public and private; and having besides large sums of public money in their hands, the governor was induced to call a special session of the Legislature in July, 1837, to save them from impending dissolution. This was done by an act authorizing or condoning the suspension of specie payments. The governor had not directly recommended this, but he had most earnestly recommended the repeal or modification of the internal-improvement system; and _that_ the Legislature positively refused. This wise body might be eaten by its own dogs, but it was determined not to eat _them_; and in this direction there was no prospect of relief for two years more. According to Gov. Ford, the cool, reflecting men of the State anxiously hoped that their rulers might be able to borrow no more money, but in this they were immediately and bitterly disappointed. The United States Bank took some of their bonds. Some were sold at par in this country, and others at nine per cent discount in Europe.

In 1838, a governor (Carlin) was elected who was thought by many to be secretly hostile to the "system;" and a new Legislature was chosen, from which it was thought something might be hoped. Mr. Lincoln was again elected, with a reputation so much enhanced by his activity and address in the last Legislature, that this time he was the candidate of his party for speaker. The nomination, however, was a barren honor, and known to be such when given. Col. Ewing was chosen by a plurality of one,--two Whigs and two Democrats scattering their votes. Mr. Lincoln kept his old place on the Finance Committee. At the first session the governor held his peace regarding the "system;" and, far from repealing it, the Legislature added a new feature to it, and voted another $800,000.

But the Fund Commissioners were in deep water and muddy water: they had reached the end of their string. The credit of the State was gone, and already were heard murmurs of repudiation. Bond County had in the beginning pronounced the system a swindle upon the people; and Bond County began to have admirers. Some of the bonds had been lent to New York State banks to start upon; and the banks had presently failed. Some had been sold on credit. Some were scattered about in various places on special deposit. Others had been sent to London for sale, where the firm that was selling them broke with the proceeds of a part of them in their hands. No expedients sufficed any longer. There was no more money to be got, and nothing left to do, but to "wind up the system," and begin the work of common sense by providing for the interest on the sums already expended. A special session of the Legislature in 1838-9 did the "winding up," and thenceforth, for some years, there was no other question so important in Illinois State politics as how to pay the interest on the vast debt outstanding for this account. Many gentlemen discovered that De Witt Clintons were rare, and in certain contingencies very precious. Among these must have been Mr. Lincoln. But being again, elected to the Legislature in 1840, again the acknowledged leader and candidate of his party for speaker, he ventured in December of that year to offer an expedient for paying the interest on the debt; but it was only an expedient, and a very poor one, to avoid the obvious but unpopular resort of direct taxation.

"Mr. Lincoln moved to strike out the bill and amendment, and insert the following:--

"An Act providing for the payment of interest on the State debt.

"Section 1.--Be it enacted by the people of the State of Illinois represented in the General Assembly, that the governor be authorized and required to issue, from time to time, such an amount of State bonds, to be called the 'Illinois Interest Bonds,' as may be absolutely necessary for the payment of the interest upon the lawful debt of the State, contracted before the passage of this Act.

"Section 2.--Said bonds shall bear interest at the rate of----per cent per annum, payable half-yearly at----, and be reimbursable in years from their respective issuings.

"Section 3.--That the State's portion of the tax hereafter arising from all lands which were not taxable in the year one thousand eight hundred and forty is hereby set apart as an exclusive fund for the payment of interest on the said 'Illinois Interest Bonds;' and the faith of the State is hereby pledged that said fund shall be applied to that object, and no other, except at any time there should be a surplus; in which case such surplus shall became a part of the general funds of the treasury.

"Section 4.--That hereafter the sum of thirty cents for each hundred dollars' worth of all taxable property shall be paid into the State treasury; and no more than forty cents for each hundred dollars' worth of such taxable property shall be levied and collected for county purposes."

It was a loose document. The governor was to determine the "amount" of bonds "necessary," and the sums for which they should be issued. Interest was to be paid only upon the "lawful" debt; and the governor was left to determine what part of it _was_ lawful, and what unlawful. The last section lays a specific tax; but the proceeds are in no way connected with the "interest bonds."

"Mr. Lincoln said he submitted this proposition with great diffidence. He had felt his share of the responsibility devolving upon us in the present crisis; and, after revolving in his mind every scheme which seemed to afford the least prospect of relief, he submitted this as the result of his own deliberations.

"The details of the bill might be imperfect; but he relied upon the correctness of its general features.

"By the plan proposed in the original bill of hypothecating our bonds, he was satisfied we could not get along more than two or three months before some other step would be necessary: another session would have to be called, and new provisions made.

"It might be objected that these bonds would not be salable, and the money could not be raised in time. He was no financier; but he believed these bonds thus secured would be equal to the best in market. A perfect security was provided for the interest; and it was this characteristic that inspired confidence, and made bonds salable. If there was any distrust, it could not be because our means of fulfilling promises were distrusted. He believed it would have the effect to raise our other bonds in market.

"There was another objection to this plan, which applied to the original bill; and that was as to the impropriety of borrowing money to pay interest on borrowed money,--that we are hereby paying compound interest. To this he would reply, that, if it were a fact that our population and wealth were increasing in a ratio greater than the increased interest hereby incurred, then this was not a good objection. If our increasing means would justify us in deferring to a future time the resort to taxation, then we had better pay compound interest than resort to taxation now. He was satisfied, that, by a direct tax now, money enough could not be collected to pay the accruing interest. The bill proposed to provide in this way for interest not otherwise provided for. It was not intended to apply to those bonds for the interest on which a security had already been provided.

"He hoped the House would seriously consider the proposition. He had no pride in its success as a measure of his own, but submitted it to the wisdom of the House, with the hope, that, if there was any thing objectionable in it, it would be pointed out and amended."

Mr. Lincoln's measure did not pass. There was a large party in favor, not only of passing the interest on the State debt, which fell due in the coming January and July, but of repudiating the whole debt outright. Others thought the State ought to pay, not the full face of its bonds, but only the amount received for them; while others still contended that, whereas, many of the bonds had been irregularly, illegally, and even fraudulently disposed of, there ought to be a particular discrimination made against _these_, and these only. "At last Mr. Cavarly, a member from Green, introduced a bill of two sections, authorizing the Fund Commissioners to hypothecate internal-improvement bonds to the amount of three hundred thousand dollars, and which contained the remarkable provision, that the proceeds were to be applied by that officer to the payment of all interest _legally_ due on the public debt; thus shifting from the General Assembly, and devolving on the Fund Commissioner, the duty of deciding on the legality of the debt. Thus, by this happy expedient, conflicting opinions were reconciled without direct action on the matter in controversy, and thus the two Houses were enabled to agree upon a measure to provide temporarily for the interest on the public debt. The Legislature further provided, at this session, for the issue of interest bonds, to be sold in the market at what they would bring; and an additional tax of ten cents on the hundred dollars' worth of property was imposed and pledged, to pay the interest on these bonds. By these contrivances, the interest for January and July, 1841, was paid. The Fund Commissioner hypothecated internal-improvement bonds for the money first due; and his successor in office, finding no sale for Illinois stocks, so much had the credit of the State fallen, was compelled to hypothecate eight hundred and four thousand dollars of interest bonds for the July interest. On this hypothecation he was to have received three hundred and twenty-one thousand six hundred dollars, but was never paid more than two hundred and sixty-one thousand five hundred dollars. These bonds have never been redeemed from the holders, though eighty of them were afterwards repurchased, and three hundred and fifteen thousand dollars of them were received from the Shawneetown Bank for State stock in that institution."1

1 Ford's History of Illinois.

This session (the session of 1840-1) had been called two weeks earlier than usual, to provide for the January interest on the debt. But the banks had important business of their own in view, and proceeded to improve the occasion. In 1837, and every year since then, the banks had succeeded in getting acts of the Legislature which condoned their suspension of specie payments. But, by the terms of the last act, their charters were forfeited unless they resumed before the adjournment of the next session. The Democrats, however, maintained that the present special session was _a session_ in the sense of the law, and that, before its adjournment, the banks must hand out "the hard," or die. On the other hand, the Whigs held this session, and the regular session which began on the first Monday in December, to be one and the same, and proposed to give the banks another winter's lease upon life and rags. But the banks were a power in the land, and knew how to make themselves felt. They were the depositories of the State revenues. The auditor's warrants were drawn upon them, and the members of the Legislature paid in their money. The warrants were at a discount of fifty per cent; and, if the banks refused to cash them, the members would be compelled to go home more impecunious than they came. The banks, moreover, knew how to make "opportune loans to Democrats;" and, with all these aids, they organized a brilliant and eventually a successful campaign. In the eyes of the Whigs they were "the institutions of the country," and the Democrats were guilty of incivism in attacking them. But the Democrats retorted with a string of overwhelming slang about rag barons, rags, printed lies, bank vassals, ragocracy, and the "British-bought, bank, blue-light, Federal, Whig party." It was a fierce and bitter contest; and, witnessing it, one might have supposed that the very existence of the State, with the right to life, liberty, and the pursuit of happiness, depended upon the result. The Democrats were bent upon carrying an adjournment _sine die_; which, according to their theory, killed the banks. To defeat this, the Whigs resorted to every expedient of parliamentary tactics, and at length hit upon one entirely unknown to any of the standard manuals: they tried to absent themselves in sufficient numbers to leave no quorum behind. "If the Whigs absented themselves," says Mr. Gillespie, a Whig member, "there would not be a quorum left, even with the two who should be deputed to call the ayes and noes. The Whigs immediately held a meeting, and resolved that they would all stay out, except Lincoln and me, who were to call the ayes and noes. We appeared in the afternoon: motion to adjourn _sine die_ was made, and we called the ayes and noes. The Democrats discovered the game, and the sergeant-at-arms was sent out to gather up the absentees. There was great excitement in the House, which was then held in a church at Springfield. We soon discovered that several Whigs had been caught and brought in, and that the plan had been spoiled; and we--Lincoln and I--determined to leave the hall, and, going to the door, found it locked, and then raised a window and jumped out, but not until the Democrats had succeeded in adjourning. Mr. Grid-ley of McLean accompanied us in our exit.... I think Mr. Lincoln always regretted that he entered into that arrangement, as he deprecated every thing that savored of the revolutionary."

In the course of the debate on the Apportionment Bill, Mr. Lincoln had occasion to address the House in defence of "The Long Nine," who were especially obnoxious to the Democrats. The speech concluded with the following characteristic passage:--

"The gentleman had accused old women of being partial to the number nine; but this, he presumed, was without foundation. A few years since, it would be recollected by the House, that the delegation from this county were dubbed by way of eminence 'The Long Nine,' and, by way of further distinction, he had been called 'The Longest of the Nine.' Now," said Mr. Lincoln, "I desire to say to my friend from Monroe (Mr. Bissell), that if any woman, old or young, ever thought there was any peculiar charm in this distinguished specimen of number nine, I have as yet been so unfortunate as not to have discovered it." (Loud applause.)

But this Legislature was full of excitements. Besides the questions about the public debt and the bank-charters, the Democrats proposed to legislate the Circuit judges out of office, and reconstruct the Supreme Court to suit themselves. They did this because the Supreme judges had already decided one question of some political interest against them, and were now about to decide another in the same way. The latter was a question of great importance; and, in order to avoid the consequences of such a decision, the Democrats were eager for the extremest measures.

The Constitution provided that all free white male _inhabitants_ should vote upon six months' residence. This, the Democrats held, included aliens; while the Whigs held the reverse. On this grave judicial question, parties were divided precisely upon the line of their respective interests. The aliens numbered about ten thousand, and nine-tenths of them voted steadily with the Democracy. Whilst a great outcry concerning it was being made from both sides, and fierce disputes raged in the newspapers and on the stump, two Whigs at Galena got up an amicable case, to try it in a quiet way before a Whig judge, who held the Circuit Courts in their neighborhood. The judge decided for his friends, like a man that he was. The Democrats found it out, and raised a popular tumult about it that would have put Demetrius the silversmith to shame. They carried the case to the Supreme Court, where it was argued before the Whig majority, in December, 1889, by able and distinguished counsellors,--Judge Douglas being one of them; but the only result was a continuance to the next June. In the mean time Judge Smith, the only Democrat on the bench, was seeking favor with his party friends by betraying to Douglas the secrets of the consultation-room.

With his aid, the Democrats found a defect in the record, which sent the case over to December, 1840, and adroitly secured the alien vote for the great elections of that memorable year. The Legislature elected then was overwhelmingly Democratic; and, having good reason to believe that the aliens had small favor to expect from this court, they determined forthwith to make a new one that would be more reasonable. There were now nine Circuit judges in the State, and four Supreme judges, under the Act of 1835. The offices of the Circuit judges the Democrats concluded to abolish, and to create instead nine Supreme judges, who should perform circuit duties. This they called "reforming the judiciary;" and "thirsting for vengeance," as Gov. Ford says, they went about the work with all the zeal, but with very little of the disinterested devotion, which reformers are generally supposed to have. Douglas, counsel for one of the litigants, made a furious speech "in the lobby," demanding the destruction of the court that was to try his cause; and for sundry grave sins which he imputed to the judges he gave Smith--his friend Smith--as authority. It was useless to oppose it: this "reform" was a foregone conclusion. It was called the "Douglas Bill;" and Mr. Douglas was appointed to one of the new offices created by it. But Mr. Lincoln, E. D. Baker, and other Whig members, entered upon the journal the following protest:--

"For the reasons thus presented, and for others no less apparent, the undersigned cannot assent to the passage of the bill, or permit it to become a law without this evidence of their disapprobation; and they now protest against the re-organization of the judiciary: Because,

"1st. It violates the great principles of free government by subjecting the judiciary to the Legislature.

"2d. It is a fatal blow at the independence of the judges and the constitutional term of their offices.

"3d. It is a measure not asked for, or wished for, by the people.

"4th. It will greatly increase the expense of our courts, or else greatly diminish their utility.

"5th. It will give our courts a political and partisan character, thereby impairing public confidence in their decisions.

"6th. It will impair our standing with other States and the world.

"7th. It is a party measure for party purposes, from which no practical good to the people can possibly arise, but which may be the source of immeasurable evils.

"The undersigned are well aware that this protest will be altogether unavailing with the majority of this body. The blow has already fallen; and we are compelled to stand by, the mournful spectators of the ruin it will cause."

Mr. Lincoln was elected in 1840, to serve, of course, until the next election in August, 1842; but for reasons of a private nature, to be explained hereafter, he did not appear during the session of 1841-2.

In concluding this chapter, taking leave of New Salem, Vandalia, and the Legislature, we cannot forbear another quotation from Mr. Wilson, Lincoln's colleague from Sangamon, to whom we are already so largely in debt:--

"In 1838 many of the Long Nines were candidates for re-election to the Legislature. A question of the division of the county was one of the local issues. Mr. Lincoln and myself, among others, residing in the portion of the county sought to be organized into a new county, and opposing the division, it became necessary that I should make a special canvass through the north-west part of the county, then known as Sand Ridge. I made the canvass; Mr. Lincoln accompanied me; and, being personally well acquainted with every one, we called at nearly every house. At that time it was the universal custom to keep some whiskey in the house, for private use and to treat friends. The subject was always mentioned as a matter of etiquette, but with the remark to Mr. Lincoln, 'You never drink, but maybe your friend would like to take a little.' I never saw Mr. Lincoln drink. He often told me he never drank; had no desire for drink, nor the companionship of drinking men. Candidates never treated anybody in those times unless they wanted to do so.

"Mr. Lincoln remained in New Salem until the spring of 1837, when he went to Springfield, and went into the law-office of John T. Stuart as a partner in the practice of law, and boarded with William Butler.

"During his stay in New Salem he had no property other than what was necessary to do his business, until after he stopped in Springfield. He was not avaricious to accumulate property, neither was he a spendthrift. He was almost always during those times hard up. He never owned land.

"The first trip he made around the circuit after he commenced the practice of law, I had a horse, saddle, and bridle, and he had none. I let him have mine. I think he must have been careless, as the saddle skinned the horse's back.

"While he lived in New Salem he visited me often. He would stay a day or two at a time: we generally spent the time at the stores in Athens. He was very fond of company: telling or hearing stories told was a source of great amusement to him. He was not in the habit of reading much,--never read novels. Whittling pine boards and shingles, talking and laughing, constituted the entertainment of the days and evenings.

"In a conversation with him about that time, he told me, that, although he appeared to enjoy life rapturously, still he was the victim of terrible melancholy. He sought company, and indulged in fun and hilarity without restraint, or stint as to time; but when by himself, he told me that he was so overcome by mental depression that he never dared carry a knife in his pocket; and as long as I was intimately acquainted with him, previous to his commencement of the practice of the law, he never carried a pocket-knife. Still he was not misanthropic: he was kind and tender-hearted in his treatment to others.

"In the summer of 1837 the citizens of Athens and vicinity gave the delegation then called the 'Long Nine' a public dinner, at which Mr. Lincoln and all the others were present. He was called out by the toast, 'Abraham Lincoln, one of Nature's noblemen.' I have often thought, that, if any man was entitled to that compliment, it was he."