The Life of Lyman Trumbull
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Trumbull was not discouraged by the decision in this case. Shortly afterward he appeared before the supreme court again in the case of Jarrot vs. Jarrot, in which he won a victory which practically put an end to slavery in the state. Joseph Jarrot, a negro, sued his mistress, Julia Jarrot, for wages, alleging that he had been held in servitude contrary to law. The plaintiff's grandmother had been the slave of a Frenchman in the Illinois country before it passed under the jurisdiction of the United States. His mother and himself had passed by descent to Julia Jarrot, nobody objecting. Fifty-seven years had elapsed since the passage of the Ordinance of 1787 and twenty-six since the adoption of the state constitution, both of which had prohibited slavery in Illinois. The previous decisions in the court of last resort had generally sustained the claims of the owners of slaves held under the French régime and their descendants, and also those held under the so-called indenture system. Now, however, the court swept away the whole basis of slavery in the state, of whatever kind or description, declaring, as Trumbull had previously contended, that the Congress of the Confederation had full power to pass the Ordinance of 1787, that no person born since that date could be held as a slave in Illinois, and that any slave brought into the state by his master, or with the master's consent, since that date became at once free. It followed that such persons could sue and recover wages for labor performed under compulsion, as Joseph Jarrot did.
This decision, which abolished slavery in Illinois de facto, was received with great satisfaction by the substantial and sober-minded citizens. Although the number of aggressive anti-slavery men in the state was small and of out-and-out abolitionists still smaller, there was a widespread belief that the lingering snaky presence of the institution was a menace to the public peace and a blot upon the fair fame of the state, and that it ought to be expunged once for all. The growth of public opinion was undoubtedly potent in the minds of the judges, but the untiring activity of the leading advocates in the cases of Borders, Jarrot, etc., should not be overlooked. On this subject Mr. Dwight Harris, in the book already cited, says:
The period of greatest struggle and of greatest triumph for the anti-slavery advocates was that from 1840 to 1845. The contest during these five years was serious and stubbornly carried on. It involved talent, ingenuity, determination, and perseverance on both sides. The abolitionists are to be accredited with stirring up considerable interest over the state in some of the cases. Southern sympathizers and the holders of indentured servants in the southern portion of the state were naturally considerably concerned in the decisions of the supreme court. Still there seems to have been no widespread interest or universal agitation in the state over this contest in the courts. It was carried on chiefly through the benevolence of a comparatively small number of citizens who were actuated by a firm belief in the evils of slavery; while the brunt of the fray fell to a few able and devoted lawyers.
Among these were G. T. M. Davis, of Alton, Nathaniel Niles, of Belleville, Gustave Koerner, of Belleville, and Lyman Trumbull. James H. Collins, a noted abolition lawyer of Chicago, should also be highly praised for his work in the Lovejoy and Willard cases, but to the other men the real victory is to be ascribed. They were the most powerful friends of the negro, and lived where their assistance could be readily secured. They told the negroes repeatedly that they were free, urged them to leave their masters, and fought their cases in the lower courts time and time again, often without fees or remuneration. Chief among them was Lyman Trumbull, whose name should be written large in anti-slavery annals.
He was a lawyer of rare intellectual endowments, and of great ability. He had few equals before the bar in his day. In politics he was an old-time Democrat, with no leanings toward abolitionism, but possessing an honest desire to see justice done the negro in Illinois. It was a thankless task, in those days of prejudice and bitter partisan feelings, to assume the rôle of defender of the indentured slaves. It was not often unattended with great risk to one's person, as well as to one's reputation and business. But Trumbull did not hesitate to undertake the task, thankless, discouraging, unremunerative as it was, and to his zeal, courage, and perseverance, as well as to his ability, is to be ascribed the ultimate success of the appeal to the supreme court.
This disinterested and able effort, made in all sincerity of purpose, and void of all appearance of self-elevation, rendered him justly popular throughout the State, as well as in the region of his home. The people of his district showed their approval of his work and their confidence in his integrity by electing him judge of the supreme court in 1848, and Congressman from the Eighth District of Illinois by a handsome majority in 1854, when it was well known that he was opposed to the Kansas-Nebraska Bill.
CHAPTER III
FIRST ELECTION AS SENATOR
The repeal of the Missouri Compromise was the cause of Trumbull's return to an active participation in politics. The prime mover in that disastrous adventure was Stephen A. Douglas, who had been Trumbull's predecessor in the office of secretary of state and also one of his predecessors on the supreme bench. He was now a Senator of the United States, and a man of world-wide celebrity. Born at Brandon, Vermont, in 1813, he had lost his father before he was a year old. His mother removed with him to Canandaigua, New York, where he attended an academy and read law to some extent in the office of a local practitioner. At the age of twenty, he set out for the West to seek his fortune, and he found the beginnings of it at Winchester, Illinois, where he taught school for a living and continued to study law, as Trumbull was doing at the same time at Greenville, Georgia. He was admitted to the bar in 1834. In 1835, he was elected state's attorney. Two years later he was elected a member of the legislature by the Democrats of Morgan County, and resigned the office he then held in order to take the new one. In 1837, he was appointed by President Van Buren register of the land office at Springfield. In the same year he was nominated for Congress in the Springfield district before he had reached the legal age, but was defeated by the Whig candidate, John T. Stuart, by 35 votes in a total poll of 36,742.15 In 1840, he was appointed secretary of state, and in 1841, elected a judge of the supreme court under the circumstances already mentioned. In 1843, he was elected to the lower house of Congress and was reëlected twice, but before taking his seat the third time he was chosen by the legislature, in 1846, Senator of the United States for the term beginning March 4, 1847, and was reëlected in 1852. In Congress he had taken an active part in the annexation of Texas, in the war with Mexico, in the Oregon Boundary dispute, and in the Land Grant for the Illinois Central Railway. In the Senate he held the position of Chairman of the Committee on Territories.
In the Democratic party he had forged to the front by virtue of boldness in leadership, untiring industry, boundless ambition, and self-confidence, and horse-power. He had a large head surmounted by an abundant mane, which gave him the appearance of a lion prepared to roar or to crush his prey, and not seldom the resemblance was confirmed when he opened his mouth on the hustings or in the Senate Chamber. As stump orator, senatorial debater, and party manager he never had a superior in this country. Added to these gifts, he had a very attractive personality and a wonderful gift for divining and anticipating the drift of public opinion. The one thing lacking to make him a man "not for an age but for all time," was a moral substratum. He was essentially an opportunist. Although his private life was unstained, he had no conception of morals in politics, and this defect was his undoing as a statesman.
On the 4th of January, 1854, Douglas reported from the Senate Committee on Territories a bill to organize the territory of Nebraska. It provided that said territory, or any portion of it, when admitted as a state or states, should be received into the Union with or without slavery, as their constitution might prescribe at the time of their admission. The Missouri Compromise Act of 1820, which applied to this territory, was not repealed by this provision, and it must have been plain to everybody that if slavery were excluded from the territory it would not be there when the people should come together to form a state.
Douglas did not at first propose to repeal the Missouri Compromise. He intended to leave the question of slavery untouched. He did not want to reopen the agitation, which had been mostly quieted by the Compromise of 1850; but it soon became evident that if he were willing to leave the question in doubt, others were not. Dixon, of Kentucky, successor of Henry Clay in the Senate and a Whig in politics, offered an amendment to the bill proposing to repeal the Missouri Compromise outright. Douglas was rather startled when this motion was made. He went to Dixon's seat and begged him to withdraw his amendment, urging that it would reopen the controversies settled by the Compromise of 1850 and delay, if not prevent, the passage of any bill to organize the new territory. Dixon was stubborn. He contended that the Southern people had a right to go into the new territory equally with those of the North, and to take with them anything that was recognized and protected as property in the Southern States. Dixon's motion received immediate and warm support in the South.
Two or three days later, Douglas decided to embody Dixon's amendment in his bill and take the consequences. His amended bill divided the territory in two parts, Kansas and Nebraska. The apparent object of this change was to give the Missourians a chance to make the southernmost one a slave state; but this intention has been controverted by Douglas's friends in recent years, who have brought forward a mass of evidence to show that he had other sufficient reasons for thus dividing the territory and hence that it must not be assumed that he intended that one of them should be a slave state. The evidence consists of a record of efforts put forth by citizens of western Iowa in 1853-54 to secure a future state on the opposite side of the Missouri River homogeneous with themselves, and to promote the building of a Pacific railway from some point near Council Bluffs along the line of the Platte River. These efforts were heartily seconded by Senators Dodge and Jones and Representative Henn, of Iowa. They labored with Douglas and secured his coöperation. So Douglas himself said when he announced the change in the bill dividing the territory into two parts.
Most people at the present day, including myself, would be glad to concur with this view, but we must interpret Douglas's acts not merely by what he said in 1854, but also by what he said and did afterwards. In 1856 he made an unjustifiable assault upon the New England Emigrant Aid Company, for sending settlers to Kansas, as they had a perfect right to do under the terms of the bill; and he apologized for, if he did not actually defend, the Missourian invaders who marched over the border in military array, took possession of the ballot boxes, elected a pro-slavery legislature, and then marched back boasting of their victory. Troubles multiplied in Douglas's pathway rapidly after he introduced his Nebraska Bill, and it is very likely that an equal division of the territory between the North and South seemed to him the safest way out of his difficulties. That was the customary way of settling disputes of this kind. We need not assume, however, that he intended to do more than give the Missourians a chance to make Kansas a slave state if they could, for Douglas was not a pro-slavery man at heart.
Senator Thompson, of Kentucky, once alluded to the division of the territory embraced in the original Nebraska Bill into two territories, Kansas and Nebraska, showing that his understanding was that one should be a free state and the other a slave state, if the South could make it such. He said:
When the bill was first introduced in 1854 it provided for the organization of but one territory. Whence it came or how it came scarcely anybody knows, but the senator from Illinois (Mr. Douglas) has always had the credit of its paternity. I believe he acted patriotically for what he thought best and right. In a short time, however, we found a provision for a division—for two territories—Nebraska, the larger one, to be a free state, and as to Kansas, the smaller one, repealing the Missouri Compromise, we of the South taking our chance for it. That was certainly a beneficial arrangement to the North and the bill was passed in that way.16
What were Douglas's reasons for repealing the Missouri Compromise? It was generally assumed that he did it in order to gain the support of the South in the next national convention of the Democratic party. In the absence of any other sufficient motive, this will probably be the verdict of posterity, although he always repelled that charge with heat and indignation. A more important question is whether there would have been any attempt to repeal it if Douglas had not led the way. This may be safely answered in the negative. The Southern Senators did not show any haste to follow Douglas at first. They generally spoke of the measure as a free-will offering of the North, both Douglas and Pierce being Northern men, and both being indispensable to secure its passage. Francis P. Blair, of Missouri, a competent witness, expressed the opinion that a majority of the Southern senators were opposed to the measure at first and were coerced into it by the fear that they would not be sustained at home if they refused an advantage offered to them by the North.17
The Nebraska Bill passed the Senate by a majority of 22, and the House by a majority of 13. The Democratic party of the North was cleft in twain, as was shown by the division of their votes in the House: 44 to 43. The bill would have been defeated had not the administration plied the party lash unmercifully, using the official patronage to coerce unwilling members. In this way did President Pierce redeem his pledge to prevent any revival of the slavery agitation during his term of office.
When the bill actually passed there was an explosion in every Northern State. The old parties were rent asunder and a new one began to crystallize around the nucleus which had supported Birney, Van Buren, and Hale in the elections of 1844, 1848, and 1852. Both Abraham Lincoln and Lyman Trumbull were stirred to new activities. Both took the stump in opposition to the Nebraska Bill.
Trumbull was now forty-one years of age. He had gained the confidence of the people among whom he lived to such a degree that his reëlection to the supreme bench in 1852 had been unanimous. He now joined with Gustave Koerner and other Democrats in organizing the Eighth Congressional District in opposition to Douglas and his Nebraska Bill. Although this district had been originally a slaveholding region, it contained a large infusion of German immigration, which had poured into it in the years following the European uprising of 1848. Of the thirty thousand Germans in Illinois in 1850, Reynolds estimated that fully eighteen thousand had settled in St. Clair County. These immigrants had at first attached themselves to the Democratic party, because its name signified government by the people. When, however, it became apparent to them that the Democratic party was the ally of slavery, they went over to the opposition in shoals, under the lead of Koerner and Hecker. Koerner was at that time lieutenant-governor of the state, and his separation from the party which had elected him made a profound impression on his fellow countrymen. Hecker was a fervid orator and political leader, and later a valiant soldier in the Union army.
The Eighth Congressional District then embraced the counties of Bond, Clinton, Jefferson, Madison, Marion, Monroe, Randolph, St. Clair, and Washington. It was the strongest Democratic district in the state, but political parties had been thrown into such disorder by the Nebraska Bill that no regular nominations for Congress were made by either Whigs or Democrats. Trumbull announced himself as an anti-Nebraska Democratic candidate. He had just recovered from the most severe and protracted illness of his life and was in an enfeebled condition in consequence, but he made a speaking campaign throughout the district, and was elected by 7917 votes against 5306 cast for Philip B. Fouke, who ran independently as a Douglas Democrat. This victory defeated so many of the followers of Douglas who were candidates for the legislature that it became possible to elect a Senator of the United States in opposition to the regular Democracy.
If political honors were awarded according to the rules of quantum meruit, Abraham Lincoln would have been chosen Senator as the successor of James Shields at this juncture, since he had contributed more than any other person to the anti-Nebraska victory in the state. He had been out of public life since his retirement from the lower house of Congress in 1848. Since then he had been a country lawyer with a not very lucrative practice, but a very popular story-teller. He belonged to the Whig party, and had followed Clay and Webster in supporting the Compromise measures of 1850, including the new Fugitive Slave Law, for, although a hater of slavery himself, he believed that the Constitution required the rendition of slaves escaping into the free states. He was startled by the repeal of the Missouri Compromise. Without that awakening, he would doubtless have remained in comparative obscurity. He would have continued riding the circuit in central Illinois, making a scanty living as a lawyer, entertaining tavern loungers with funny stories, and would have passed away unhonored and unsung. He was now aroused to new activity, and when Douglas came to Springfield at the beginning of October to defend his Nebraska Bill on the hustings, Lincoln replied to him in a great speech, one of the world's masterpieces of argumentative power and moral grandeur, which left Douglas's edifice of "Popular Sovereignty" a heap of ruins. This was the first speech made by him that gave a true measure of his qualities. It was the first public occasion that laid a strong hold upon his conscience and stirred the depths of his nature. It was also the first speech of his that the writer of this book, then twenty years of age, ever listened to. The impression made by it has lost nothing by the lapse of time. In Lincoln's complete writings it is styled the Peoria speech of October 16, 1854, as it was delivered at Peoria, after the Springfield debate, and subsequently written out by Lincoln himself for publication in the Sangamon Journal. The Peoria speech contained a few passages of rejoinder to Douglas's reply to his Springfield speech. In other respects they were the same.18
It was this speech that drew upon Lincoln the eyes of the scattered elements of opposition to Douglas. These elements were heterogeneous and in part discordant. The dividing line between Whigs and Democrats still ran through every county in the state, but there was a third element, unorganized as yet, known as "Free-Soilers," who traced their lineage back to James G. Birney and the campaign of 1844. These were numerous and active in the northern counties, but south of the latitude of Springfield they dwindled away rapidly. The Free-Soilers served as a nucleus for the crystallization of the Republican party two years later, but in 1854 the older organizations, although much demoralized, were still unbroken. Probably three fourths of the Whigs were opposed to the Nebraska Bill in principle, and half of the remainder were glad to avail themselves of any rift in the Democratic party to get possession of the offices. There was still a substantial fraction of the party, however, which feared any taint of abolitionism and was likely to side with Douglas in the new alignment.
The legislature consisted of one hundred members—twenty-five senators and seventy-five representatives. Twelve of the senators had been elected in 1852 for a four years' term, and thirteen were elected in 1854. Among the former were N. B. Judd, of Chicago, John M. Palmer, of Carlinville, and Burton C. Cook, of Ottawa, three Democrats who had early declared their opposition to the Nebraska Bill. The full Senate was composed of nine Whigs, thirteen regular Democrats, and three anti-Nebraska Democrats. A fourth holding-over senator (Osgood, Democrat) represented a district which had given an anti-Nebraska majority in this election. One of the Whig members (J. L. D. Morrison) of St. Clair County was elected simultaneously with Trumbull, but he was a man of Southern affiliations and his vote on the senatorial question was doubtful.
At this time there was no law compelling the two branches of a state legislature to unite in an election to fill a vacancy in the Senate of the United States. Accordingly, when one party controlled one branch of the legislature and the opposite party controlled the other, it was not uncommon for the minority to refuse to go into joint convention. This was the case now. In order to secure a joint meeting, it was necessary for at least one Democrat to vote with the anti-Nebraska members. Mr. Osgood did so.
In the House were forty-six anti-Nebraska men of all descriptions and twenty-eight Democrats. One member, Randolph Heath, of the Lawrence and Crawford District, did not vote in the election for Senator at any time. Two members from Madison County, Henry L. Baker and G. T. Allen, had been elected on the anti-Nebraska ticket with Trumbull.
In the chaotic condition of parties it was not to be expected that all the opponents of Douglas would coalesce at once. The Whig party was held together by the hope of reaping large gains from the division of the Democrats on the Nebraska Bill. This was a vain hope, because the Whigs were divided also; but while it existed it fanned the flame of old enmities. Moreover, the anti-Nebraska Democrats in the campaign had claimed that they were the true Democracy and that they were purifying the party in order to preserve and strengthen it. They could not instantly abandon that claim by voting for a Whig for the highest office to be filled.
The two houses met in the Hall of Representatives on February 8, 1855, to choose a Senator. Every inch of space on the floor and lobby was occupied by members and their political friends, and the gallery was adorned by well-dressed women, including Mrs. Lincoln and Mrs. Matteson, the governor's wife, and her fair daughters. The senatorial election had been the topic of chief concern throughout the state for many months, and now the interest was centred in a single room not more than one hundred feet square. The excitement was intense, for everybody knew the event was fraught with consequences of great pith and moment, far transcending the fate of any individual.
Mr. Lincoln had been designated as the choice of a caucus of about forty-five members, including all the Whigs and most of the Free-Soilers, with their leader, Rev. Owen Lovejoy, brother of the Alton martyr.
When the joint convention had been called to order, General James Shields was nominated by Senator Benjamin Graham, Abraham Lincoln by Representative Stephen T. Logan, and Lyman Trumbull by Senator John M. Palmer. The first vote resulted as follows:
Several members of the House who had been elected as anti-Nebraska Democrats voted for Lincoln and a few for Shields. The vote for Trumbull consisted of Senators Palmer, Judd, and Cook and Representatives Baker and Allen.
On the second vote, Lincoln had 43 and Trumbull 6, and there were no other changes. A third roll-call resulted like the second. Thereupon Judge Logan moved an adjournment, but this was voted down by 42 to 56. On the fourth call, Lincoln's vote fell to 38 and Trumbull's rose to 11. On the sixth, Lincoln lost two more, and Trumbull dropped to 8.
It now became apparent by the commotion on the Democratic side of the chamber that a flank movement was taking place. There had been a rumor on the streets that if the reëlection of Shields was found to be impossible, the Democrats would change to Governor Matteson, under the belief that since he had never committed himself to the Nebraska Bill he would be able, by reason of personal and social attachments, to win the votes of several anti-Nebraska Democrats who had not voted for Shields. This scheme was developed on the seventh call, which resulted as follows: