Stephen A. Douglas by Allen Johnson

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It was regrettable that a case, which from its very nature was
complicated by political considerations, should have arisen in the
midst of a campaign of such unprecedented excitement as that of 1840.
It was taken for granted, on all sides, that the judges would follow
their political predilections--and what had Democrats to expect from a
bench of Whigs? The counsel for the appellant strained every nerve to
secure another postponement. Fortune favored the Democrats. When the
court met in June, Douglas, prompted by Judge Smith, the only Democrat
on the bench, called attention to clerical errors in the record, and
on this technicality moved that the case be dismissed. Protracted
arguments _pro and con_ ensued, so that the whole case finally was
adjourned until the next term of court in November, after the
election.[111] Once more, at all events, the Democrats could count on
the alien vote. Did ever lawyer serve politician so well?

As Chairman of the State Central Committee, Douglas had no perfunctory
position. The Whigs were displaying unusual aggressiveness. Their
leaders were adroit politicians and had taken a leaf from Democratic
experience in the matter of party organization. The processions, the
torch-light parades, the barbecues and other noisy demonstrations of
the Whigs, were very disconcerting. Such performances could not be
lightly dismissed as "Whig Humbuggery," for they were alarmingly
effective in winning votes. In self-defense, the Democratic managers
were obliged to set on foot counter-demonstrations. On the whole, the
Democrats were less successful in manufacturing enthusiasm. When one
convention of young Democrats failed, for want of support, Douglas
saved the situation only by explaining that hard-working Democrats
could not leave their employment to go gadding. They preferred to
leave noise and sham to their opponents, knowing that in the end "the
quiet but certain influence of truth and correct principles" would
prevail.[112] And when the Whigs unwittingly held a great
demonstration for "Tippecanoe and Tyler too," on the birthday of King
George III, Douglas saw to it that an address was issued to voters,
warning them against the chicane of unpatriotic demagogues. As a
counter-blast, "All Good Democrats" were summoned to hold
mass-meetings in the several counties on the Fourth of July. "We
select the Fourth of July," read this pronunciamento, "not to
desecrate it with unhallowed shouts ... but in cool and calm devotion
to our country, to renew upon the altars of its liberties, a sacred
oath of fidelity to its principles."[113]

Both parties now drew upon their reserves. Douglas went to the front
whenever and wherever there was hard fighting to be done.[114] He
seemed indefatigable. Once again he met Major Stuart on the
platform.[115] He was pitted against experienced campaigners like
ex-Governor Duncan and General Ewing of Indiana. Douglas made a
fearless defence of Democratic principles in a joint debate with both
these Whig champions at Springfield.[116] The discussion continued far
into the night. In his anxiety to let no point escape, Douglas had his
supper brought to him; and it is the testimony of an old Whig who
heard the debate, that Duncan was "the worst used-up man" he ever
saw.[117] Whether Douglas took the field as on this occasion, or
directed the campaign from headquarters, he was cool, collected, and
resourceful. If the sobriquet of "the Little Giant" had not already
been fastened upon him, it was surely earned in this memorable
campaign of 1840. The victory of Van Buren over Harrison in Illinois
was little less than a personal triumph for Douglas, for Democratic
reverses elsewhere emphasized the already conspicuous fact that
Illinois had been saved only by superior organization and leadership.

* * * * *

FOOTNOTES:

[Footnote 36: Joseph Wallace in a letter to the Illinois _State
Register_, April 30, 1899.]

[Footnote 37: Illinois _State Register_, April 30, 1899.]

[Footnote 38: Sheahan, Life of Douglas, pp. 16-17.]

[Footnote 39: Sheahan's account of this incident (pp. 18-20) is
confused. The episode is told very differently in the MS.
Autobiography.]

[Footnote 40: MS. Autobiography.]

[Footnote 41: In the Autobiography, Douglas makes a vigorous defense
of his connection with the whole affair.]

[Footnote 42: Just when he dropped the final s, I am unable to say.
Joseph Wallace thinks that he did so soon after coming to Illinois.
See Transactions of the Illinois State Historical Society, 1901, p.
114.]

[Footnote 43: Joseph Wallace in the Illinois _State Register_, April
30, 1899.]

[Footnote 44: Douglas tells the story with great relish in his
autobiography. The title of the act reads "An Act creating M'Lean
County," but the body of the act gives the name as McLean. Douglas had
used the exact letters of the name, though he had twisted the capital
letters, writing a capital C for a capital L.]

[Footnote 45: Ford, History of Illinois, pp. 285-286; see contemporary
newspapers.]

[Footnote 46: Illinois _Advocate_, May 4, 1835.]

[Footnote 47: _Ibid._, May 6, 1835.]

[Footnote 48: Illinois _Advocate_, Dec. 17, 1835; Sangamo _Journal_,
Feb. 6, 1836.]

[Footnote 49: Sangamo _Journal_, February 6, 1836.]

[Footnote 50: There was one exception, see Sheahan, Douglas, p. 26.]

[Footnote 51: Sheahan, Douglas, p. 26; Wheeler, Biographical History,
p. 67; Sangamo _Journal_, May 7, 1836.]

[Footnote 52: Sangamo _Journal_, May 7, 1836.]

[Footnote 53: _Ibid._]

[Footnote 54: _Ibid._, May 14, 1836.]

[Footnote 55: _Ibid._]

[Footnote 56: Ford, History of Illinois, pp. 103-105.]

[Footnote 57: See letter of "M--" in the Illinois _State Register_,
July 29, 1836.]

[Footnote 58: Illinois _State Register_, October 28, 1836.]

[Footnote 59: _Ibid._, December 8, 1836.]

[Footnote 60: Sheahan, Douglas, p. 29; MS. Autobiography.]

[Footnote 61: Act of February 27, 1837.]

[Footnote 62: In his Autobiography Douglas says that the friends of
the bill persuaded his constituents to instruct him to vote for the
bill; hence his affirmative vote was the vote of his constituents.]

[Footnote 63: Douglas was in good company at all events. Abraham
Lincoln was one of those who voted for the bill.]

[Footnote 64: See Davidson and Stuve, History of Illinois, Chapter 40;
Wheeler, Biographical History, pp. 68-70; Sheahan, Douglas, pp.
32-33.]

[Footnote 65: But it was no worse than the English custom before the
Act of 1857.]

[Footnote 66: House Journal, p. 62.]

[Footnote 67: The assembly substituted the word "inexpedient" for
"unconstitutional," in the resolution submitted by Douglas. House
Journal, p. 62.]

[Footnote 68: Nicolay and Hay, Abraham Lincoln, I, pp. 137-138.]

[Footnote 69: _Ibid._, p. 139.]

[Footnote 70: Transactions of the Illinois State Historical Society,
1901, p. 111.]

[Footnote 71: Transactions of the Illinois State Historical Society,
1901, pp. 111-112. The Sangamo _Journal_, August 5, 1837, says that
Douglas owed his appointment to the efforts of Senator Young in his
behalf.]

[Footnote 72: Sangamo _Journal_, August 29, 1837.]

[Footnote 73: Douglas describes his duties in Cutts, Const. and Party
Questions, pp. 160 ff.]

[Footnote 74: Conversation with Charles A. Keyes, Esq., of
Springfield, and with Dr. A.W. French, also of Springfield, Illinois.]

[Footnote 75: Sangamo _Journal_, July 1, 1837. The newspaper accounts
of this affair are confusing; but they are in substantial agreement as
to the causes and outcome of the attack upon the office of the
_Republican_.]

[Footnote 76: Illinois _State Register_, July 22, 1837.]

[Footnote 77: Illinois _State Register_, July 22, 1837.]

[Footnote 78: _Ibid._, November 4, 1837.]

[Footnote 79: _Ibid._, October 27, 1837.]

[Footnote 80: Illinois _State Register_, October 13, 1837.]

[Footnote 81: Jacksonville _News_, quoted by Illinois _State
Register_, Oct. 13, 1837.]

[Footnote 82: Illinois _State Register_, October 27, 1837.]

[Footnote 83: Illinois _State Register_, December 9, 1837; Sangamo
_Journal_, November 25, 1837.]

[Footnote 84: Sangamo _Journal_, November 25, 1837; but see also
Peoria _Register_, November 25, 1837.]

[Footnote 85: _Ibid._]

[Footnote 86: See Illinois _State Register_, May 11, 1838.]

[Footnote 87: Illinois _State Register_, June 8, 1838.]

[Footnote 88: Sangamo _Journal_, July 21, 1838.]

[Footnote 89: Wheeler, Biographical History of Congress I, pp. 72-73;
Sheahan, Douglas, p. 36.]

[Footnote 90: Sheahan, Douglas, pp. 36-37; Transactions of the
Illinois State Historical Society, 1902, pp. 109 ff; Peoria
_Register_, May 19, 1838.]

[Footnote 91: Palmer, Personal Recollections, p. 24.]

[Footnote 92: Forney, Anecdotes of Public Men, II, p. 180.]

[Footnote 93: Transactions of the Illinois Historical Society, 1902,
p. 110.]

[Footnote 94: Sangamo _Journal_, August 25, 1838; Peoria _Register_,
August 11, 1838.]

[Footnote 95: Election returns in the Office of the Secretary of
State.]

[Footnote 96: See Sheahan, Douglas, p. 37; also Illinois _State
Register_, October 12, 1838.]

[Footnote 97: MS. Letter, Benton to Douglas, October 27, 1838.]

[Footnote 98: For correspondence between Douglas and Stuart, see
Illinois _State Register_, April 5, 1839.]

[Footnote 99: Illinois _State Register_, October 26, 1838.]

[Footnote 100: _Ibid._, April 5, 1839.]

[Footnote 101: Illinois _State Register_, November 23, 1839.]

[Footnote 102: _Ibid._]

[Footnote 103: Nicolay and Hay, Lincoln, I, p. 181.]

[Footnote 104: Illinois _State Register_, November 23, 1839.]

[Footnote 105: _Ibid._, February 21, 1840.]

[Footnote 106: _Ibid._, April 24, 1840.]

[Footnote 107: See Illinois _State Register_, August 7, 1840.]

[Footnote 108: The Constitution of 1819 bestowed the suffrage upon
every white male "inhabitant" twenty-one years of age.]

[Footnote 109: Sheahan, Douglas, pp. 44-45.]

[Footnote 110: The title of the case was Thomas Spraggins, appellant
_vs._ Horace H. Houghton, appellee.]

[Footnote 111: Sheahan, Douglas, pp. 45-46; Wheeler, Biographical
History of Congress, p. 76.]

[Footnote 112: Illinois _State Register_, May 15, 1840.]

[Footnote 113: _Ibid._, June 12, 1840.]

[Footnote 114: Illinois _State Register_, July 10, 1840; Forney,
Anecdotes of Public Men, II, p. 180.]

[Footnote 115: _Ibid._, September 4, 1840.]

[Footnote 116: _Ibid._, October 2, 1840.]

[Footnote 117: Letter of J.H. Roberts, Esq., of Chicago, to the
writer; see also Illinois _State Register_, October 2, 1840.]

CHAPTER III

LAW AND POLITICS

The years were passing rapidly during which Douglas should have laid
broad and deep the foundations of his professional career, if indeed
law was to be more than a convenient avocation. These were formative
years in the young man's life; but as yet he had developed neither the
inclination nor the capacity to apply himself to the study of the more
intricate and abstruse phases of jurisprudence. To be sure, he had
picked up much practical information in the courts, but it was not of
the sort which makes great jurists. Besides, his law practice had
been, and was always destined to be, the handmaid of his political
ambition. In such a school, a naturally ardent, impulsive temperament
does not acquire judicial poise and gravity. After all, he was only a
soldier of political fortune, awaiting his turn for promotion. A
reversal in the fortunes of his party might leave him without hope of
preferment, and bind him to a profession which is a jealous mistress,
and to which he had been none too constant. Happily, his party was now
in power, and he was entitled to first consideration in the
distribution of the spoils. Under somewhat exceptional circumstances
the office of Secretary of State fell vacant in the autumn of 1840,
and the chairman of the Democratic Central Committee entered into his
reward.

When Governor Carlin took office in 1838, he sent to the Senate the
nomination of John A. McClernand as Secretary of State, assuming that
the office had been vacated and that a new Governor might choose his
advisers.[118] Precedent, it is true, militated against this theory,
for Secretary Field had held office under three successive governors;
but now that parties had become more sharply defined, it was deemed
important that the Secretary of State should be of the same political
persuasion as the Governor,--and Field was a Whig. The Senate refused
to indorse this new theory. Whereupon the Governor waited until the
legislature adjourned, and renewed his appointment of McClernand, who
promptly brought action against the tenacious Field to obtain
possession of the office. The case was argued in the Circuit Court
before Judge Breese, who gave a decision in favor of McClernand. The
case was then appealed. Among the legal talent arrayed on the side of
the claimant, when the case appeared on the docket of the Supreme
Court, was Douglas--as a matter of course. Everyone knew that this was
not so much a case at law as an issue in politics. The decision of the
Supreme Court reversing the judgment of the lower court was received,
therefore, as a partisan move to protect a Whig office-holder.[119]

For a time the Democrats, in control elsewhere, found themselves
obliged to tolerate a dissident in their political family; but the
Democratic majority in the new legislature came promptly to the aid of
the Governor's household. Measures were set on foot to terminate
Secretary Field's tenure of office by legislative enactment. Just at
this juncture that gentleman prudently resigned; and Stephen A.
Douglas was appointed to the office which he had done his best to
vacate.[120]

This appointment was a boon to the impecunious young attorney. He
could now count on a salary which would free him from any concern
about his financial liabilities,--if indeed they ever gave him more
than momentary concern. Besides, as custodian of the State Library, he
had access to the best collection of law books in the State. The
duties of his office were not so exacting but that he could still
carry on his law studies, and manage such incidental business as came
his way. These were the obvious and tangible advantages which Douglas
emphasized in the mellow light of recollection.[121] Yet there were
other, less obvious, advantages which he omitted to mention.

The current newspapers of this date make frequent mention of an
institution popularly dubbed "the Third House," or "Lord Coke's
Assembly."[122] The archives of state do not explain this unique
institution. Its location was in the lobby of the State House. Like
many another extra-legal body it kept no records of its proceedings;
yet it wielded a potent influence. It was attended regularly by those
officials who made the lobby a rendezvous; irregularly, by politicians
who came to the Capitol on business; and on pressing occasions, by
members of the legislature who wished to catch the undertone of party
opinion. The debates in this Third House often surpassed in interest
the formal proceedings behind closed doors across the corridor.
Members of this house were not held to rigid account for what they
said. Many a political _coup_ was plotted in the lobby. The grist
which came out of the legislative mill was often ground by
irresponsible politicians out of hearing of the Speaker of the House.
The chance comer was quite as likely to find the Secretary of State in
the lobby as in his office among his books.

The lobby was a busy place in this winter session of 1840-41. It was
well known that Democratic leaders had planned an aggressive
reorganization of the Supreme Court, in anticipation of an adverse
decision in the famous Galena alien case. The Democratic programme was
embodied in a bill which proposed to abolish the existing Circuit
Courts, and to enlarge the Supreme Court by the addition of five
judges. Circuit Courts were to be held by the nine judges of the
Supreme Court.[123] Subsequent explanations did not, and could not,
disguise the real purpose of this chaste reform.[124]

While this revolutionary measure was under fire in the legislature and
in the Third House, the Supreme Court rendered its opinion in the
alien case. To the amazement of the reformers, the decision did not
touch the broad, constitutional question of the right of aliens to
vote, but simply the concrete, particular question arising under the
Election Law of 1829.[125] Judge Smith alone dissented and argued the
larger issue. The admirable self-restraint of the Court, so far from
stopping the mouths of detractors, only excited more unfavorable
comment. The suspicion of partisanship, sedulously fed by angry
Democrats, could not be easily eradicated. The Court was now condemned
for its contemptible evasion of the real question at issue.

Douglas made an impassioned speech to the lobby, charging the Court
with having deliberately suppressed its decision on the paramount
issue, in order to disarm criticism and to avert the impending
reorganization of the bench.[126] He called loudly for the passage of
the bill before the legislature; and the lobby echoed his sentiments.
McClernand in the House corroborated this charge by stating, "under
authorization," that the judges had withdrawn the opinion which they
had prepared in June.[127] Thereupon four of the five judges made an
unqualified denial of the charge.[128] McClernand fell back helplessly
upon the word of Douglas. Pushed into a corner, Douglas then stated
publicly, that he had made his charges against the Court on the
explicit information given to him privately by Judge Smith. Six others
testified that they had been similarly informed, or misinformed, by
the same high authority.[129] At all events, the mischief had been
done. Under the party whip the bill to reorganize the Supreme Court
was driven through both houses of the legislature, and unofficially
ratified by Lord Coke's Assembly in the lobby.

Already it was noised abroad that Douglas was "slated" for one of the
newly created judgeships. The Whig press ridiculed the suggestion but
still frankly admitted, that if party services were to qualify for
such an appointment, the "Generalessimo of the Loco-focos of Illinois"
was entitled to consideration. When rumor passed into fact, and
Douglas was nominated by the Governor, even Democrats demurred. It
required no little generosity on the part of older men who had
befriended the young man, to permit him to pass over their heads in
this fashion.[130] Besides, what legal qualifications could this young
man of twenty-seven possess for so important a post?

The new judges entered upon their duties under a cloud. Almost their
first act was to vacate the clerkship of the court, for the benefit of
that arch-politician, Ebenezer Peck; and that, too,--so men
said,--without consulting their Whig associates on the bench. It was
commonly reported that Peck had changed his vote in the House just
when one more vote was needed to pass the Judiciary Bill.[131] Very
likely this rumor was circulated by some malicious newsmonger, but the
appointment of Peck certainly did not inspire confidence in the newly
organized court.

Was it to make his ambition seem less odious, that Douglas sought to
give the impression that he accepted the appointment with reluctance
and at a "pecuniary sacrifice"; or was he, as Whigs maintained, forced
out of the Secretaryship of State to make way for one of the
Governor's favorites?[132] He could not have been perfectly sincere,
at all events, when he afterward declared that he supposed he was
taking leave of political life forever.[133] No one knew better than
he, that a popular judge is a potential candidate for almost any
office in the gift of the people.

Before starting out on his circuit Douglas gave conspicuous proof of
his influence in the lobby, and incidentally, as it happened, cast
bread upon the waters. The Mormons who had recently settled in Nauvoo,
in Hancock County, had petitioned the legislature for acts
incorporating the new city and certain of its peculiar institutions.
Their sufferings in Missouri had touched the people of Illinois, who
welcomed them as a persecuted sect. For quite different reasons,
Mormon agents were cordially received at the Capitol. Here their
religious tenets were less carefully scrutinized than their political
affiliations. The Mormons found little trouble in securing lobbyists
from both parties. Bills were drawn to meet their wishes and presented
to the legislature, where parties vied with each other in befriending
the unfortunate refugees from Missouri.[134]

Chance--or was it design?--assigned Judge Douglas to the Quincy
circuit, within which lay Hancock County and the city of Nauvoo. The
appointment was highly satisfactory to the Mormons, for while they
enjoyed a large measure of local autonomy by virtue of their new
charter, they deemed it advantageous to have the court of the vicinage
presided over by one who had proved himself a friend. Douglas at once
confirmed this good impression. He appointed the commander of the
Nauvoo Legion a master in chancery; and when a case came before him
which involved interpretation of the act incorporating this peculiar
body of militia, he gave a constructive interpretation which left the
Mormons independent of State officers in military affairs.[135]
Whatever may be said of this decision in point of law, it was at least
good politics; and the dividing line between law and politics was none
too sharply drawn in the Fifth Judicial District.

Politicians were now figuring on the Mormon vote in the approaching
congressional election. The Whigs had rather the better chance of
winning their support, if the election of 1840 afforded any basis for
calculation, for the Mormons had then voted _en bloc_ for Harrison and
Tyler.[136] Stuart was a candidate for re-election. It was generally
believed that Ralston, whom the Democrats pitted against him, had
small chance of success. Still, Judge Douglas could be counted on to
use his influence to procure the Mormon vote.

Undeterred by his position on the bench, Douglas paid a friendly visit
to the Mormon city in the course of the campaign; and there
encountered his old Whig opponent, Cyrus Walker, Esq., who was also on
a mission. Both made public addresses of a flattering description. The
Prophet, Joseph Smith, was greatly impressed with Judge Douglas's
friendliness. "Judge Douglas," he wrote to the Faithful, "has ever
proved himself friendly to this people; and interested himself to
obtain for us our several charters, holding at the same time the
office of Secretary of State." But what particularly flattered the
Mormon leader, was the edifying spectacle of representatives from
both parties laying aside all partisan motives to mingle with the
Saints, as "brothers, citizens, and friends."[137] This touching
account would do for Mormon readers, but Gentiles remained somewhat
skeptical.

In spite of this coquetting with the Saints, the Democratic candidate
suffered defeat. It was observed with alarm that the Mormons held the
balance of power in the district, and might even become a makeweight
in the State elections, should they continue to increase in
numbers.[138] The Democrats braced themselves for a new trial of
strength in the gubernatorial contest. The call for a State convention
was obeyed with alacrity;[139] and the outcome justified the high
expectations which were entertained of this body. The convention
nominated for governor, Adam W. Snyder, whose peculiar availability
consisted in his having fathered the Judiciary Bill and the several
acts which had been passed in aid of the Mormons. The practical wisdom
of this nomination was proved by a communication of Joseph Smith to
the official newspaper of Nauvoo. The pertinent portion of this
remarkable manifesto read as follows: "The partisans in this county
who expected to divide the friends of humanity and equal rights will
find themselves mistaken,--we care not a fig for _Whig or Democrat_:
they are both alike to us; but we shall go for our _friends_, our
TRIED FRIENDS, and the cause of _human liberty_ which is the cause of
God.... DOUGLASS is a _Master Spirit_, and _his friends are our
friends_--we are willing to cast our banners on the air, and fight by
his side in the cause of humanity, and equal rights--the cause of
liberty and the law. SNYDER and MOORE, are _his_ friends--they are
_ours_.... Snyder, and Moore, are _known_ to be our friends; their
friendship is _vouched_ for by those whom we have tried. We will never
be justly charged with the sin of ingratitude--they _have_ served us,
and we _will_ serve them."[140]

This was a discomfiting revelation to the Whigs, who had certainly
labored as industriously as the Democrats, to placate the Saints of
Nauvoo. From this moment the Whigs began a crusade against the
Mormons, who were already, it is true, exhibiting the characteristics
which had made them odious to the people of Missouri.[141] Rightly or
wrongly, public opinion was veering; and the shrewd Duncan, who headed
the Whig ticket, openly charged Douglas with bargaining for the Mormon
vote.[142] The Whigs hoped that their opponents, having sowed the
wind, would reap the whirlwind.

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