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 inst.i.tution popularly dubbed "the Third House," or "Lord c.o.ke"s a.s.sembly."[122] The archives of state do not explain this unique inst.i.tution. 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 surpa.s.sed 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 antic.i.p.ation 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, const.i.tutional 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 impa.s.sioned 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 pa.s.sage 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 c.o.ke"s a.s.sembly 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 ent.i.tled to consideration. When rumor pa.s.sed 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 pa.s.s 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 a.s.sociates on the bench. It was commonly reported that Peck had changed his vote in the House just when one more vote was needed to pa.s.s 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 Hanc.o.c.k County, had pet.i.tioned the legislature for acts incorporating the new city and certain of its peculiar inst.i.tutions.
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?--a.s.signed Judge Douglas to the Quincy circuit, within which lay Hanc.o.c.k 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 pa.s.sed 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 G.o.d.... DOUGLa.s.s 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 ingrat.i.tude--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.
Only three months before the August elections of 1844, the Democrats were thrown into consternation by the death of Snyder, their standard-bearer. Here was an emergency to which the convention system was not equal, in the days of poor roads and slow stage-coaches. What happened was this, to borrow the account of the chief Democratic organ, "A large number of Democratic citizens from almost all parts of the State of Illinois met together by a general and public call"--and nominated Judge Thomas Ford for governor.[143] It adds significance to this record to note that this numerous body of citizens met in the snug office of the _State Register_. Democrats in distant parts of the State were disposed to resent this action on the part of "the Springfield clique"; but the onset of the enemy quelled mutiny. In one way the nomination of Ford was opportune. It could not be said of him that he had showed any particular solicitude for the welfare of the followers of Joseph Smith.[144] The ticket could now be made to face both ways. Ford could a.s.sure hesitating Democrats who disliked the Mormons, that he had not hobn.o.bbed with the Mormon leaders, while Douglas and his crew could still demonstrate to the Prophet that the cause of human liberty, for which he stood so conspicuously, was safe in Democratic hands. The game was played adroitly. Ford carried Hanc.o.c.k County by a handsome majority and was elected governor.[145]
It has already been remarked that as judge, Douglas was potentially a candidate for almost any public office. He still kept in touch with Springfield politicians, planning with them the moves and counter-moves on the checker-board of Illinois politics. There was more than a grain of truth in the reiterated charges of the Whig press, that the Democratic party was dominated by an arbitrary clique.[146] It was a matter of common observation, that before Democratic candidates put to sea in the troubled waters of State politics, they took their dead-reckoning from the office of the _State Register_. It was noised abroad in the late fall that Douglas would not refuse a positive call from his party to enter national politics; and before the year closed, his Springfield intimates were actively promoting his candidacy for the United States Senate, to succeed Senator Young. This was an audacious move, since even if Young were pa.s.sed over, there were older men far more justly ent.i.tled to consideration. Nevertheless, Douglas secured in some way the support of several delegations in the legislature, so that on the first ballot in the Democratic caucus he stood second, receiving only nine votes less than Young. A protracted contest followed. Nineteen ballots were taken. Douglas"s chief compet.i.tor proved to be, not Young, but Breese, who finally secured the nomination of the caucus by a majority of five votes.[147] The ambition of Judge Douglas had overshot the mark.
In view of the young man"s absorbing interest in politics, his slender legal equipment, and the circ.u.mstances under which he received his appointment, one wonders whether the courts he held could have been anything but travesties on justice. But the universal testimony of those whose memories go back so far, is that justice was on the whole faithfully administered.[148] The conditions of life in Illinois were still comparatively simple. The suits inst.i.tuted at law were not such as to demand profound knowledge of jurisprudence. The wide-spread financial distress which followed the crisis of 1837, gave rise to many processes to collect debts and to set aside fraudulent conveyances. "Actions of slander and trespa.s.s for a.s.sault and battery, engendered by the state of feeling incident to pecuniary embarra.s.sment, were frequent."[149]
The courts were in keeping with the meagre legal attainments of those who frequented them. Rude frame, or log houses served the purposes of bench and bar. The judge sat usually upon a platform with a plain table, or pine board, for a desk. A larger table below accommodated the attorneys who followed the judge in his circuit from county to county. "The relations between the Bench and the Bar were free and easy, and flashes of wit and humor and personal repartee were constantly pa.s.sing from one to the other. The court rooms in those days were always crowded. To go to court and listen to the witnesses and lawyers was among the chief amus.e.m.e.nts of the frontier settlements."[150] In this little world, popular reputations were made and unmade.
Judge Douglas was thoroughly at home in this primitive environment.
His freedom from affectation and false dignity recommended him to the laity, while his fairness and good-nature put him in quick sympathy with his legal brethren and their clients. Long years afterward, men recalled the picture of the young judge as he mingled with the crowd during a recess. "It was not unusual to see him come off the bench, or leave his chair at the bar, and take a seat on the knee of a friend, and with one arm thrown familiarly around a friend"s neck, have a friendly talk, or a legal or political discussion."[151] An attorney recently from the East witnessed this familiarity with dismay. "The judge of our circuit," he wrote, "is S.A. Douglas, a youth of 28....
He is a Vermonter, a man of considerable talent, and, in the way of despatching business, is a perfect "steam engine in breeches." ... He is the most democratic judge I ever knew.... I have often thought we should cut a queer figure if one of our Suffolk bar should accidentally drop in."[152]
Meantime, changes were taking place in the political map of Illinois, which did not escape the watchful eye of Judge Douglas. By the census of 1840, the State was ent.i.tled to seven, instead of four representatives in Congress.[153] A reapportionment act was therefore to be expected from the next legislature. Democrats were already at work plotting seven Democratic districts on paper, for, with a majority in the legislature, they could redistrict the State at will.
A gerrymander was the outcome.[154] If Douglas did not have a hand in the reapportionment, at least his friends saw to it that a desirable district was carved out, which included the most populous counties in his circuit. Who would be a likelier candidate for Congress in this Democratic const.i.tuency than the popular judge of the Fifth Circuit Court?
Seven of the ten counties composing the Fifth Congressional District were within the so-called "military tract," between the Mississippi and Illinois rivers; three counties lay to the east on the lower course of the Illinois. Into this frontier region population began to flow in the twenties, from the Sangamo country; and the organization of county after county attested the rapid expansion northward. Like the people of southern Illinois, the first settlers were of Southern extraction; but they were followed by Pennsylvanians, New Yorkers, and New Englanders. In the later thirties, the Northern immigration, to which Douglas belonged, gave a somewhat different complexion to Peoria, Fulton, and other adjoining counties. Yet there were diverse elements in the district: Peoria had a cosmopolitan population of Irish, English, Scotch, and German immigrants; Quincy became a city of refuge for "Young Germany," after the revolutionary disturbances of 1830 in Europe.[155]
No sooner had the reapportionment act pa.s.sed than certain members of the legislature, together with Democrats who held no office, took it upon themselves to call a nominating convention, on a basis of representation determined in an equally arbitrary fashion.[156] The summons was obeyed nevertheless. Forty "respectable Democats"
a.s.sembled at Griggsville, in Pike County, on June 5, 1843. It was a most satisfactory body. The delegates did nothing but what was expected of them. On the second ballot, a majority cast their votes for Douglas as the candidate of the party for Congress. The other aspirants then graciously withdrew their claims, and pledged their cordial support to the regular nominee of the convention.[157] Such machine-like precision warmed the hearts of Democratic politicians.
The editor of the _People"s Advocate_ declared the integrity of Douglas to be "as unspotted as the vestal"s fame--as untarnished and as pure as the driven snow."
The Griggsville convention also supplied the requisite machinery for the campaign: vigilant precinct committees; county committees; a district corresponding committee; a central district committee. The party now pinned its faith to the efficiency of its organization, as well as to the popularity of its candidate.
Douglas made a show of declining the nomination on the score of ill-health, but yielded to the urgent solicitations of friends, who would fain have him believe that he was the only Democrat who could carry the district.[158] Secretly pleased to be overruled, Douglas burned his bridges behind him by resigning his office, and plunged into the thick of the battle. His opponent was O.H. Browning, a Kentuckian by birth and a Whig by choice. It was Kentucky against Vermont, South against North, for neither was unwilling to appeal to sectional prejudice. Time has obscured the political issues which they debated from Peoria to Macoupin and back; but history has probably suffered no great loss. Men, not measures, were at stake in this campaign, for on the only national issue which they seemed to have discussed--Oregon--they were in practical agreement.[159] Both cultivated the little arts which relieve the tedium of politics.
Douglas talked in heart to heart fashion with his "esteemed fellow-citizens," inquired for the health of their families, expressed grief when he learned that John had the measles and that Sally was down with the chills and fever.[160] And if Browning was less successful in this gentle method of wooing voters, it was because he had less genuine interest in the plain common people, not because he despised the petty arts of the politician.
The canva.s.s was short but exhausting. Douglas addressed public gatherings for forty successive days; and when election day came, he was prostrated by a fever from which he did not fully recover for months.[161] Those who gerrymandered the State did their work well.
Only one district failed to elect a Democratic Congressman. Douglas had a majority over Browning of four hundred and sixty-one votes.[162]
This cheering news hastened his convalescence, so that by November he was able to visit his mother in Canandaigua. Member of Congress at the age of thirty! He had every reason to be well satisfied with himself.
He was fully conscious that he had begun a new chapter in his career.
FOOTNOTES:
[Footnote 118: Ford, History of Illinois, pp. 213-214.]
[Footnote 119: Davidson and Stuve, History of Illinois, pp. 454-455.]
[Footnote 120: Why McClernand was pa.s.sed over is not clear. Douglas entered upon the duties of his office November 30, 1840.]
[Footnote 121: Wheeler, Biographical History of Congress, p. 74.]
[Footnote 122: Sheahan, Douglas, p. 43.]
[Footnote 123: Ford, History of Illinois, p. 217.]
[Footnote 124: _Ibid._, pp. 212-222.]
[Footnote 125: Davidson and Stuve, History of Illinois, p. 456.]
[Footnote 126: Illinois _State Register_, January 29, 1841; Ford, History of Illinois, p. 220.]
[Footnote 127: Davidson and Stuve, History of Illinois, pp. 457-458.]
[Footnote 128: _Ibid._, pp. 457-458.]
[Footnote 129: Illinois _State Register_, February 5, 1841. Judge Smith is put in an unenviable light by contemporary historians. There seems to be no reason to doubt that he misinformed Douglas and others.
See Davidson and Stuve, History of Illinois, pp. 458-459.]
[Footnote 130: Chicago _American_, February 18, 1841.]
[Footnote 131: Sangamo _Journal_, March 19, 1841.]
[Footnote 132: Chicago _American_, February 18, 1841.]