CHAPTER VI.

THE

THE JUDICIARY.

HE vote on the convention question in 1824 was conclusive. The victory for the anti-slavery party was decisive. Beyond all further controversy, Illinois took her place as one of the free states. The decision of this question left those who had been earnestly engaged in it, free to give their attention to other reforms greatly needed, the most important of which related to our judiciary system. Reform here was imperative, both as to men and measures. The constitution of the state provided that the justices should be appointed by the legislature and hold office during life, with this wise proviso, that the justices first appointed should hold office only five years. The wisdom of this proviso is apparent from the condition of the state at the time it formed its constitution. There were no lawyers in the state willing to accept the position of judge in the supreme court, who were known to be qualified for that important trust. In the convention that formed the constitution there were but three lawyers, Jesse B. Thomas, E. K. Kane and A. F. Hubbard, and all these had political aspirations in other directions.

Mr. Thomas was United States judge for the territory of Illinois, and now aspired to the position of United States senator from the new state, in which he was successful. Ninian Edwards, governor of the territory from its organization, and well qualified to fill any position the state might assign him, had the same aspiration as Judge Thomas, and was also successful.

Nathaniel Pope, who has already been mentioned several times, was sure of the appointment of United States district judge, and was not available for any state office. Outside of these three men, at this time, there were no lawyers of established reputation within the state.

The wisdom of the constitutional proviso is still more apparent, when we consider the men appointed by the legislature as justices of our supreme court. Of these, there were to be one chief justice and three associate justices, and the following were appointed to office: John Philips, chief justice; Wm. P. Foster, Thos. C. Brown and John Reynolds, associate justices.

Of Judge Philips' qualifications for the office little is now known. He was a man of decided ability in some other directions. He came to the state in the war of 1812, as captain in the regular army, and afterward was appointed secretary of the territory. Thus he was a prominent man in the state at the time of his appointment as chief justice, but he had aspirations in another direction, and in July, 1822, he resigned, having secured the nomination of the pro-slavery party as its candidate for governor. Defeated in the election, disgusted with his party friends, whose bad management brought about that result, he turned his back upon the state and removed to Tennessee.

As to Judge Brown, we quote from "Stuvé and Davidson": "Brown was a large, somewhat stately looking, affable man, yielding in disposition, with little industry for study, and few of the higher qualities for a judge. He remained on the bench till the constitution of 1848 went into effect, a period exceeding thirty years;" and here it may be added that subsequent history does not change this record.

Wm. P. Foster-we can not call him judge-was a miserable fraud, and his appointment is a mystery. He must have had some of the winning manners of the professional scoundrel. He had never studied law, nor had a license to practice. By one excuse after another he avoided holding court, until he had drawn his first year's salary, when he resigned and left the state. He afterwards proved to be one of the vilest scoundrels known in our history.

The appointment of John Reynolds seemed like a farce. He had studied law but a few months, and had had no practice, and was not thought of for the position until a few hours before the appointment, which was as much a surprise to himself as to others. Judge Reynolds has written a book entitled, "My Own Life and Times," of some value, as it speaks of men and things

as they came within his own observation, but of little merit in other respects. This book shows clearly that he had no legal qualifications for the judgeship, nor personal dignity to adorn the bench, or even save it from contempt.

This closes the list of our first judges. A little improvement was made by the appointment of Thomas Reynolds as chief justice in place of Judge Philips, and a very great improvement in the appointment of Wm. Wilson in the place of Foster. As Judge Wilson was the life-long friend and associate of Mr. Lockwood, we insert here the following quotation from "Stuvé and Davidson": "Wilson was a young man, scarcely twenty-five years old, of spotless character, good education, (though not collegiate) and fair attainments as a lawyer. He was social in his disposition, candid and artless by nature, with a manner pleasing and winning. He proved a sound judge, and presided with a dignity which inspired the utmost respect in the bar and attendants."

To the general assembly of 1824 was delegated the important work of reorganizing the judiciary and the selection of new justices, and Mr. Lockwood was earnestly solicited to become a candidate for one of the positions. He was himself constitutionally averse to any such action and would not consent to any such use of his name. His friends were, however, persistent, and the office was forced upon him.

The vote on the convention question, though decisive, did not bring peace. The bitter spirit engendered by the contest lasted for more than one generation, and was manifest in many state elections. At the same time this vote was taken, all the state officers were to be elected, and each party had its candidates in the field, and as the parties were about equally divided, the appointment of the justices caused a bitter controversy.

We quote here from some letters written at the time, indicating some of the features of this controversy, and some of the reasons which were urged upon Mr. Lockwood, by his friends, to induce him to accept the position to which he was appointed: VANDALIA, Dec. 31, 1824.

SAMUEL D. LOCKWOOD, Esq. :

DEAR SIR, The judiciary bill has passed both houses, and become a law, and the election for judges, pursuant to the pro

visions of that law, came on yesterday. Wm. Wilson was elected supreme judge, and yourself, T. W. Smith, T. C. Brown were elected associate judges.

The blacklegs with a few traitors outnumbered us, but upon the whole, we think ourselves happy that we were able to keep out the Reynolds, (Thomas and John) and James Turney. I have not time to detail particulars, but suffice it to say that the struggle was equal, if not superior, to anything of the kind that ever took place in this government. The friends of each of the candidates, that is of each party, were ardent in the extreme. Our eyes are now turned to you and Wilson for a reform in the practice. We think you will have the aid of Brown. We pray you will accept for our sakes; do not refuse. The salaries are not fixed, but I hope they will not be less than $1,000.

S. D. LOCKWOOD, Esq.:

Your Ob't Serv't,

WM. OTWELL.

VANDALIA, Dec. 30, 1824.

MY DEAR SIR,-We, yesterday, had an election, as you will see by the papers. We have elected you, and no doubt, placed you in a worse position for accumulating property than at present, but I hope you will serve. I did not know that you could be induced to do so, until the evening before the election, and I was then determined to run you for chief justice, but others who appeared to be your friends were of the opinion we would be more certain to elect you as an associate. I still think they did wrong. I would have been better pleased to have seen you chief justice. I am satisfied your friends in our section of the state, and they are many, are glad to have you one of the judges of the supreme court. I am not pleased with the election of Brown; I conceive he has no business there.

We will not be able to give high salaries now, but I hope the state will be, by next session, in a situation to increase.

With considerations of respect I am, dear sir,

Your friend and well-wisher, W. B. ARCHER.

SAMUEL D. LOCKWOOD, Esq.

BELLEVILLE, Jan. 4, 1825.

DEAR SIR,-I am truly gratified to find that you have been elected a judge of our court of appeals, but I am also very

fearful that you will not accept. It is true, you have not that station on the bench to which your reputation as a lawyer entitles you. But it is in the hands of a friend, who is highly respected, both for his integrity and good judgment, and I presume you will not decline accepting on that account. As to the salary, if it should be fixed at $1,000, I think you ought not to hesitate.

Money has appreciated greatly and will ultimately settle down at the value it had before the French revolution. Our state paper must rise rapidly and will soon disappear altogether, as Missouri money has done.

This is a time when those who can do so, ought to feel disposed to make some sacrifice for the public good. If your acceptance would not be too great a one, you will be entitled to the gratitude of the state for making it. Your friend truly,

DR. LOCKWOOD:

NINIAN EDWARDS.

KASKASKIA, Jan'y 5, 1825.

I have just received a letter from McKee, who thinks it doubtful if you accept your new appointment. This won't do your friends will never forgive you. If the salary is now put too low, there is no doubt of its being raised at the next session.

We desire you to live here, and Mrs. Pope has consented most cheerfully to provide you with a knife and fork at her tablethis is intended as a bribe to bring you here. In this place yon have many friends, among whom you may pass your time very pleasantly-much more so than you can do at Edwardsville. NATH'L POPE.

Your af't friend,

The salary was fixed at $1,000, payable, however, in depreci ated currency, which reduced it to about $400. Thus, Mr. Lockwood had to decide between the comparatively lucrative office of receiver, with light work and small responsibility, and the position of judge, with meagre salary, arduous labors, and immense responsibility. The latter, however, offered an opportunity of doing a great and good work for his adopted state in the line of his chosen profession, and this consideration decided the matter. He accepted the office and entered upon that work, the value of which to the state can be appreciated only by those who understand the nature of it, and the ability and fidelity with which it was accomplished.