But the most absorbing topic of this session was the impeachment trial of Theophilus W. Smith, one of the associate judges of the supreme court. Petitions numerously signed were received by the house charging him with misdemeanors in office. The house voted seven articles of impeachment, which were transmitted to the senate for trial. The first three related to the corrupt sales of circuit clerkships; he had authorized his son, a minor, to bargain off the office in Madison county, by hiring one George Kelly at $25 per month, reserving the fees and emoluments to himself; he did the same-reserving the fees and emoluments— till his son became of age; and to subject said office to his will, he had made appointments three several times without requiring bonds from the appointees. He was also charged with being a co-plaintiff in several vexatious suits for an alleged trespass, commenced by affidavit in a court where he himself presided, holding the defendants illegally to excessive bail upon a trifling pretext, to oppress and injure them, and continuing the suits from term to term to harrass and persecute them. The 5th article charged him with arbitrarily suspending John S. Greathouse, a lawyer, from practice for advising his client to apply for a change of venue to a circuit where his honor did not preside; 6th, for tyranically committing to jail, in Montgomery county, a Quaker who entertained conscientious scruples against removing his hat in open court; 7th, for deciding an agreed case between the sheriff and treasurer of Madison county without process or pleading, to the prejudice of the county, rendering appeal to the supreme court necessary. senate resolved itself into a high court of impeachment and a solemn trial was had, which lasted from January 9th to February 7th, 1833. The prosecution was conducted by a committee of managers from the house, consisting of Benjamin Mills, Murray McConnel, John T. Stuart, James Semple, and Johu Dougherty. The defendant was represented by Sidney Breese, R. M. Young, and Thomas Ford, subsequently governor. The array of talent on both sides, the exalted position of the accused, and the excitement thereby caused in political circles, gave to the trial unusual public attraction throughout the State, and during its protracted pendency little else was transacted by the legislature.

The

The trial was conducted throughout by marked ability and learning. A great number of witnesses were examined and much documentary evidence introduced. The arguments of counsel were of the highest order; and in the final summing up for the prosecution, the chairman of the house committee, Mr. Mills, one of the most brilliant orators of the time, spoke for three days in a strain of unsurpassed eloquence. Pending the trial, the defendant, after each adjournment, had the desks of senators carefully searched for scraps of paper containing scribbling concerning their status upon the respective charges. Being thus advised, his. counsel enjoyed peculiar advantages in the management of the defence. The constitution required that "no person shall be convicted without the concurrence of two-thirds of all the senators present." When the vote was finally taken upon each article separately, 22 senators were present, 4 absent or excused. It required 15 to convict, 12 voted "guilty" on some of the charges, 10 were in favor of acquittal, and 15 "voted him guilty of one or other of the specifications, but as 12 was the highest vote on any

one of them, he was acquitted."* Thereupon the house of representatives, well convinced of his guilt, immediately passed a resolution by a two-thirds vote under the constitution to remove him from office by address; but this, too, when reported to the senate, failed in that body, and Judge Smith retained his seat upon the supreme bench of Illinois until he died about ten years afterward.t

When Lieutenant Governor Zadock Casey was elected to congress in 1832 he resigned his office and Gen. W. Lee D. Ewing, a senator, was chosen to preside over the senate. At the August election of 1834, governor Reynolds was also elected to congress, more than a year ahead, as was then the law, to succeed Mr. Slade; but shortly after, the incumbent died, when Reynolds was also chosen to serve out his unexpired term. Accordingly he set out for Washington in November of that year to take his seat in congress, and Gen. Ewing, by virtue of his office as president of the senate, became governor of this State for just 15 days, when, upon the meeting of the legislature, to which he sent his message as acting governor, he was relieved of his exalted station by the governor elect, Duncan, being sworn into office. This is the only time that such a conjuncture has happened in the history of the State.

'Ford's History

+See Senate Journals 1833, appendix, for full proceedings of this trial.

1.

CHAPTER XXXII.

1827-1831-BLACK HAWK WAR.

Winnebago Hostilities-Indians unable to Resist the Encroachments of the Miners-Coalition with the Sioux-Attack on a Steamboat-Compelled to sue for Peace.

Sacs and Foxes-Black Hawk-Keokuk-Sac Villages-Inva sion of the State-Militia and Regulars brought into Requisition -March to the Scene of Danger-Black Hawk compelled to enter into a Treaty of Peace.

The most frequent cause of the difficulties which from time to time have disturbed the peaceful relations of the white and red men, has resulted from a desire of the former to possess the hunting grounds of the latter. Intrusions upon Indian territory, led to the war with Pontiac and that of King Phillip, 11 years afterward, and at a later date, and farther westward, to the sapguinary contest with Tecumseh. The original emigrants from Europe and their descendants, requiring lands for cultivation, purchased large tracts from the Indians. As fast as these became populated others were required, till the savages, seeing their forests and hunting grounds rapidly disappearing, endeavored to re-possess them. The Europeans met them in arms, and as the result, they have been driven from river to river and from forest to forest till scarcely an abiding place is left them. The last effort to resist encroachments of this kind, was made by the Winnebagoes and the Sacs and Foxes, within the limits of Illinois.

Winnebago War.-During the latter part of Governor Edwards' administration, the Indians on the northwestern frontier manifested symptons of discontent. The dissatisfaction increased, and in the summer of 1827, culminated in what the writers of the time style the Winnebago war, an affray of no great magnitude but the precursor of the hostilities under Black Hawk, which filled the nation with alarm. This sudden ebulition of savage animosity, was the unjust occupation of their lands by the miners of Galena. At this period large number of adventurers from different States, were hastening to the lead mines, and in passing through the country of the Winnebagoes, purposely exasperated them with the intention of provoking hostilities and securing their lands by way of reprisal. The right of this tribe to the lands in question, was, how ever, involved in doubt. By the treaty of 1804, the Sacs and Foxes

ceded to the United States all the land between the mouths of the Illinois and Wisconsin rivers. In 1816, that portion of the territority lying north of a line drawn west from the southern extremity of Lake Michigan, was retroceded by the government to the Ottawas, Chippewas and Potawattomies, the Winnebagoes not being included in the grant. Subsequently, however, a war broke out among these tribes in regard to their respective boundaries, and in 1825 the commissioners of the United States interposed as mediators to re-adjust them and terminate hostilities. In the new arrangement, the right of the Winnebagoes to the land in the vi cinity of the lead mines, seems to have been admitted, although they were not recognized in the preceding treaty.

But waiving the question of title, they had been in possession of the country for years, and believing it belonged to them, regarded the intrusion of the whites with the same intense jealousy and ill-will manifested by civilized men on similar occasions. Rich deposits of lead ore had been found in their territory, and Mr. Thomas, the agent at Galena, gave permission to the miners to procure large quantities of mineral, despite the remonstrances of the Winnebagoes. The savages at length, finding their complaints unheeded, attempted to eject the trespassers by force, but were themselves repelled and greatly exasperated at being unable to protect their property. Assistance from others was now their only alternative, and for this purpose they sent a delegation to ask the advice of their principal chiefs north of Prairie du Chien. Ånother object of their visit was to secure the co-operation of the Sioux, who had also become offended at the Americans and only waited an opportunity to wreak their vengeance upon the objects of their ill-will. Some of their countrymen had not long before surprised and murdered a number of the Chippewas in the vicinity of Fort Snelling, and the commandant immediately caused their arrest and had them delivered up to the injured tribe for merited punishment. The interposition of the American officer was prompted only by a sense of justice, yet Red Bird, the chief of the tribe, became greatly offended and secretly resolved to form a coalition with the Winnebagoes. Both tribes, therefore, had grievances to redress, and each found the other ready to strike a united blow against the common enemy.

at

Accordingly, while the Winnebagoes were in consultation with their chiefs, they were visited by a messenger of the Sioux, who after detailing the wrongs of his own tribe, resorted to falsehood to further exasperate his auditors against the Americans. He informed them that two Winnebago prisoners confined Fort Snelling, had recently been cruelly murdered by the whites, under circumstances which demanded immediate and bloody retaliation. Notwithstanding the utter mendacity of this statement, the Winnebagoes, smarting under their treatment at the hands of the miners, were easily persuaded it was true, and resolved upon revenge, while the visitor assured them that as soon as they struck the first blow, his own tribe would assist them. They accordingly killed 2 white men, and a more justifiable pretext was not long wanting for them to strike another blow. On the 30th of July 1827, 2 keel boats, laden with supplies for Fort Snelling, landed at a large Winnebago encampment a short distance above Prairie du Chien. While here the Indians collected

about the boats, doubtless for the purpose of plunder but were foiled in their designs. In the absence of other weapons the whites made them drunk, and taking advantage of their helpless condition, captured several squaws, and took them aboard for a purpose too base to mention. Before their intoxicated husbands became aware of the injury they had sustained, the boats and their squaws were too far up the river for pursuit, yet several hundred infuriate warriors now assembled with the determination of meeting out to the aggressors the most severe punishment when they returned. In due time, the boats were seen descending the river, but the crews aware that their misdeeds deserved castigation, had made preparation for defence. One of the boats passed by unobserved during the night, but the other, less fortunate, was assailed by an overwhelming force of savages, who fought with a determination only equalled by their passion for vengeance. The boat became grounded, and for a time the men on board seemed doomed. Directly in the face of a galling fire, the savages succeeded in lashing some of their canoes to the unmanageable craft, but when they attempted to board her, they were beaten back into the river, and finally retired from the contest. During the engagement the squaws escaped, and no doubt with the hearty consent of the boatmen, provided it might be the means of drawing after them their infuriate lords. Two of the Americans were killed, and so many others wounded, it was with difficulty that Captain Lindsey, who had charge of the boat, rau down to Galena, and made known the hostile attack. Dire alarm at the reception of the news spread among the miners, and in a short time not less than 3000 men, women and children fled to Galena for protection. Exaggerated reports spread rapidly over the country, and most of the settlements in the northern part of the State partook of the fear and excitement incident to an actual invasion. At Galena a committee of safety was formed, temporary defenses were erected, and in pursuance of an order from Gov. Edwards, the miners were formed into companies and equipped for action. A regiment was also raised in Sangamon and Morgan counties, and under the command of T. M. Neale, marched to the scene of danger. On his arrival, however, he found the war virtually at an end. Gen. Atkinson with 600 regulars and the Galena militia, under Gen. Dodge, had penetrated the enemy's country, as far as the portage of the Fox and Wisconsin, and compelled the hostile savages to sue for peace. The army returned from Prairie du Chien, with 7 of their principal men, among whom were Red Bird the chief of the Sioux, and Black Hawk who shortly afterward became the instigator of other and greater disturbances. They were all thrown into prison as abettors of the murderous attack on the boat, and suffered a long confinement before they were tried. As the result of the tardy trial, some were acquitted, and others convicted, and more than a year after their incarceration executed on the gallows.

In the meantime, Red Bird whose proud spirit could not endure the humiliation of confinement, sickened and died in prison. There was associated with the latter days of his life a romantic and melancholy interest, different from the usual phases of Indian character. He had always been the favorite of his own people and up to this illicit connection with the Winnebagoes the