tended that it established the odious doctrine of life-offices; and it was used with telling effect against the whigs at the ensuing election. The former availed themselves of the first opportunity offering itself to override, and virtually to reverse, the decision of the supreme court by promptly confirming Stephen A. Douglas whose nomination as secretary of state was among the first official acts of the governor after the assembling of the called session, on Nov. 30. Mr. Douglas, however, only held the position until February 27, when he was suceeeded by Lyman Trumbull, who was confirmed by a vote of 22 to 14.

The other question as to which the action of the whig supreme court had given great offence arose out of the exercise of the elective franchise under the following provision of the constitution of 1818-"All white male inhabitants above the age of twenty-one years, having resided in the State six months next preceding the election, shall enjoy the right of an elector." It was the opinion of many leading whigs that the right of suffrage was limited to citizens of the United States, and that the courts would so decide. There were at this time about ten thousand foreigners in the State, nine-tenths of whom had allied themselves with the democratic party. Their vote at the election of 1840 might not only determine the political contest for the control of the State, but possibly for that of the United States. To retain their support on the one hand or eliminate it on the other had therefore become a question of vital importance to both parties. To bring it to an issue an agreed case was made at Galena, in which Judge Dan Stone decided against the right of aliens to vote. It was carried to the supreme court, where it was heard in December, 1839, and continued to the June term, 1840, at which time the excitement and turmoil of the presidential election was at its zenith. If, as was feared by the democrats, the case should be decided adversely to the right of aliens to vote, they would unquestionably lose the State. Judge Smith, however, who had discovered a serious defect in the record, in which, instead of 1838, the year 1839 had been alleged as that in which the general election occurred, communicated the fact to counsel, who succeeded, by showing this error, in continuing the case to the

CHANGE OF THE JUDICIARY.

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December term, which would carry it beyond the presidential election.

The democrats, however, were by this time determined to run. no further risk of what they termed political decisions against them by the supreme court, and on December 10, Senator Adam W. Snyder introduced a bill to reorganize the judiciary, by which the judges of the circuit court were to be legislated out of office and provision made for the appointment by the legislature of five additional associate justices of the supreme court, who, together with the four existing members, should hold the circuit courts.

In the meantime, the supreme court had decided the case, in which it was found that under the record the constitutional question was not involved, but merely one of construction under the election law of 1829.

It was alleged, however, that this decision had been rendered in order to mislead the dominant party as to the ultimate result of the litigation and with a view to affect pending legislative action regarding the judiciary. It was even charged on no less authority than that of Judge Smith, that the majority of the court had already written out opinions against the right of aliens to vote when the error in the record was discovered by him in June. This, however, was summarily denied by the judges in a published statement, in which Judge Smith was ultimately forced to join. The discussion of the bill continued with great bitterness for several weeks, its passage being opposed not only by the whigs but by a few democrats as well, and especially by the friends of the incumbent circuit-judges. The most of the judges, however, were won over by promises of reëlection.

The measure finally passed, and was returned by the council of revision with their objections, but was reënacted by the bare majority, however, of one vote in the house. Gov. Ford, though he owed to it his election to the supreme bench, characterizes the action of the general assembly as "a confessedly violent and somewhat revolutionary measure, which could never have succeeded except in times of great party excitement."

The five additional judges elected were Thomas Ford, Sidney Breese, Walter B. Scates, Samuel H. Treat, and Stephen A.

Douglas, all democrats, and all of whom except the latter had previously occupied the position.

The State was also redistricted under the census of 1840, provision being made for the election of 41 senators and 121 representatives.

For the first time the party in power at this session designated its choice for United-States senator in caucus, without, as heretofore, running any risk of the selection of an objectionable candidate by a promiscuous ballot. Samuel McRoberts secured the caucus nomination and was elected at the joint session, December 16, by a vote of 77 to 50, the minority voting for Cyrus Edwards.

Judge McRoberts was a native Illinoisan, having been born in Monroe County, April 12, 1799. He had been judge of the circuit court, a member of the State senate in 1828-9, U.-S. district attorney, and receiver of public moneys at Danville. He only lived to serve two years of his term, dying March 22, 1843.

This was a remarkably turbulent as well as belligerent session of the legislature. It might well be termed, also, the protesting session. Leading democrats protested against the passage of the banking law, nearly all the whigs protested against the law reorganizing the judiciary-while leading whigs and democrats alike protested against the passage of the act regulating the sale of property levied on by execution.

CHAPTER XXIX.

Administration of Governor Ford - Thirteenth General Assembly-Election of U.-S. Senator and State Officers -Bank and Public-Debt Measures-State FinancesElection of 1844 - Fourteenth General Assembly Senatorial Election - Laws Illinois - and - Michigan Canal.

THE

HE nomination of Thomas Ford as a candidate for governor in 1842, was as unexpected as the honor was unsought. The democratic State convention which met in Springfield, Dec. 13, 1841, had selected Adam W. Snyder as the candidate for governor by a nearly unanimous vote. John Moore was at the same time nominated for lieutenant - governor on the fifth ballot, his opponent having been William A. Richardson.

Ex-Gov. Duncan, in the spring of 1842, by general consent, and without the calling of a convention, became the candidate of the whigs for governor, and Wm. H. Henderson* of Putnam County, for lieutenant-governor..

At this time, and for some years thereafter, the attitude of the Mormons toward the State government occupied a large space in the public mind. They controlled a considerable number of votes, and neither party was averse to securing their support. Col. Snyder had been particularly active in the legislature in obtaining the granting of certain charters conferring upon the Mormon organization at Nauvoo extraordinary powers, under which city ordinances had been adopted practically setting the State government at defiance. Although some whigs had also voted for the passage of these charters, Judge Douglas had successfully exerted his influence to induce Joseph Smith, the Mormon prophet and leader, to issue a proclamation exhorting his adherents to support Snyder.

He

* He was a native of Garrard County, Ky., where he was born, Nov. 16, 1793. Having served in the War of 1812, he removed to Tennessee in 1813, where he filled many responsible positions, among them a seat in the state senate. removed to Illinois in 1836, and was a popular leader, and representative in the legislature for many years, from the counties of Bureau, Putnam, and Stark. He became a citizen of Iowa in 1845, where he died, January 27, 1864.

The arrogance and encroachments of the Mormons began to arouse public indignation against them, and they became exceedingly obnoxious to the people. Ex-Gov. Duncan was quick to perceive his opportunity, and to bring this question prominently forward in his canvass as one of the leading issues of the campaign. It would undoubtedly have proved an effective point against his opponent; but while the tide seemed to be turning in Duncan's favor, death stepped in and removed Col. Snyder from the field. The democratic convention was again called together in June, when Judge Ford received the nomination. The objection that he had been a Mormon champion could not be urged against him. He had never been a member of the legislature, nor very closely connected with the political managers then generally called the Springfield regency of his party. He had been twice appointed state's attorney, and four times elected judge by the almost unanimous voice of the legislature; and at the time of his nomination for governor was engaged in the active performance of his judicial duties as a member of the supreme bench, holding circuit-court in Ogle County. He was then forty-two years of age, having been born in Uniontown, Pennsylvania, in 1800. None of the objections which it was feared might prove fatal to the candidacy of Col. Snyder could be urged against Ford, and the democrats were successful in carrying the State by the largest majority they had yet received-the vote standing for Ford 46,901, for Duncan 38,584. For lieutenant-governor, Moore received 45,567 votes, and Henderson 38,426.

Gov. Ford, with his half-brother George Forquer, had been a resident of the State since childhood. His widowed mother, a woman of heroic character, whose husband, Robert Ford, had been killed by the Indians, removed from Pennsylvania at first to the west side of the Mississippi, but soon after, in 1805, to Monroe County, Illinois. The governor was low in stature and slender in person, with thin features, deep-set grey eyes, and an aquiline nose which had a twist to one side.

Though small physically he was large mentally. Unlike the most of his predecessors he was noted neither for athletic accomplishments nor for military achievements, although he served creditably in the Black-Hawk War. He had studied