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Stephen Arnold Douglas
Meanwhile, however, he had practiced law with such success that no account of the Illinois bar of those days omits his name from the list of eminent attorneys. It was noted that whereas Lincoln was never very successful save in those cases where his client's cause was just, a client with but a slender claim upon the court's favor found Douglas a far better advocate. He never seems to have given much time to the reading of law or to the ordinary drudgery of preparing cases for trial, but he mastered the main facts of his cases with the utmost facility, and his mind went at once to the points that were sure to affect the decision. Early in his experience as a lawyer he had to be content with fees that seem absurdly small; once, he rode from Springfield to Bloomington to argue a case, and got but five dollars for his services. But he was a first-rate man of business, and soon had a good income from his profession.
In January, 1841, the legislature, now Democratic in both branches, removed the Whig incumbent from the office of secretary of state, and the governor at once appointed Douglas to succeed him. That office, however, he held less than a month, for the legislature had also reconstructed the supreme court in such a way as to increase the number of judges, and in February, being then less than twenty-eight years old, he was named for one of the new places. One of the reasons why the court was reconstructed was its opposition to the Democratic position on the franchise question. Douglas, arguing a famous franchise case before it, had made himself the champion of unnaturalized inhabitants claiming the right to vote, and had thus established himself in the good-will of a large and increasing constituency throughout the State. Under the new law, each justice was assigned to a particular circuit, – Douglas to the westernmost, whose principal town was Quincy, on the Illinois River, where he made his home.
The Mormon settlement of Nauvoo was in that circuit, and the most interesting of all the cases brought before Judge Douglas grew out of the troubles between the followers of Joe Smith and their neighbors. On one occasion, Joe Smith was himself on trial, and the Christian populace of the neighborhood, long incensed against him and his people, broke into the court-room clamoring for his life. The sheriff, a feeble-bodied and spiritless official, showed signs of yielding, and the judge, promptly assuming a power not vested in his office, appointed a stalwart Kentuckian sheriff, and ordered him to summon a posse and clear the room. By these means the defendant's life was saved, and Douglas, notwithstanding various decisions of his against them, earned the gratitude of the religious enthusiasts. There is a story that some years later, when he was no longer a judge, but a major in a militia regiment sent on an expedition against Nauvoo, he was ordered to take a hundred men and arrest the "twelve apostles." The Mormons, outnumbering the militia, were fortified for defense. Major Douglas, however, proceeded alone into their lines, persuaded the twelve to enter their apostolic coach and come with him to the Christian camp, and so brought about an agreement which prevented a fight.
Both as a judge and as a member of the council of revision Douglas stood out with commendable firmness against the popular feeling, strong throughout the country during the hard times, and which in some of the States got a complete ascendency over courts and legislatures, in favor of the relief of debtors. He enforced the old laws for the collection of debts, and he baulked several legislative schemes to defraud creditors of their due by declaring the new laws unconstitutional. For the rest, his decisions have seemed to competent critics to show that he possessed unusual legal ability and grasp of principles and a corresponding power of statement, scant as his legal training was.
According to the American usage, he was "Judge Douglas" all the rest of his life, but the state bench no more satisfied his ambition than the other state offices he had held. In December, 1842, when the legislature proceeded to ballot for a United States senator, his name was presented, though again his age fell short of the legal requirement, and on the last ballot he had fifty-one votes against the fifty-six which elected his successful competitor. The next year, being nominated for the lower house of Congress, he accepted, and at once resigned his place on the bench, though the district had a Whig complexion. At the end of a canvass which left both himself and his opponent, Browning, seriously ill, he was elected by a majority of several hundred.
On his way to Washington, he visited Cleveland, where his westward journey had come so near an abortive ending, and then his home-folk at Canandaigua. He was but thirty years old, yet he had held five important political offices, he had risen to high rank in his profession, he was the leader of the dominant party in a great State; and all this he had done alone, unaided. Few aged men have brought back such laurels from their Western fortune-seeking. In December, 1843, he took his seat in the House of Representatives and began to display before the whole country the same brilliant spectacle of daring, energy, and success which had captivated the people of Illinois.
CHAPTER II
THE HOUSE AND THE SENATE
It was the aggressive energy of the man, unrestrained by such formality as was still observed by the public men of the older Eastern communities, which most impressed those who have left on record their judgments of the young Western congressman. The aged Adams, doubtless the best representative of the older school in either branch of Congress, gave a page of his diary to one of Douglas's early speeches. "His face was convulsed," – so the merciless diary runs, – "his gesticulation frantic, and he lashed himself into such a heat that if his body had been made of combustible matter it would have burnt out. In the midst of his roaring, to save himself from choking, he stripped and cast away his cravat, unbuttoned his waistcoat, and had the air and aspect of a half-naked pugilist. And this man comes from a judicial bench, and passes for an eloquent orator!" On another occasion, the same critic tells us, Douglas "raved an hour about democracy and anglophobia and universal empire." Adams had been professor of rhetoric and oratory at Harvard College, and he was the last man in the country to appreciate an oratorical manner that departed from the established rules and traditions of the art. Ampère, a French traveler, thought Douglas a perfect representative of the energetic builders of the Western commonwealths, and predicted that he would come into power when it should be the turn of the West to dominate the country. "Small, black, stocky," so this observer described him, "his speech is full of nervous power, his action simple and strong." Douglas, however, quickly adapted himself to his new environment, – no man in the country excelled him in that art, – and took on all the polish which the Washington of that day demanded, without any loss of fighting spirit or any abandonment of his democratic manners and principles.
He soon got a good opportunity to plant himself on a powerful popular sentiment by urging, in a really excellent speech, that the country should repay to the aged Jackson the fine which had been imposed upon him for contempt of court during the defense of New Orleans. An experienced opponent found him ready with a taking retort to every interruption. It being objected that there was absolutely no precedent for refunding the fine, "I presume," he replied, "that no case can be found on record, or traced by tradition, where a fine, imposed upon a general for saving his country, at the peril of his life and reputation, has ever been refunded." When he visited The Hermitage during the following summer, Jackson singled him out of a distinguished party and thanked him, not without reason, for defending his course at New Orleans better than he himself had ever been able to defend it. Douglas won further distinction during the session by defending, in a report from the committee on elections, the right of the several States to determine how their representatives in Congress should be chosen. Later, in a debate with John J. Hardin, his rival in Congress as in the Illinois legislature, he contrasted the Whig and Democratic positions on the questions of the day with so much force and skill that the speech was used as the principal Democratic document in the presidential campaign of 1844.
In Congress, distinction does not always, or usually, imply power; but Douglas was consummately fit for the sort of struggling by which things are in fact accomplished at Washington. Whatever the matter in hand, his mind always moved with lightning rapidity to positive views. He was never without a clear purpose, and he had the skill and the temper to manage men. He knew how to conciliate opponents, to impress the thoughtful, to threaten the timid, to button-hole and flatter and cajole. He breathed freely the heated air of lobbies and committee rooms. Fast as his reputation grew, his actual importance in legislation grew faster still. At the beginning of his second term he was appointed chairman of the House Committee on Territories, and so was charged in an especial way with the affairs of the remoter West. In the course of that service, he framed many laws which have affected very notably the development of our younger commonwealths. He was particularly opposed to the policy of massing the Indians in reservations west of the Mississippi, fearing that the new Northwest, the Oregon country, over which we were still in controversy with Great Britain, would thus be isolated. To prevent this, he introduced during his first term a bill to organize into a territory that part of the Louisiana Purchase which lay north and west of Missouri. As yet, however, there were scarcely any white settlers in the region, and no interest could be enlisted in support of the bill. But he renewed his motion year after year until finally, as we shall see, he made it the most celebrated measure of his time.
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