History of Illinois, from 1778 to 1833; and life and times of Ninian Edwards

Front matter

Book a. — 2i^

FROM

AND

Chapter I

Genealogy of Gov. Edioards — Ilia Birtli and Early Education — Ilk Removal to Kentuclcy — Dissipated Ilahits — Election to the Le<)islature — Becomes a Laioyer and enters upon a Lucrative Practice — Is advanced to. the Bench — Becomes Chief Justice of Kentucky — His Political Vieirs — His Marriage — Speech as Presidential Elector in 1804 — Speech as a Candidate for Congress, 180G — Charge to the Grand Jury — His Relations with 3Ir. Clay.

Benjamin Edwards, the father of Ninian Edwards, was the son of Hay. den Edwards, of Stafford county, Virginia, who married Penelope Sandford, by whom he had four sons and several daughters. They removed to Kentucky before the close of the last century, where they lived honorable, virtuous and Christian lives, and each died at about the age of ninety years. They were raised in connection with the English branch of the Episcopal Church of Virginia, but afterwards became members of the Baptist Church.

The following obituary notice of the Hon Benjamin Edwards, their son, and fiither of Ninian Edwards, was written and published by the late Hon. William Wirt :

• Died on the IStli November, 1826, at his residence in Elkton, TodJ county, Kentucky, Benjamin Edwards, in the 74th year of his age, and the 56th of his Christian life. His venerable consort, Mrs. Mautha Edwards, after a union of more than fifty years, preceded him to the grave about three montlis before. They both resigned this world with that perfect composure and full assurance of future happiness, which religion can inspire, and left behind them a numerous and respectable family of children and their descendants, to imitate their virtues and to deplore their loss.

Mr. Edwards was a native of Stafford county, in Virginia; and before he came of age, he intermarried with Margaret, the daughter of Ninian B.eall, of Montgomery county, Maryland, and resided, for nearly twenty-five years, on his farm of Mount Pleasant, about nine miles above tlie court house of that county. His pursuits were those of agriculture and merchandize, which he conducted with industry and irreproachable mtegrity.

He had not the advantage of a classical education, but nature had given him a mind of extraordinary force and comprehension, and a moral character of uncommon elevation and energy. He was one of nature's great men ; and she had stamped this character most strikingly on his countenance and person. He was large and well formed ; his countenance strongly marked with intelligence and benevolence ; his step and movements unconmion'ly dignified and commanding ; and in his whole action three was an easy, unaffected gracefulness, which proclaimed the gentleman and the man of feeling, in a manner not to be mistaken. Though his manners were highly prepossessing, conciliatory and kind, yet such was the dignity that surrounded him, and tlie respect with which he impressed all who approached him, that no man dreanipt of using an irreverent liberty, or indulging in a thoughtless levity in his presence. His colloquial powers were unrivalled in any company in which the writer of this article ever saw him. He had a manly and meloiiious voice, a natural fluency and eloquence tliat never hesitated, the most striking originality and vigor of thought, the aptest and happiest illustrations drawn from the objects of nature around him, and an accuracy and integrity of judgment, which have never been surpassed, on the objects that called for his decision. He had supplied the deficiencies of youthful education by careful reading, and had acquired a correct style, which was yet marked Avith the native strength and originality of his thoughts, and he conversed with great power, even on the subjects of literature, taste and science ; and many have been the flippant scholars and collegians, wiio, after the interchange of a few remarks, have felt themselves rebuked by his superior mind, and learned to listen witli instinctive reverence and delight.

He made himself an excellent historian, both in ancient and modern history; and to his children and their young companions, (of whom the writer was one,) with whom he always took pleasure in conversing, he was one of the most instructive companions whom the kindness of Providence could have sent them. Though always pious, there was nothing austere, obtrusive or revolting in his religion ; and in his domestic circle he would often indulge himself with great playfulness, and with the most successful humor ; yet no occasion was ever lost in instilling into them pure and honorable and lofty sentiments and principles, and kindling in them the flame of patriotic and virtuous emulation, holding up to them, with great eloquence, the example of ancient patriots, orators, and statesmen, with which he was so much enamored, as if he were still in his youth.

He rose to considerable distinction before he left Maryland, which was about thirty years ago. He represented the county of Montgomery for several years in the State Legislature ; was a member of the State Convention which ratified the Federal Constitution ; and, afterwards, a member of Congress for the district in which he lived. Though nature had made him an orator of higli order, lie was restrained, by his unconquerable diffidence, from hazarding himself often in public debate. He spoke but rarely, and then on local subjects, when forced forward by a high sense of duty ; yet on one of tlicse occasions, in tiie Assembly of Maryland, with so much force did he strike the House, that the late Samuel Cliase, and several others of the in().st competent judges of eloquence in that body, crossed the floor of the House, to congratulate him, and to assure him that it rested with himself to become one of the most distinguished speakers of the age. But he was restrained, by diflidcnce, from profiting by this suggestion, and a man who may be justly pronounced to have been one of nature's happiest efforts, has now passed away, to be forgotten by tlic Avorld. Never will he be forgotten by tlie grateful heart from wliich this humble tribute flows ; nor that excellent woman, who was the fit and happy counterpart of so extraordinary a man. They were both an honor to their .species, ornaments to the church to which they belonged, and are now amongst the spirits of the bles.^ed, who. surround the Tlnone on High,

WILLIAM WIRT.

He removed from Maryland to Kentucky in the year 1800. Ninian l']dwards, of Illinois, was their eldest son. lie was born in Montgomery county, Maryland, in March, 1775. His domestic training was well fitted to give his mind strength, firmness and honorable principles, and a good foundation was laid for the elevated character to which he afterwards atttained.

His education in early youth was in company and partly under the tuition of the Hon. William Wirt, whom his father patronized. Mr. Wirt was the eldest by two years and four months, but they were not merely companions in their studies, nor was the relation exactly that of tutor and pupil. They became devotedly attached to each other, and the foundation was laid for the friendship and brotherly affection that lasted during life.

At the period this intimacy commenced Mr. Wirt was at the age of fifteen, and he survived Mr. Edwards six months, wanting two days.

Mr. Wirt had been instructed in the Latin and Greek classics by Rev. James Hunt, an Episcopal clergyman, who taught a select school in Montgomery county for a period, and when that school closed he was received into the farnily of Mr. Edwards, nominally as private tutor for his son, where he remained twenty months. This arrangement was an act of kindness and beneficence on the part of Mr. Edwards to aid Mr. Wirt in his education, without the restraint that charity imposes.

The studies of young Edwards were further prosecuted under the tuition of Rev. Mr. Hunt, at Montgomery court house, from whence he was sent to Dickinson College, at Carlisle, Pa., then under the presidency of the Rev. Charles Nesbit, D.D.

After leaving college he commenced, with several others, the study of law. It was required of the law class that they should read, for one-half of the time, history ; but young Edwards having, under the instruction of his father, become a good historian, devoted the portion of time required for that study to the reading of medicine, and so thorough was his knowledge of that science, that he became, where he was known, almost as eminent in that department of science as he was in the law. Before finishing the study of law, he removed to Nelson county, in the State of Kentucky, where he had gone, under the direction of his father, to open a farm for him, and to purchase homes and locate lands for his brothers and sisters.

Nature here had lavished her gifts with wanton wildness. The character of society was then unformed. Frivolty and dissipation prevailed over the glowing feelings and Volatile temper of youth ; and the examples of age and experience were not such as were calculated to ward off the temptation. His father furnished him with ample means for his immediate support, and he had a.11 the prospective advantages of a new and growing country.

Thus sent forth upon the theatre of a new world, surrounded by companions whose pleasures and pursuits were in sensual indulgencies, it is not surprising that this inexperienced youth, with natural talents above the ordinary level, and the foundation laid ibr a virtuous and solid education, should have given away to excesses and indiscretions, till the hopes ol' his friends and his own aspirations of rising to distinction in any honorable profession, had withered.

I should do injustice to the ingenuous principles of his nature, were I to pass over silently these two or three years of his early life. I have heard him allude to it with those feelings with which an individual narrates his sudden and unexpected deliverance froiu the most imminent peril.

Amidst the dissipation that surrounded him, and in the toils of which he seemed effectually caught, it is gratifying to rermark, (hat he retained a nice sense of honor, and that the truths of revealed religion, in which he had been educated, had not lost their hold upon his mind.

During this period he was professedly engaged in legal studies. Such habits, then, did not prevent his election to the Legislature of Kentucky, as the Representative of Nelson county, before he had quite attained the age of twenty-one years ; and so well did he discharge the duties in that station, that he was reelected in the subsequent year, by an almost unanimous vote. In 1798 he was licensed to practice law, and the following year was admitted to the courts of Tennessee.

About this time he left Nelson county for Russelville, in Logan county, broke away from his dissolute companions, commenced a reformation, and devoted himself to severe and laborious study. He had previously squandered his patrimonial inheritance, impaired his health, and dissipated the hopes of his friends and parents. But from this period he was able to resolve successfully. He soon rose so rapidly in his profession, that he was not only considered one of the most eminent lawyers of that or any other country, but, in the short space of only four years' practice, he amassed a large fortune. He evinced, at a very early period, no ordinary power, with habits of regular and unremitting industry.

He practiced extensively in the courts of Kentucky and West Tennessee, and soon displayed talents and legal knowledge of a high order. And let it be noticed that he was not drifting along the current of his profession without competitors. At that period some of the brightest talents of Kentucky and Tennessee were at the bar, fired with the ardor of youthful aspirants — and it was no easy task for a young lawyer, with such competitors as Clay, Grundy, Rowan, Bibb, Boyle, J. H. Davis and others, around him — yet among such competitors he was not excelled j and after the short space of four years' practice, he filled, in succession, the offices of Presiding Judge of the General Court, Circuit Judge, fourth Judge of the Court of Appeals, and Chief Justice of Kentucky, before he was o2 years of age.

As early as 1799, in a reply to a letter from his father, who wished to know something of his political creed, he says : "Suffice it to say, on this head, I am a warm friend to the Union, and have a sufficient confidence in the constituted authorities, that when they determine it necessary and expedient to adopt any particular measure, so far as my efforts in society can go I will endeavor to support them, and shall always be willing to rally to the standard of my country. I do approve most of the measures of the administration — still I cannot consent to be a blind adherent to them all. Yet, I shall always be an enemy to any other than a constitutional appeal, in any case. I have been one of the most active friends of government since the rupture with France. I was active because I thought the situation of my country rendered it my duty to be so, and I have the satisfaction of believing that my efforts were not lost. The political fervor has entirely subsided among us. I have entirely withdrawn myself from politics, and am directing my whole attention to the law, in which I have succeeded beyond my most sanguine- expectations, and I find myself handsomely requited thereby. I have the reputation, at least, of being at the head of the bar, in the district in which I practice, and I know that the profits of my practice are greater than those of any other. I am relieving myself fast from a variety of embarrassments, in which dissipation had involved me, and am so far satisfied with my own conduct, that I am under no apprehension that you will ever again hear, that I am 'a young man of fine talents, but extremely dissipated.' On account of my health, I shall decline the practice of law, provided I can obtain an appointment in the judiciary, of which I have no doubt, upon the first vacancy.

The salary is too low, beins; only £180, and nothing but indisposition could induce me to accept it." In this letter, after stating the amendments which had been made to the Constitution of Kentucky, he says: "I am not astonished that the convention has made the constitution worse instead of better ; for what more could be expected of a set of men, the most of whom were ignorant of the principles of human nature, ignorant of the principles of civil society, and still more so of the science of government ? It is impossible that such men can entertain just conceptions of the principles of government ; neither can they devise the most eligible mode of concentrating power, for the benefit of society. As well might we expect the uneducated to develop and elucidate the most abstract principles in the science of philosophy, physic or jurisprudence, as that they could compile a constitution, originating, distributing and restraining, in the most judicious manner, the power necessary to the purposes of civil government and the complete organization of a populous community. It was attempted, in the convention, to subvert the present judiciary system, by abolishing district courts and courts of quarter sessions, and establishing, in lieu of them, circuit courts ; and in the first attempt, there was a decided majority in favor of it. This, evidently, would have been flagrantly improper, for no regulation in civil society ought to be more particularly adapted to the political state of that society, than the judiciary system — and at no period ought the political state of a society to be more maturely considered than when the rules of society are forming such a system.

That the present system is best adapted to the situation of our country, there is, in my opinion, no doubt. But suppose it is admitted, on all hands, that the circuit system was the best — the convention, in my opinion, had nothing to do with that or any other. The only power they ought to have exercised was, to declare that the judiciary should be forever separate, distinct, and independent of the legislative and executive departments ; in what manner the judges should be elected, how long and upon what conditions they should hold their office, how removed and how vacancies should be filled ; but the division of that power ought to be intrusted to the Legislature, which is the proper body to define its ramifications. That is certainly the best judicial system from which justice can be most completely dispensed at the least expense ; but how a system is to be made to attain that end the combined experience of mankind has not determined. While society is in a state of progression, and has not attained its utmost perfection, it would be unwise to adopt too permanent a system, by incorporating it in our constitution, and thereby precluding ourselves from the advantages of future experience ; for suppose the system the convention might adopt should prove very defective, to what a situation would we then be reduced ? To the necessity of choosing one of two evils : either that of submitting to the inconveniences growing out of such a judiciary system, or the calling of a convention. This circumstance ought to have been sufficient to have convinced all thinking men that the convention had nothing to do with it, but that, (as I have before observed,) the organization of this branch of power ought to be intrusted to the Legislature, that it might be improved whenever experience and observation should point out the necessity, and might undergo diff'erent modifications, without producing any sensible inconvenience; whereas, if the convention had undertaken to modify this branch of power, no amendment could have been made, except through the medium of another convention. This would introduce too frequent changes in the constitution, for however the idea of the immutability of compacts, by which communities agree to support any system of government, may be exploded, and ju.stly too, it is my opinion that too frequent changes in the constitution of a state is among the greatest of evils, for it "unhinges government, relaxes the springs, begets incertitude in its operations, and creates a political chaos in society."

A very short time after the date of this letter, his anticipations were realized by receiving the appointment of Judge.

Having already alluded to his rapid promotion in the judicial department of government, it cannot be doubted that this promotion was the result of the able and satisfactory manner in which he had discharged the duties in that department of the government.

In 1802 he received a commission of major, frouiGov. Garrard, to command a battallion of Kentucky militia, and the next year, 1803, he was appointed judge of the circuit in which he resided. The same year he made a visit to his native land and to his flxther's domicil. Here he formed that most interesting connection, which frequently determines a man's character and prospects in future life. The choice of his affections, the endeared companion of his future days, the mother of his children, and at the time of his death his disconsolate widow, was Miss Elvira Lane, from a respectable family in the vicinity of his father's residence, and who returned with him the same season to Kentucky.

His official duties were discharged with ability, and met the general approbation of the people. So strong a hold upon the confidence of the people had he taken, that in 180G he was promoted to the station of fourth Judge of the Court of Appeals, and in two years after, to the responsible and dignified station of Chief Justice of the State. The Eev. J. M. Peck, speaking of him, says: "I have conversed with many persons who knew him in all these judicial stations, and have not found one to complain of remissness in duty. All concur in giving him an uncommon character for the correctness of his judicial decisions, consistency of his course, and unwearied industry. Evidently he possessed, in a high degree, the confidence of the people. Hundreds of people who knew him as a judge, have visited him for legal advice, since his residence in Illinois, which was gratuitously bestowed. They had great confidence in the extent of his legal knowledge, honesty of purpose, and correctness of judgment.''

In 1804, whilst he was a judge, he was chosen as one of the electors for President and Vice-President of the United States. TJie following is an extract from one of his speeches during that canvass :

Fellow- Citizens :

Believing that, It is expected that I shall say something to you on the subject of the approaching election, for electors, I beg leave to solicit your attention. You will soon be called upon to exercise your right of suffrage by designating the persons upon whom you wish to confide this all-important right of representing you upon one of the most important occasions that can arise under our government. The propriety and necessity of exercising the right of voting, must be obvious to every reflecting mind. By negligence and inattention to its exercise, the people lose the proper sense of its advantages and inestimable importance ; and although the occasional neglect of it, abstractly considered, might produce no dangerous consequences, it begets a habit of inattention, which perfectly destroys that vigilance and strict inquiry so essential in every republican government, and may, in process of time, produce that degree of supineness from which it will be impossible to arouse you but by the dreadful storm that destroys you. These suggestions arc by no means fanciful or visionary. The faithful page of history affords too many melancholy evidences of the truth of them. You now feel yourselves secure from danger ; so probably did all the republics that have hitherto existed. At some period of their government they felt as secure as you now do ; yet those governments, if history is to be credited, sooner or later eventuated in despotism, and from the want of proper attention to the representative principle and a frequent recurrence to its first or fundamental principles.

It is true there is no analogy between our government and the ancient republics. They lacked the representative, as applied to all its branches ; but it will be the same thing if we, possessing the principle of representation in so eminent a degree in our constitutions, do not preserve it in its full vigor, which can only be done by the most zealous regard and undeviating attention to our right of voting. Our glorious revolution, which, ujider a beneficent providence, ended in the establishment of the rights of men, and made us a free and happy people, has recognized the people as the source of all power. To the people is assigned the right of raising and putting down our rulers, not with the violence of an infuriated mob, but with the mild and equitable decision of an enlightened judgment. Ours is, I believe, the first fair and full trial of the representative system, and it has so far, at least, triumphed over prejudice and opposition. On this foundation our government rests, and while it is preserved in its full and constitutional vigor, in vain may the tempests of a corrupt world beat against it. It is a rock against which the most violent billows, rushing with the utmost imijetuosity, may dash In vain, and must fall impotent at its base. Its strength and durability will only be the more conspicious by the troubled and unstable state of all that surronnd it. These are considerations which I submit to you, my fellow citizens, to show you the propriety of every man's voting when the constitution and laws of our country require it. They are so far made on general principles, but our peculiar local situation may furnish reasons that ought to be no less operative with you.

After dwelling at length, on tlie measures more immediately relating to the interests of the people of the West, he proceeded as follows :

Should I meet with your approbation, and that of my fellow citizens of the district, I pledge myself to you that I shall vote for Mr. Jefferson as President, and Mr. Clinton as Vice-President. The experience of almost four years has evidently demon strated how much Mr. Jefferson is worthy of the confidence the people have reposed in him. Not a single friend has deserted his cause, while many of his former enemies have honorably acknowledged their mistake, and have been the most zealous supporters of his administration. In vain have his enemies scrutinized all his public measures, with a hope of finding some dangerous omission. In vain have they attempted to throw odium on his private life, finding his public character unexceptionable. All their efforts to wound his fair fame with the most malignant shafts of calumny, have ended in showing how much he is beloved by his grateful countrymen. His intelligence, virtue and patriotism have irradiated and purified the public councils, dispelled the mist of delusion, and restored liberty to her full vigor and pristine benio-nity. In vain then may his enemies employ every method in their power to destroy the confidence of the people in his administration. *a

He succeeded in this election, and had the honor of casting the vote of his district for Mr. Jefferson.

In 1806 lie was a candidate for Congress, against the celebrated Matthew Lyon, but, on being promoted to the Court of Appeals, he declined before the election.

That the reader may understand and properly appreciate the character of the man who was selected by Mr. Madison to be the Governor of Illinois, I give extracts from a speech in this contest with Matthew Lyon :

Let us, by all means and at all times, endeavor to preserve, in the utmost purity, the advantages which we enjoy over other republics, and to transmit liberty unimpaired, as the best legacy to a grateful posterity, in the same manner, if not more perfect, than we have received it from our glorious ancestors. That we may enjoy the advantages and security I have mentioned as being peculiar to our form of government, will be fruitless, unless we use the means of preserving them. This advantage evidently consists in the perfection of the principle of free representation. It is from the people, then, that representation immediately flows by the mode of election. While, then, the people are in the habit of cultivating public virtue, of preserving the purity of elections, we need not fear corruption in the government. The power and virtue of the people can only be exercised in elections, as far as relates to government. Elections, therefore, must be considered as the test of public virtue ; it is the vital principle of free government ; it is the corner-stone of the mighty fabric we have reared. If, then, the public sentiment should not be correctly exercised — if the respective merits and demerits of the candidates who solicit your favor are not duly considered, without regard to anything but the public good — if elections become corrupted — the source is polluted ; the diiferent branches of government must partake of that pollution; the whole will become contaminated and liberty will be jeopardized.

That you should only be guided by the merits of the candidates who solicit your favor must be obvious to every thinking and dispassionate mind. It will be the duty of your representative to protect you in the enjoyment of private property and personal security, liberty and public tranquillity. Who does not consider these as momentous questions ? Is there a man among you who, if he were going to law for the paltry sum of one hundred dollars, would not select an attorney to manage his business whom he considered the most capable of serving him, provided he could confide in his integrity ? And if this is the case where only a little property is involved, how much more should it be the case where your absolute and relative rights as citizens, and your liberty — Heaven's best gifts — are concerned ? It is not the question whether you like this or that man better; but it is upon whom it is your interest to confide your trust. The people in every district, in making their selection of a person to serve them, should be as cautious as if he was the only man upon whom their interest and welfare depended; for it surely can not be considered safe to be inattentive in this respect, upon a supposition that if your representative is not calculated to advance and secure your interest and protect your rights against all invasion, from what quarter soever they may proceed, that still there may be some one from some other quarter who can and will do it. If this disposition should be manifested by you, the same principles that have operated on you may operate on a majority of the different districts througliout the United States, and tiiis inattention might become universal. Should this be the case, this problematical character may not then be found, but some one might probably be foiind of ingenuity, strategem and address sufficient to successfully assail your best and dearest rights. At all events it is best to be on the safest side.

Again, he said:

That the success of our government depends upon the purity of election, is self-evident. Our greatest patriots, our best and wisest men, have proved incontestably that such is their belief. * * * If, therefore, you do not discountenance those who are disposed to practice this corruption (treating at elections) — if you do not withhold from such men your confidence, and teach them that it is their interest to act otherwise in order to gain your approbation — instead of inspiring the minds of your fellow-citizens with a laudable and patriotic ambition to serve their country and excel in virtue, you cherish their vices by rewarding them ; you establish a school of vice and depravity in our country tending to contaminate not only the present but succeeding generations ; you foster in your bosoms the deadly adder which sooner or later will sting you to death. The deadly poison will insinuate itself in the heart of society, and from thence diffuse itself throughout all parts of it. Let it be conceded that you are willing to see the practice of "treating" for an election once introduced among us, and what will be the consequence? The precedent, once established, will become less and less objectionable by becoming more familiar to you ; it will finally become fashionable, and ultimately necessary to success. I ask you, then, where is your boasted equality '? Where ia the fair and open field in which talents and merit may successfully exert themselves and receive their just reward? It will vanish forever, or only remain like a dream upon the mind.