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millions; besides other considerable items. The banks had failed their paper was depreciated-the people were largely indebted to them-the public works had stopped-the taxes were high, and the hopes and energies of the people wellnigh crushed. Mr. M'Clernand attributed the misfortunes under which his state was suffering to the evils of the banking system. Speaking of the undue extension of that system in 1842-3, he said:

"The vessel of credit weighed anchor, spread her canvas to the gale, and announced her destination to be the fabled El Dorado. For a time she skimmed the waters as 'a thing of life;' but anon the storm came; the waters were disturbed, and the frail bark was dashed upon the rocks, and the multitude who thronged her decks were cast upon the rough seas, to become the prey of the sharks that followed in her wake! Such was the experience, such the rise and fall of the banking system. During its short career, individuals, communities, and states were precipitated into bankruptcy, Illinois among the number. The part she played in the thickening drama was to set on foot a system of improvements amounting to eleven hundred miles of railway! an enterprise in which all seemed to agree at the time, but which all now agree to condemn."

As chairman of the Committee of Finance, he brought for ward a series of measures, which had been recommended by Governor Ford, and enforced by the then financial officer of the state, the gallant Brigadier-general Shields: one, to dissolve the connection between the state and the banks, and to ex change the stock of the state in the banks for an equal amount of the liabilities of the state three millions seventy thousand dollars; and another, to sell the lands and other property bought and held by the state in connection with the projected improve ments. A third measure was the proposition for an arrange ment with the holders of the bonds issued for the Illinois and Michigan Canal, brought forward by Michael Ryan, chairman of the Canal Committee, to redeem the canal debt and secure the completion of the work by putting it in the hands of trust ees, subject to the appropriation of its profits by the creditors for the canal until they should be reimbursed.

Mr. M'Clernand supported all these measures by his vote, and was active in securing their adoption. In another portion

of a speech already quoted, on the divorce of bank and state, he said:

"I desire to see the bill before the House speedily passed. It will open a new era to Illinois-the era of democracy, hard money, and no banks! It will restore our former habits of industry and economy, and the attendant consequences of prosperity and contentment. I desire that Illinois may claim to be the first state to rid herself of all banks, that her example may be followed by her sister states, not only in this regard, but also in the total disuse of bank issues in the collection and disbursement of the public revenues."

Speaking of the probability of the success of the several measures he had brought forward, and calling upon the House to come to his support, he said:

"This, sir, would be a great consummation; one which would be worthy of the best efforts of the patriot and statesman; one which would bring joy to the hearts, and hope to the firesides of an oppressed and impoverished people. For it I have struggled through evil and good report, with friends and against opponents, in, and more especially out of, this House, and for it will continue to struggle, whatever may be the consequences. If I fail here, I will appeal to Cæsar-I mean the people, who are greater than Cæsar-whose judgment I know will be in my favor."

It was the good fortune of Mr. M'Clernand to see all these measures adopted.

In 1843, while he was still a member of the Legislature, he was elected a representative in the twenty-eighth Congress. His opponent was Zadok Casey, a gentleman well known to us, who had for many previous years been a representative in Congress from Illinois. Mr. M'Clernand was supported as the regular Democratic candidate, and was elected. The contest between him and his opponent was a very active one between themselves, and very exciting throughout the district.

Before taking his seat in Congress, he married Sarah, the daughter of Colonel Dunlap, of Jacksonville, Illinois, one of the most respectable and influential families in the state.

As a member of the national House of Representatives, he soon won the confidence of his political friends. His first speech, which was upon the bill to remit the fine imposed upon Gen

cral Jackson by Judge Hall, evinced the warm affection which he had cherished from his youth for that illustrious man. The following extract embodies his statement of the case:

"A word or two, sir, with regard to the particular offense alleged against General Jackson, and I have done. Not to speak of the disparity which existed between the British and American forces, the inferiority of the latter in point of discipline, numbers, and arms, and the imminent danger to which the city of New Orleans, and the entire trade of the West, upon the Mississippi and through the Gulf, was exposed, General Jackson was threatened with internal enemiesay, with treason in his camp. A number of the French population of the country had entered service under the general, and, from various causes, had become impatient of the service. With this feeling, it became a common practice to apply to the French consul, Toussard, for certificates to exempt them from military duty. This practice was continued, much to the detriment of the service. General Jackson, therefore, on the 28th of February-martial law being in force, and the city of New Orleans his camp-issued an order to all persons holding these certificates, countersigned by the commanding general, to retire from the city into the interior of the country. Louallier, a Frenchman, in a spirit of disaffection and insubordination, immediately upon the issuing of this order published an article in the Louisiana Gazette,' denouncing the order as tyrannical and unjust, and calling upon the French population to flock to the standard of the French consul for protection. The effect of such conduct was to increase disaffection and to encourage treason in his camp. He therefore caused Louallier to be arrested. Application was made to Judge Hall, upon affidavit, for a writ of habeas corpus in behalf of Louallier, which was issued and directed to the general, who refused, upon demand made, to deliver the body of Louallier. These are the main facts of the case, so far as it relates to the failure of the general to comply with the writ of habeas corpus, which is the point most relied on by those who object to this bill. The question presented is simply this: was the general, under those circumstances, bound to obey the writ? Surely not; and for this reason: New Orleans was his camp, and he had declared martial law from the necessity of the case; martial law was the paramount law for the time. The civil authority, as far as it came in conflict with the reasons of necessity upon which it was declared, of course yielded."

When it was asked by those who resisted the refunding of the fine why martial law was not declared at Washington as well as at New Orleans, Mr. M'Clernand replied:

"On this point I can not give any information; but this much I can say, that I would to God there had been martial law, or any other kind of law which recognized American authority and honor, and not the law of British bayonets and conquest. Yes, sir; General Jackson was not here, nor was martial law here; but Admiral Cockburn and General Ross were here, and British rule and rapine were here.

"Murder bared his arm, and rampant war
Yoked the red dragons of his iron car.'

The President and cabinet were put to flight; the government was broken up; the Capitol was wrapped in flames; our colors--the proud ensign of the Republic-were rudely snatched from their height, and trampled in the dust; the monument erected to the memory of the naval heroes who fell at Tripoli was defaced and desecrated; this city was sacked and plundered. Yes! the American eagle

was made the plaything and sport of the British lion. All this was here; and to this gentlemen would point as an argument against General Jackson's martial law-against the suppression of treason, and the recovery of the American name by the brilliant victory of New Orleans."

Again he said, portraying the character of General Jackson: "He is the incarnation of the popular principle of the age. He speaks the voice of a great people; and past events prove that his country is resolved that his fame shall go down to posterity untarnished. The fact that this act of reparation has been so long neglected, serves only to strengthen the reason for attending to it now. Debts of gratitude are not bound by the statute of limitations.'

During the same session, 1843-4, he delivered a speech in favor of the repeal of the second section of the Apportionment Law, requiring the states to elect representatives to Congress by single districts. [See title, HOWELL COBB.] The grounds of his argument were substantially these:

"The Constitution declares that the times, places, and manner of holding elections for senators and representatives shall be prescribed to each state by the Legislature thereof, but the Congress may at any time, by law, make or alter such regulations, except as to the places of choosing senators."

Congress omitted "to make or alter such regulations" themselves by their own direct act, but, instead, called upon such of the states, by law, as elected representatives by general ticket, to cease to do so, and thereafter to elect them by districts. Mr. M'Clernand held that this exertion of power was liable to several serious objections, because it affirmed a subordination of the states to Federal authority otherwise than as expressed in the Constitution; because, by a sort of numeral process, it converted one power into two-the power of Congress to do a particular act, into a compound power to require the states to do the same act; and because the law, under the circumstances, would have thrown upon several states the expense and trouble of holding extra sessions of their Legislatures to comply with the mandate of Congress.

During the same session, he delivered an elaborate speech on the Rhode Island controversy, which was very extensively published.

During the second session of the same Congress, he brought forward, as a member of the Committee on Public Lands, a comprehensive and interesting report, accompanied by a bill for a grant of land to aid in the completion of the Illinois and Michigan Canal.

In 1845, in the course of public discussion in regard to the election of governor, which was to take place during the next year, the name of Mr. M'Clernand was mentioned as a nominee for that office. It is understood that his friends would have put him in nomination if he had consented. In answer to a letter upon the subject, he said:

“SHAWNEETOWN, July 11, 1845.

"DEAR SIR,—I am deeply sensible of the obligations imposed upon me by the partiality manifested by you, and other political friends in my behalf, for the office of governor. I assure you, sir, it will ever be my pride, as it will be my duty, to cherish a distinction so honorable and flattering to my ambition, as one of the most grateful recollections of my life. But, in making this acknowledgment, it is proper to state, in answer to your inquiry respecting my views and wishes on the subject,' that I have no disposition whatever to aspire to or occupy the station in question. Indeed, I would avoid rather than covet its honors and weighty responsibilities, especially as it is hardly possible a contingency can occur that would demand of me, as a patriotic duty, the sacrifice of my personal inclinations in the matter for the public good. Whatever pretensions, therefore, may be supposed to possess in relation to the office, I cheerfully resign in favor of those who are willing to accept it, and are better able to serve the state to advantage than myself, and doubtless there are many of this class."

I

In 1844, in consequence of a change of the usual time, by an act of the Legislature, another election for representatives in Congress came on. Mr. M'Clernand was re-elected without opposition..

He voted for the annexation of Texas, and for the modifica tion of the tariff. He voted, also, for the notice to terminate the convention with Great Britain for the joint occupation of the Oregon Territory. He was one of the number who insisted upon the maintenance of the extreme claim to fifty-four degrees forty minutes, and was earnestly bent upon its assertion. He took an active part in favor of measures to protect our emigrants on the route to Oregon, particularly in favor of the bill for a regiment of dragoons designed for that purpose. As chairman of the Committee on Public Lands, to the various

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