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riously impaired his health; but he could not be prevailed upon to abandon the field until the day of election. It is known that the state, which had been confidently relied upon for Harrison and Tyler, gave Van Buren and Johnson a handsome majority, and maintained its Democratic ascendency in the state government.

When the Legislature met in December of that year, Mr. Douglas was appointed by the governor, and confirmed by the Senate, Secretary of State, and immediately entered on the duties of the office.

In February, 1841, he was elected by a joint vote of the two houses of the Legislature a judge of the Supreme Court, without desiring the office or having been a candidate for it. He accepted it with great reluctance. He was not yet twentyeight years of age; was holding an office, the emoluments of which were equal to that of the judgeship, and whose duties did not materially interfere with his professional practice, besides giving him the custody and use of the State Library. He submitted, however, to the pecuniary sacrifice, and entered upon the discharge of his judicial duties, taking leave, as he then supposed forever, of political life. His judicial duties were very arduous, confining him to the court-room at least ten months out of twelve, and of course occupying his entire time in the trial of causes, the examination of authorities, and the preparation of opinions. The reports of the Supreme Court of Illinois will attest with what fidelity and ability he discharged these arduous and responsible duties.

In the spring and summer of 1843, his constitution became so much impaired by his excessive labors, that he became apprehensive that he would be compelled to abandon the idea of a judicial life, to which he had become much attached, and engage in some more active employment that would give him exercise in the open air. His physicians advised him to this course, and about the same time his friends tendered him a nomination for Congress, and actually nominated him in several county meetings. But he promptly declined the nomination, and determined on a trip into the Indian country for the benefit of his health. Just as the time for his departure was about to arrive, and while he was absent at his court, the district convention assembled, and nominated him as the Demo

cratic candidate for Congress, in opposition to his known wishes, and appointed a committee to wait upon him and insist upon his acceptance. The reasons assigned for this step were such as he did not feel at liberty to disregard. They were, that, in consequence of the political complexion of the district, he was the only Democrat in it who could be elected, and that his refusal would be equivalent to the voluntary surrender of the district into the hands of the Whigs. But, as the result of the contest was deemed exceedingly doubtful, he was urged not to resign his seat on the bench, so that he might have that to fall back upon in case of defeat. He peremptorily refused to hold that seat, and, at the same time, canvass before the people for a political office. Unwilling to let the election go by default, and to disoblige those friends who had sustained him on so many occasions, he resigned his judicial station, to which he had been elected for life, and took the doubtful chances of an election to Congress. The opposing candidate, Mr. Browning, was one of the most eminent lawyers and eloquent speakers in the state. The canvass was conducted with great courtesy, but with unusual spirit and energy. The two candidates traveled together, and addressed the people each day for forty successive days (Sundays excepted, of course); and on election day, both found themselves prostrate with the bilious fever, from which neither recovered for several months.

Mr. Douglas was elected by something over four hundred majority, and took his seat in December of the same year. He was re-elected from the same district the next year (the law having been changed so as to elect one year in advance) by a majority of about nineteen hundred votes; and in August, 1846, he was again elected, when absent from the state, by about two thousand nine hundred majority. He never took his seat, however, under the last election, having in the mean. time been elected, as we have stated, to the Senate of the United States, for six years from the 4th of March, 1847. He was married in April, 1847, to Martha Denney Martin, only daughter of Col. Robert Martin, of Rockingham county, North Carolina.

Before proceeding to the exposition of his career in the national councils, it may not be improper to notice his connection with two or three cases arising in the course of his professional and judicial services.

In 1838-9, the question arose in the courts of Illinois as to the right of a state to confer the elective franchise upon alien inhabitants, who had not been naturalized in conformity with the laws of the United States. The question was a novel one, being the first case of the kind ever brought before the judiciary of this country.

A person of this class had been permitted to vote for Mr. Douglas for Congress in 1838, with the knowledge, on the part of the judges of election, that he was an unnaturalized alien; and the judges were indicted and convicted in the Circuit Court for malfeasance in office. Mr. Douglas, who was an utter stranger to the judges and the voter, took the case to the Supreme Court, for the purpose of making the point and testing the question. It is understood that the preconceived opinions of the bar and the bench generally were against the right of the voter. The case was argued elaborately on both sides, as appears in the report. Mr. Douglas maintained that although Congress possessed the exclusive right to prescribe uniform rules of naturalization, yet that naturalization had no necessary connection with the elective franchise, neither conferring nor withholding it; that the Constitution of the United States left the regulation of it entirely under the control of the respective states, each for itself; that each state had the right to prescribe such qualifications of voters as it pleased for the most numerous branch of its Legislature, and that the Constitution of the United States adopted the qualifications thus prescribed by the state as the qualifications of voters for members of Congress in such state. The Supreme Court of Illinois decided the question in favor of the right of the voter, as contended for by Mr. Douglas. It will be perceived, that if this doctrine is correct, as to which we express no opinion, Native Americanism in the halls of Congress could no longer have an existence. In connection with that political sect, we have again referred to Mr. Douglas's opinions on this subject, as expressed in the House.

Another national question upon which it became his duty to express his opinion from the bench, was the memorable Bankrupt Law of 1841. He held that that law was not warranted by the Constitution of the United States; that it was an insolvent law instead of a bankrupt law within the meaning of that instrument. We have cited these cases from among many

with which he was connected, professionally or judicially, because his opinions seemed to us to be peculiar.

There is, however, one other case, of a character so extraordinary, that we are sure our readers will justify us for the space we devote to a record of the facts. It is known as the case of the people against Berry and others, and was one of the first prosecutions conducted by Mr. Douglas after his election as state's attorney.

In a remote corner of the county in which he resided, at a place called Puncheon Camp Grove, there lived two families, one by the name of Berry, and the other (we think) by the name of Lucas. The Berry family consisted of an old man and his wife, with about half a dozen sons and sons-in-law, all farmers, members of the Church, and considered very respectable people. There was a religious revival going on in the neighborhood, and a protracted religious meeting had for some time been assembled. All the Berry family attended it except the old lady, who, being sick, was left at home under the care of Lucas and his wife, an aged couple.

When the family returned at night from the meeting, the old woman, Mrs. Berry, invited them to come round the bed in which she was lying, to pray. They did so, at the same time requiring the old man, Lucas, to kneel down and join them in prayer, holding up to him, as the consequence of his refusal, the everlasting perdition of his soul. Declining to comply with their demands, they all seized him and forced him to his knees, telling him that they would crucify him. They immediately tied a rope to the rafters of the log house, and told him that, after they had crucified him, his soul must ascend that rope to heaven. The whole family-the father, mother, sons and daughters, and sons and daughters-in-law-participated in the ceremonies. While some held the old man down, others cut his head, arms, and legs, and stabbed him in the body with knives. The sick old woman, Mrs. Berry, who seemed to take command in the operations, got out of bed, filled her mouth with whisky (others following her example), spit into the fire, and, as the blue flame would ascend, told Lucas to see the fires of hell and damnation burning to receive him. This process of torture continued until he became exhausted from his wounds and the loss of blood, when he was supposed to be dead.

the mean time, his wife had made her escape, and spread the alarm through the neighborhood. When, a little before daylight in the morning, the neighbors assembled round the house, they found the family singing psalms over the old man's body, which they had laid out as though it were dead. They soon discovered, however, that life was not quite extinct. Medical aid was sent for; the proper remedies were applied; and Lucas, although his body and limbs were horribly hacked and mutilated, was eventually restored.

As death did not ensue, the only crime for which the parties could be indicted was that of assault with intent to commit murder. The affair having produced a deep sensation throughout that section of country, the trial naturally excited the most intense interest, and a vast concourse of people assembled to hear it. The whole family, males and females, were put upon their trial in one indictment, and they secured the services of the ablest lawyers in the state.

During the trial, some controversy, and perhaps ill blood, arose between Mr. Douglas and the leading counsel for the defense. The latter, a distinguished lawyer, in opening his argument to the jury, referred to the fact that he had been sent for from a distant part of the state to attend this trial, and warned them against allowing any prejudice to exist in their minds against him on that account. In illustration of his meaning, he referred to a case which had come under his observation in Kentucky. A man had been indicted for a crime of which he was innocent; but, to render his defense sure and his innocence manifest, he had sent to a distant part of the state for Henry Clay and John Rowan-men whose name and renown were great in the land-to defend him; but, although the prosecution failed to make out the case, the jury found the prisoner guilty, on the ground that, if he had been innocent, he would never have gone to the trouble and expense of sending so great a distance for such distinguished counsel. He added, that he hoped the jury would not convict his client from any such consideration.

The main point in the defense of the Berry family was insanity—a monomania on the subject of religion. After exhausting all the authorities to be found in the books, the counsel for the defense proceeded to cite several cases, not reported,

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