Fayette County, Illinois - Chapter 10: Bench and Bab. Recollections of the Early Bar by Col. Fbrri8 Foreman, 1878

O state in the Union can boast of greater legal talents than Illinois. In the past her sons have occupied the foremost rank in a profes¬ sion the most noble engaging the attention of man. And in the present she is assuredly not behind the standard as established by such men as Douglass and Lincoln. The following interesting memoir of Col. Foreman will prove entertaining and instructive.

In the spring of 1836,1 arrived at Vandalia and found Alexander P. Field, Levi Davis and W. L. D. Ewing practicing law at that place. Col. Field was then and some years thereafter secretary of state, and Davis was auditor of state. Davis and Foreman became associated as partners in the practice of the law until the year 1838, when the seat of government was removed to Springfield, at which time Davis and Field both left with the seat of govern¬ ment, though both of them kept up their practice in Fayette County for some yean thereafter. Ewing was more of a politician than lawyer. Foreman continued in the practice until the war with Mexico, in which having served twelve months he remained in Vandalia up to the spring of 1849, when ne went to California, where he remained some sixteen years. As early as 1836 prac¬ ticing lawyers were in the habit of traveling upon the circuit, many of the Counties in those days having no resident lawyers. Field was a successful advocate. His oratorical powers were of no common order. His reputation as an advocate and criminal lawyer was known and appreciated beyond the limits of his own state.

legislation. Cot. Field w.l*< bent for, aud after a long and serious litigation he was successful in acquiinug the assailant in the fight. The accused, James Vinezard and his attorney, have both gone to render their account and to re¬ ceive the judgment of u higher than an earthly tribunal. Field, after prac¬ ticing some time iu St 1- >uis, Mo., removed to New Orleans, La., where he died within the last two w arn while attoruey-gemral.

Genl. Ewing, after the removal of the seat of government from Vandalia, was e'ected to the legislature and speaker of the house of representatives in the year 18 - , was afterwards, in the year 18 - , elected auditor of public accounts, and while holding safd office expired at Springfield, the 18 -

Levi Davis, soon after his term of office expired, removed to Alton, Ill., at which place he has since remained, enjoying a lucrative practice up to the present time. Davis is a native of Maryland, and is remotely related to David Davis, present U. S. senator.

Genl. Shields, from the year 1836 to the close of the Mexican war and even later, was a regular attendant upon the Fayette County Circuit Court His military as well as political history is too well known to the country at large to neea a recapitulation here. He is still enjoying a green old sgeDn his farm in Missouri, with the plaudits of his adopted countrymen.

The history of the bar would be incomplete were the name of James W« Berry omitted. Mr. Berry occupied the post of clerk of the circuit court for full a quarter of a century, with honor to himself and to the benefit of the public. Col Berry occupied a position as ex-secretary, that but few are able fully to fill. His hospitality, kindness and genial disposition rendered him a favorite with all classes of community. The poorest man received his kind¬ ness and attention equally with the wealthy. As a humorist he had few equals, and was the life of any company in which he might find himself. Honor¬ able and chivalrous to a fault, his word was never doubted.

Usher F. Linder, Attorney-General, elected 1836. Before the removal of the seat of government from Vandalia, Mr. Linder was frequently in atten¬ dance upftn the circuit court - then presided over by Sydney Breese, now and ior years a judge of the Supreme Court of Illinois.

As an orator, Linder was surpassed by few, in our state. Besides as a legis¬ lator his record is of a respectable character. He was a member of the legislature when the first internal improvement bill was passed, and was one of its warmest supporters, claiming credit therefor as many others did, until it broke down of its own weight.

During the session of the legislature in those days, the lobby, or as it was then called the third house, held its sessions almost every evening, presided over by an old lawyer named James Whitney, better known as My Lord Coke.

The proceedings of the third house were at times characterized by mirth and humor; at others, questions of the most grave character, such as never occupied the attention of the legislature then in session.

In fact the writer of this gives it as his decided opinion, that the debates in the third house (which were open to all), and its influence caused the passage of the Internal Improvement Bill which involved the state in millions and for years hung like an incumbrance upon the body politic. After the state had expended millions upon the system without having a mile of railroad in successful operation, and taxes began to tell fearfully, the Fathers of the sys¬ tem as is usual in cases when the plans prove abortive, were making excuses for their actions, or in the language " went to crawfishing," alleging that they were in favor of a particular railroad, but that they were compelled to sup¬ port the system as a whole or lose their own particular measure.

When the system had become unpopular, one evening the question was re¬ vived in tbe third bouse, and Linder being called upon to speak said that he did vote for the whole system reluctantly, but was compelled so to do to secure bis own railroad. Governor Kinney, than whom no state ever pro¬ duced an abler natural man, arose and said Mr. Speaker, the remarks of the gentleman remind me of an incident that occurred on my farm.

Mr. S. I am a farmer living in 8t. Clair Co. A few years back the far¬ mers in my neighborhood concluded to try their hand at raising mules; mules at that time bringing a high price. Having a pride of feeling as a farmer, I determined that I would try and raise a better mule than my neighbors. Having a large fine blooded mare, after debating with myself for a long time whether I would degrade the old mare by putting her to the long-eared brute, my pride of feeling as a firmer overcame my scruples and I put the old mare to the jack.

In due course of time the old mare dropped the colt, but when the old beast turned and saw its ears, she threw up her head and tail, snorted and ran from it across a ten acre field. Maternal instinct prompted the mare to return to the colt, but when she again saw its ears she again snorted and ran from it, and if you believe me, Mr. Speaker, the old beast would never thereafter own her own offspring.

In the session of the Legislature of 1836, the Judges, there being but four members of the Supreme Court, complained to the Legislature that the busi¬ ness of the Court occupied but a small portion of their time.

The third House or Lobby sympathizing with the Judges took up the question, and referred it to a select Committee. A young lawyer, named G. W. Olney, made an elaborate report. The State at that time was largely infested with wolves for the destruction of which the State was paying a bounty, and in addition thereto, the Counties were paying fees to the County Clerks for taking proper proofs under the law. To relieve the State and counties of part of the expenses, the Committee recommended that the State should be aivided into four districts equal to the number of Judges; that each Judge should receive the carcasses in his district, and preserve them until the end of each month, at which time the Judges were to meet at the residence of the Chief Justice, when and where they should proceed to count and skin the carcasses, the Justices holding the legs, the Chief Justice to do the skinning. This was to be done by the Judges without any fee or reward, thus relieving the State and counties of a portion of the taxation imposed by the Wolf-Scalp-Law.

Orlando B. Ficklin, of Coles County, was frequently an attendant upon the Fayette Circuit Court as also the Supreme Court before the removal of the seat of Government from Vandalia.

and returned to the practice of his profession, in which he at the present time occupies a conspicuous position* Mr. F. was born in Kentucky, re¬ moved early to Charleston, Coles county, Illinois, where he has always held a conspicuous position as a lawyer.

Perhaps here it may not be inappropriate to introduce an incident that occurred in my presence. During the session of the Supreme Court in 1836 then held in the room now occupied by the Clerk of the Circuit Cjurt, the writer hereof was seated at a table, with Pirths' Digest lying before him. This was in the morning before the meeting of the Court. Ficklin entered the room, cast his eyes upon the Digest, inquired of its ownership and re¬ quested to borrow it. Was informed that it belonged to Mr. Butterfield. (Justin Butterfield), who was sitting across the room immediately oppo¬ site. F. took the book, crossed to Butterfield accosted him, " Is this your book? I should like to borrow it." B. looking over his spectacles exam¬ ined the book, and upon reading its title, replied: u No, D-n the book, if there were a common hangman I would get an order of this Court to. have it carried out of the Court-room and be publicly burned upon the pub¬ lic square." Ficklin being at that time just fresh from Kentucky, reverenced everything bearing the name of Kentucky, whilst B. being a New Yorker, reverenced everything from New York, and hated everything from Ken¬ tucky.

The profession is ably represented in the county at the present time by such men as Hon. B. W. Henry, who was a member of the Constitutional Convention of 1870; Judge J. P. Van Dorsten, Ex. U. S. District Attorney; Judge JacobFouke, now serving his second term as County Judge; Hon. E. M. Ashcraft, Ex.State Attorney; Robt. A. Campbell, Judge J. W. Ross,