Searching the Records JOHN MORAN 11/ >v°--^ ).^> \W ^l)is too^ ij kerpOH^eii lay a piega, -J- .f. J^igljf ^elcorrje sljall r)e Be, Igi •|- Y® Peaa, fa siuay, rjof to lei)a, /A ■kii Muf io petupr) te rge. f#\ ^S.. ' ^f/ CORNELL UNIVERSITY LIBRARY GIFT OF Professor Paul W. Gates OUN LIt^£-^y taxation, taking these collections, and these taxes away out of the county or state to New York or Boston, or London, but not one cent tax paid by these shy- loiks to our officers. The system is truly rotten. It is not just. A government of injustice will at length fail of having wise, good and thinking citizens to respect it. It is not in the nature of things that injustice and corruption in govern- 34 ment and men, that it can long succeed in being a blessing to the people. Tricks cannot always win. You have seen what was said about the |75,000 mortgage in the court house, free from taxation, which is a case in point to verify the dis- cussion of the question. Is it to be wondered at that sharp rich mortgagees, who retain counsel by the year, evade taxa- tion, while those who are more simple, and not so rich, who are mortgagees for smaller sums, say |oOO, pay taxes on such securities, thinking the record of the mortgage is taxable — when the note alone is taxable under the laws. So, if the note is in mortgagee's pocket, but he tells the assessor it is in Egypt, his lie makes him whole under the law. The effect of this bad system, this lying is that when one pays taxes he pays eight times more than he. ought to paj^ in justice. Small properties are all assessed, while the big ones so often escape. Small properties are taxed eight limes too much. The reason is the law is first all wrong and odious, while it is law, it is not just, yet the Supreme Court has passed on this revenue act, and held it legal. Its construction makes triple taxa- tion. It is the payment of one debt, or judgment, three times. That is, the debtor pays three debts instead of one, when un- der mortgage. This has been already shown. My belief is, the case has never been properly argued before the Supreme Court, else the court could not have so decided. Certainly, there is nothing written heretofore — there has been no discus- sion in the line I have pointed out. It is by much continued thought on this question, whereby its crookedness and evils .35 are here seen and demonstrated — for my argument is true and just. It is impossible to demonstrate the reverse. After one is taxed so unjustly, if he fails to pay such when due, then the methods of proceeding to enforce payment by the officers of the law are so burdensome and unfair, with costs and penalties, that it becomes an engine of confiscation, whereby rich scalpers possess themselves of lands to the utter ruin of the poor owners. Here is an example. If I refuse to pay the taxes assessed against me, on my farm or lots, they are returned by the assessor to the county clerk as "delin- quent." If I go before the county court to resist judgment on the same to sell them for the taxes, and judgment is given against me, here I have no jury trial. Here, if I appeal, I must give bond to the people with two or more sureties to be approved by the court, in a sum to be fixed by that court, and here I must also deposit a sum of money with the collec- tor, large enough to cover the tax judgment and costs. Here also, I must appeal within the term of the court, though judg- ment may be rendered the last day, nay the last hour of that term of the court, for such thing did happen to myself in our county court a few years since. After the judge ruled against me, he refused to adjourn court to the next day, as he could do by law, and it was his duty when asked for, so I might have a little time to think on what was best for me to do — not a small thinking matter for any sane man — not a small matter for the most experienced lawyer in the state. His answer was, he must end the term. He was then the judge. Since then he has gone before a higher judge than himself. 36 I would pray to that Supreme Judge not to judge his case as mine was judged, and that we be all forgiven as we forgive. So at length I withdrew my objections in writing and appear- ance in the case, put the same on record, then filed notice on all evil doers, and scalpers, not to buy said property at sale under said judgment, as it was utterly void; that I would file a bill in chancery to set aside the same or any certificate of purchase procured under said infamous proceedings. I was as good as my word and notice. The bill was filed in the cir- cuit court to set aside that judgment and the certificate of purchase got by the buyer, and the court decided I was right, set aside the proceedings, cancelled the certificate of purchase so that in this case he who would possess himself of his neigh- bor's vineyard, as did King Ahab in the case of Naboth's vine- yard, though he did not lose his life, did lose his money, in the transaction. Again, while he must appeal in term time, he cannot ap- peal to the circuit court, nor the appellate court. He must go to the Supreme Court. In this case the plaintiff has the state's attorney or other paid ofQcers to prosecute, and I am taxed with my share of the fees for that purpose, while in this legal fight I must pay my own way, and the multitude never think, never sympathize, never offer one cent to him who makes a precedent, whereby his and his children's property cannot be tax-stolen. The reader will see here that the law is made in favor of scalpers, in favor of those who can take care of themselves — and against those who are at their mercy, in this thing of tax buyers, for not one man in a mil- 37 lion will fight the case. It is a machine without sympathy — without justice, without gratitude, without fair play to all. It is a machine to obtain its ends, regardless of equity, be- cause the machine, if legally beaten, this machine's pocket is not hurt. In all I have here written, I have worked my way, as it were, through the woods or wilderness. I am the first pioneer to attack all this infamy, and to succeed in a certifi- cate of purchase being canceled without a tender in court of the money paid by the buyer. After this case was decided, or rather decreed to me, I then resisted this lawless tax on my property, before the same county court, the succeeding year, when that court released the taxes, not wishing to an- tagonize the circuit judge in his decree, and yet there are some cases there now pending to be yet passed on by the cir- cuit judge. It is simply impossible to keep the tax authori- ties within the bounds of the laws. The best men, the ones who might do right, are not the ones who are elected to office. In elections, merit is not sought for by voters. Cer- tain factions may be personally interested in confusion, in wrong, rather than right. Some times criminals and peni- tentiary birds are elected — are voted for to rule over us and fix ordinances under which we pay taxes. One can see ex- amples of this sort mostly in all cities. Some are elected to oflflce who don't know the multiplication table. Some times church members will vote for one who does not know the Lord's prayer. Under our system of voting in cities where the adventurer harbors himself, the gambler, and the idler, and all kinds of humanity, with all kinds of morals and 38 evil and crooked ways, the money adventurer who appeals to the belly of the masses will beat the meritorious poor who appeals to the conscience and manhood of the voter, so that the drinking and paid voters get their man to the ''top of the heap." When honest merit and ability become swamped, "They sow the wind and reap the whirlwind." After this case was won the tax books of the whole county had to be revised, so as to have assessments made in accord- ance with the decree of the court. It took a number of clerks some months to do the work. I think the county clerk was paid extra for the job. I know I was not. It might be be- cause I was not good at begging at the public crib. Bushels of money are paid over by the authorities where there is no legal warrant for so doing. This is every one's business — say sixty thousand people — yet hardly "any one"s business." No doubt the tax books of the whole state need the same re- vision. Before the decree in this tax case, the city authorities levied any amount of taxes, which their notions suggested they might want to use, paying no attention to the limit put on them by the statute and constitution. This case gave them to understand they were not yet masters of the people. They were simply agents, and generally poor ones at that, who are not to buy an ass when the master wants a race horse. They are not to borrow money on notes when the laws say there must be an appropriation and levy. They are not to issue warrants, giving them to the laborer, who takes them to the bank, where they are discounted ten per cent. These were 39 the methods — this was the jumble turned out by the city au- thorities before my case was decided. I believe the note- making, the warrant-issuing, the bank discounting is more or less "played out." I believe lenders begin to think these authorities are not like the king, who can do no wrong, and whose word is law. I believe I am the one by whose action in the proper forum such economy is brought about. I be- lieve this extravagance, this jumbling these evils are more or less in all cities. I believe these authorities took upon them- selves to do as the authorities did in larger cities as St. Louis and Chicago, thinking they could make Carlinville the won- der of the state, by running her in debt one-half million dol- lars, which would have been done were it not the case in question. This case put an end to iniquitious private incor- porated companies hereabouts, who proposed to make the city big and populous, by enriching themselves in getting land and money to "set up" their plants in our midst, and then in a few years perhaps burn down or fly awaj- from here, or com- mit suicide. There is more than one case of this kind seen. You know I state the truth, and this is everlasting. I have seen towns in this country that were built up in a few years by "booming," and then in a few years became few, with deso- lation. How the first man, or number of men, took into his or their heads to demand money and property of those who owed them nothing, for settling in their midst, carrying on Ais or their private business, can only be understood by those who are born wrong, "whose heart is deceitful above all things and desperately wicked." When I look on that "seven 40 to eight" infamy, whereby Tilden lost the presidency, where there was a "raffle" to count the votes of sixty millions of people, by one man, instead of doing so by the constitution, "when I see the "salary grab" of Congress voting themselves back pay of five thousand dollars each, when I see such Coq- gress doing away with all the public lands of this country, granting such to railroad corporations, instead of giving the same to the people, who were then and now and hereafter the only proper owners of those lands. When I now see that this people have no rights that such Congress, or such huge rot- ten corporations are bound to respect, I feel that misery, pov- erty, and confusion is the final end of the great mass of the people. Rome was once the ruling power of the world. Where is she now? Where is that disciplined army that downed the mighty walls of Jerusalem? Where is Caesar and Alexander, and even Xapoleon? It is only by good laws any nation can be built up. Bad laws will destroy auy coun- try. Can this country be an exception to the others? Here I am reminded of the words of Alexander H. Stephens: "Look at Greece. There is the same fertile soil, the same blue sky, the same inlets and harbors, the same Olympus, there is the same land where Homer sung, where Pericles spoke — it is in nature the same old Greece, but it is 'loving Greece' no more." Her paintings and sculpture are things of the jiast. They are not reproduced. The world of educa- tion, and of taxation to support schools of art fail to equal the grand old masters. Genius can not exist in the lap of luxury — in the arms and embraces of great wealth. A genius 41 ' who perpetuates his memory must sprout, and develop in the midst of error, evils, wrongs, oppression, fanaticism and hy- pocrisy generally. The strangest thing of all in the tax business is that while the law is that each one shall pay taxes in accordance with the value of his property, that means its market value, or rather it shall be assessed at its market value, which is never done. In this county it is assessed at about one-fourth its market value. Some times more, some times less. In some counties less than this, while in other counties more. In Chi- cago, it is said, property is assessed one-tw(»ntieth to one- fiftieth of its value. It is said that there the whole of the property is assessed nineteen million dollars in valuation less than the city was assessed twenty years ago. It is said the rich real estate owners buy the assessors to assess them low, or not at all, and yet with all this commotion, all this public scandal, by the people against incorporated companies, stock companies, banking institutions, building associations, and foreign money lenders, as well as resident lenders of money, after all this oommotion and uproar, the legislature meets, adjourns, draws pay, make noise, but does nothing to remedy the worst wrongs that can fasten themselves upon any people. Evidently the members of that body or power do not see it as I do. They are like the "blind leading the blind — all fall into the ditch."' To suffer the revenue act, to live longer without amendment under the method I have above pointed out, is to suffer a cancerous act to eat out every thing, it fastens on to its ruin. The body having the power to cure this mighty wrong, but does not do so, surely does not realize its responsibility to the people. Railroad free passes to law-makers and pay for Sunday as well as other days will never make saints and martyrs of men on this earth. Also free passes to other men in high places, wearing long robes, and saluted in the market place — all this breeds ease, laziness, looseness, ingratitude, hyjtoerisy and contempt of duty. "Fill your pocket with stock," is the motto. CHAPTER IV MORTGAGOR AND MORTGAGEE. Those who have borrowed money, securing it by mort- gages on their farms, or other property, know something of the burdens of such business. They know the danger the debtor has undertaken, that while the farm was once unin- cumbered, now it is mortgaged for one-half its value. In eleven cases in twelve it is at length foreclosed, bought in for the debt by the mortgagee, though the owner had paid three times the amount of the debt in interest and costs, and fees and commissions. A wants five thousand dollars. His farm is worth ten thousand. He has lived closely for years to save so much. The young folks think they must go to col- lege. They think they must pull down the old house which has done good service for years past. It is not in style. It must be replaced by one "up-to-date," in nice work, by a nice 43 architect and builder. The borrowed money does the worli. The young folks have not yet learned that "he who buildeth his house with other men's money, is like one who gethereth himself stones for the tomb of his burial." There was a time in this country when it did not cost a man so much to borrow money as it does now. There was a time when one neighbor would lend his money to his neighbor. Sometimes take his note, and trust his honesty for the pay. This was often done in old times, and succeeded on both sides. How is it now? The war has sharpened men's wits — hardened their hearts — till not one case in a thousand can men see any difference be- tween legal rights and moral rights. Here is the system of rights in loaning money. If I want |5,000, I must go from the farm to the city, see the big man, big sign — real estate agent or banker — "money to loan cheap." This man asks a commission of five or more per cent, to procure the money — say, for live .years. Twenty-five to fifty dollars to furnish an abstract of title of the farm, though I may alreadj' have an ab- stract of it in my pocket. Then a fire insurance policy must be got with twenty-five dollars more, and then the making and recording of these conveyances is another sum I have to pay. Then if I fail to pay the interest as it becomes due, also the taxes, then all become due, and I must be foreclosed, with an- other bill of costs in court. After my case is in court, and I try to find another loan, so as to pay the old debt, with court's costs, and attorney's fees provided for in the mort- gage, then I must go through the former method of another bill of fees, commissions, costs and so on, to rid myself of 44 this mortgage, to be replaced by another. This is jumping from the frying pan into the fire. Then time goes on — crops may fail, hard times set in, everything is out of "joint." Men's ways are not as nice as they used to be. The old woman is dead now. The young folks do not find things to work as prosperously as they expected. Some have married, some divorced, some dead. So a few years more and the farm goes to the rich man — goes to him who alreadj' has more than enough of earthly goods. The law of too much or too little appears to be the law of civilization — too rich, or too poor. It would seem to be the law in the production of crops. See anything in nature grow, if it meets with early reverses, as drouth, rains, frost, by which its growth or vitality is re- tarded ; then it never will properly develop or mature. Even the worms prey on the little that is left. "Take the pound away from him and give it to him that hath ten pounds."' To every one who hath shall be given, and he shall abound, from him that hath not, even that which he hath shall be taken from im."' Then,' was a time, before the war, when there was a vast quantity of vacant, unoccupied land in this country, and pop- ulation scanty. When one managed to possess himself of land then, with or without mortgage, in the end, he came out all right. Taxes were easy, living easy, stock grew and in- creased on the vacant lands. Railroads were built, popula- tion increased. The only thing that gives too much value to land, as in large cities, where sometimes a lot sells at the great price of .1250 for every square foot. When these things 45 all grew and developed a hundred fold, both mortgagor and mortgagee, or borrower and lender of money, prospered equally. Congress gave the public land all away. It gave those railroad builders other things as subsidies by acts of Congress, Avhich subsidies or millions of money the people were compelled to pay, because Congress, of itself, is like the king or lords of creation. They don't work, they are not self- supporting, nor have they a Ben Franklin, or a Jackson, or a Jefferson now among them. Then all things were ''booming." — the more steals by those in authority, the more tricks and deception to blind the people, the more "booming." Lands went upward in price, stocks went up, wealth flourished, in- surance companies on lives of men and property covered the land. Machinery work took the place of human labor. All was "booming." No one asked the cause. No one thought of a business ebb could ever exist again. No one thought of the future low prices for the farm's products. One hun- dred dollar horses selling for five dollars in the market; wheat 13.00 a bushel, hay $20.00 a ton, flour, |20.00 a barrel, muslin eighty cents a yard, and so on — the future price was not thought of — wheat going down to fifty cents, flour to four dollars a barrel, muslin to four cents a yard, hay to |1 or $8 a ton, and so of other things. Yet it is seen that land does not run down in the market. Rents do not run down. They rather go upward. So now, and for some time past, among us, he who undertakes to rent a farm for cash, cannot win. He can not succeed. He can not make ends meet. He must quit the business in despair, and so is it of him who in this 46 state of affairs, this civilization, borrows money— mortgages his farm to secure it— pays interest, commissions and other fees to obtain the money— pays for an abstract of title of his land, pays for all the making and recording of documents, insurance also — the one who does this, in these days, will find himself in a few years driven to the wall, though his "cattle may be on a thousand hills." These vampires will eat him out of house and home. His end will be that of a pauper. How many such have I seen? My sympathies go out always when I see such sufferers. My bitterness is aroused when I see the ones causing it to roll in the good things of this earth, but at length die, leaving riches to be fought over by the heirs in courts, with ill feeling engendered, and tons of costs. He who has a competency, not too poor, nor too rich, is in the proper position to be happy. The very rich cannot be happy, because they have too much. The very poor ran not be happy, because they have too little. "Give me neither poverty nor riches, feed me with food convenient for me, lest I be full, and deny thee, or lest I be poor and steal.'' Why can not mankind be taught wisdom from this doctrine? Why can they not subsist on their own honest ex- ertions, without, at all times, almost harrass the weak, op- press who they can, and "circumvent their brother in busi- ness?" Can it be true that the oppressor ever can be happy on this earth? Can anything be happy that is wrong, untrue, unjust, perhaps cruel? "There is peace on earth to those who submit to God's providence, and relies truly in his love. King David says: "I have been young, and now am old, yet have I 47 not seen the righteous forsaken, nor his seen begging bread." Were it so fixed that the result of man's labor could be prop- erly utilized, or so distributed, where justice might be done, then all mankind would haye enough — and enough, it is said, is as "good as a feast." The way the world stands men are not satisfied with enough — not satisfied with a cempetency of the things necessary for one and his belongings. His am- bition is to get more — to climb higher and higher — then this, more getting and higher climbing, only makes him more un- easy, more unhappy — petrifies his youthful affections, and then is seen "man's inhumanity to maa that makes countless thousand* mourn." This meanness in the nature of man it is seen in the hog. This overreaching, which is only a legal term for stealing, or might makes right, is seen in all human history, in all civilization. For seven centuries Great Britain has been at it.. She is at it today. She draws from Ireland, not bigger than Indiana, forty million dollars yearly in taxes, and in rents eighty million dollars more. How can they pay so much and yet live is hard to understand. She is very care- ful, when she fills our institutions of learning with her books on political economy, that this tax-squeezing of Ireland is left o-ut. This is not all. She pays thirteen and one-half mil- lions yeiirly more than her share of taxes, compared with Eng- land's rate*. When will this wicked nation learn to be just? When will she restore that? She has robbed and ceased to do iniquity that she may live? Can this iniquity, these mighty wrongs upon a weak, ignorant people, though there are ex- ceptions? <-'an these things perpetuate England's rule round 48 the globe? She must yet go down as Kome and Athens and Greece did. Wherever she rules there is famine. India, with 252 millions people, are all starving, except the British officers there, who rule that unhappy race. Edmund Burke devoted his life to the "betterment" of that people, but England is to- day what she was at the time of Warren Hastings. Power, money, cruelty, overreaching, is her watchword. Her present queen wrote a book with one idea, that of her servant, John Brown. She wrote it on the Highlands in the days of our "unpleasantness" between Xorth and South. But not one word in that book in sympathy with the poor fellows that fell in battle in that strife of five years. No doubt it would please her Majesty to be not only Empress of all the Indias, but Em- press of all this western continent. She and the great fat veto President would be nearly alike in bigness, fatness, wealth, but scant in everything else. No doubt were they set up as golden calves there would be worshipers many. The big mass of mankind will never lose their fascination for the glare of things they never can attain to. Ireland and India are always object points of famine under the queen. This country has been an object point by her government under the fat mug- wump President and others to run the country in debt, in times of peace 2G2 millions, to the wish of such gold-grabbers. After all such confusion and wickedness one cannot see how such rulers can sleep at ease, for it is said "there is no rest for the wicked." There ought to be more human sympathy among mankind, in and by and between nations. Yes, mil- lions times more than we have seen or read of. There ouo-ht 49 to be less envy, strife, trouble, bitterness, wickedness, malice and meanness; more kindness, goodness, more charity among men. Ambition, selflsbness and avarice "run mad," usurp Virtue's throne. The poet must have so felt when he wrote: ''I live for those who love me. Whose hearts are kind and true. For the Heaven that smiles above me. And awaits my spirit too — For all human ties that bind me, For the bright hopes left behind me, And the good that I can do." CHAPTER V FEDERAL TAXATION. Having discussed the question of city, county and state taxation, and having done so as a pioneer, for I have seen nothing in the books to instruct me on the question, in the road I have taken for the better settlement of the question. It will be now in order to discuss this mode of federal taxa- tion, wherein it will be seen that these powers proceed often times outside the constitution, and are then more lawless than the ones the officers arrest and bring to conviction in federal courts. Take the case of the tax income act of Congress at- tempted to be fastened upon the rich, of all the states, for all time. That very act was popular. It was as popular as that of the pensions. Yet, what may be popular may not be con- 50 stitutional. Congress made that a law, as far as that body could give life to a void act. Congress, with its big men and "free passes," imagined it was like Parliament — omnipotent. It thought as it had destroyed silver as a legal tender, it now could reach the pockets of the rich all over the land, and make them happy that they were living in a free country. So it managed things for its marshals and other oflScers to sweep over all the states, to enter the rich man's house, at any hour, night or day, puzzle him with questions, which, if not properly answered, he is taken out of his own county, away from hig own courts, to a foreign forum, a federal court, to be there made convict. No one ever heard of such doings as that be- fore the war in this country. But, the supreme court punc- tured the great bubble, and it was dead. Has Congress learn- ed any thing in seeing that brat die? It is strange that so many persons in Congress and outside think that act would prove healthy for the people. No act should be made by Congress, or any other legislative body, to controvene the constitution. No law should be made, at any time, upon any pretense, to conflict with the constitution. That itself is an- archy by the law makers, who escape punishment, while other kinds of anarchy, the actors are punished to imprisonment for life. The constitution says: "Representatives and direct taxes shall be appropriated among the several states which may be included within this Union according to their respec- tive numbers." Here is the power given to Congress to tax and it must be done in the way pointed out. It cannot be done by that body arming its marshals and deputies to roajn 51 all over this land at pleasure to put questions and raise money simply because one is rich, and eTen owns a county — not at all. When that body needs a revenue, if it has not sense enough to get it on exports, duties, imports and excises, then it must let the states know how much revenue they need, and for what purpo>se, when each state will see to it that its quota shall be raised and paid in accordance with the number of its Eepresentatives in Congress, not in accordance with the number of the state's rich men. By this method the revenue is raised by the states, at the time of their raising and collecting their own or other taxes quietly, without one federal officer to take a hand in the business, without any spies or ill will engendered. In the same manner that the state taxes are collected in every city, township and county in the state, without one state officer coming into these various places to assess and collect such tax. This system of a government within a government, a sovereignty within a sovereignty, a wheel within a wheel, when all work in harmony, is the beauty and very life of our instutioas, whereby state's sovereignty perpetuates all. The moment one power, one sovereignty encroaches on the other that moment there is a clash, the wheel within the wheel not running, or the outside big wheel not working in its usual way, the ma- chinery is liable to destroy itself. "A house divided against itself cannot stand. A family divided against itself cannot stand. The man and woman as husband and wife divided against each other cannot stand. Neither can this country or government by over riding the constitution, as is so often 52 done since the war, to the injury of the people. Before the war it was thought that white men had "the right of life, liberty and the pursuit of happiness." After the war this became changed. If one keep tobacco, cigars, whiskey and perhaps other things, he must pay a federal tax on them. If he raises corn on his farm, and he wants to convert it into whiskey, so he can ship it off more easily and profitably, he must pay a federal tax. If he does not comply, he is arrested, not by his county sheriff, the officer of his election, but by a federal marshal, not elected, but appointed at Washington. In this arrest he is not taken to his county jail, but to the capital, miles away from his county, to harass and intimidate the citizen by methods new, crooked, evil, and forever uncon- stitutional. He Is not tried by a jury of his own county, by an elective judge, but by a jury of strangers, and an appoint- ed judge. If he is found guilty, instead of asking pardon from the Governor of his state, he must ask pardon from the President. Here, every move of the machinery of that federal court and its ofUcers clashes with the constitution, and the law of the land for the protection of the citizen, and his pursuit of happiness. It is simply despotic, arbi- trary, kingly and tyranical, and no doubt these federal courts think they are just and running inside the constitution. The work is lawless. It is anarchy itself. It is so absurd that the reader cannot help but see the wrongs, as if work- ing a problem. A unit too much or too little, in adding or substracting, multiplying or dividing, the result is erroneous. So is the end or result of this federal business in breaking 53 in on old established customs of the common people. In making laws by Congress illy digested, without thought, jus- tice, nor constitutional right, upon the false pretense of neces- sity. If the federal authorities can make their tax levies among us in separate states, by way of license or otherwise, on tobacco, cigars, whiskey, beer, whether these things be luxuries or not, then they can also execute their income tax, levy on any or all men, rich or poor, which the supreme court pronounced void. They could tax and levy upon all things in all states at their pleasure, the reason of these things being taxed by the government, tobacco, etc., and also put up with by those who trafBc in them, is each one who trades in the business puts on the government tax on what he sells, and finally it is the devil taking the hindmost — the consumer pays the tax. The Federal government has no more right to violate the constitution in attempting to raise or levy taxes or in any other essential matter than had Great Britain to tax tea brought into the colonies. There is an old maxim which no law maker should forget: "Do as you please, provided you injure nobody else." He may do as it pleaseth him, but he must take care not to be in conflict with the constitution, and the law of the land. For nearly two centuries before the revolution, European sovereigns who gave charters to colon- ists of lands in this or other countries, reserved to themselves the power to control such lands, liberty and privileges. This was the method by which the thirteen colonies were made and grew. After the revolution, under the constitution, the 54 government began to sell the common lands of the United States, or the several states, to their citizens, who were al- ready in the possession of personal and politiial rights, which the government did not give, nor could take away. Yet it has come to pass that Congress gave all the lands away to railroad companies, instead of selling the same to American citizens, already in possession, and putting the money in the United States treasury. Here is the great national wrong which should be remedied, and have these lands so stolen re- stored to the people. In the Century Magazine for November, 1885, is this: ''The stocks of those great corporations are turned into dice, by which gigantic gambling operations are carried on, operations in which fortunes are lost and made in a day, operations by which honest men are tempted from honest industry to their ruin, and other more honest men who resist the temptation are involved in the ruin which a com- mon wreck inflicts upon the community. As if this were not enough, the brakeman sees these great corporations the re- cipients not only of vast powers, but of gifts as vast. He sees the nation giving away to these railroad companies an area nearly equal to the great states of Pennsylvania, Ohio. Indi- ana, Illinois, Michigan, Wisconsin, Iowa and Missouri, and three times the total area of England, Ireland, Scotland and Wales." The book says "the wicked walk on every side when the vilest men are exalted." In the last few years it has been seen that the president run the country in debt two hundred and sixty-two million dollars. Is not that a vile act done by an ignorant, vile man — even when Congress was in session, with no attempt to stop him, or impeach for high crimes and misdemeanors. If one man can do so, why not some other one man repeat the infamj'? Where is it to stop? A can- cerous act or crime like that, suffered to go unpunished, is a forerunner of American dissolution. When it is once set- tled in the public mind to have contempt for the constitution, the law of the land and old American ways, it will not take long to destroy the old institutions and to put in their place acts and doings of irresponsible adventurers. One of the great dangers now is, there are so many who think the presi- dent is like the king — "he can do no wrong." That Congress like the Parliament, is omnipotent. That if the constitution does not specially prohibit them, then they may reach out and enact what they please as laws. When the true construc- tion is, Congress can only act and make laws, when that in- strument expressly or impliedly grants the power, just as the charter from the king grants rights to the colonist. The charter is the measure of his powers. The constitution is the measure of the powers of ( 'ongress. Where in it does Con- gress find power to give pensions to women direct, who were never in the army. Some of them granted large pensions who are already rich, and possessed of large incomes. Is it any wonder the public mind loses respect for authority, and laws, when it is seen on all hands the law makers are de- bauched; when it is seen how the colonies became free from Great Britain, and framed the constitution, limiting the pow- ers of Congress, not making that body the owners of the 56 common lands of the country, but making it, as it were, trus- tee in and over these lands for the public good — for the good of American settlers — it will thus be seen this Congress was not the lords of the land to do with them as they pleased, vir- tually confiscated these lands from the people to the stolen po- session of incorporated companies. No criticism is too harsh or bitter as against Congress in these acts of confiscation, to outlaw or depose the people of such vast bodies of lands. From one great judge I quote this from the Dred Scott case: "The jurisdiction of the federal government is limited to certain enumerated objects, which concern all members of the republic, and that the local or municipal authorities form distinct portions of supremacy, no more subject within their respective spheres to the general authority than the general authority is subject to them within its own sphere." Again he says: "Congress was made simply the agent or trustee for the United States, and the subject of the trust to any other beneficiary or sestuique trust, than the United States, or to the people of the United States, upon equal grounds, legal or (equitable, Congress could not apporpriate that subject to any one class, or portion, of the people to the exclusion of others, politically and constitutionally equals, but every citizen would, if any one could claim it, have the like right of punhasp, settlement, occupation, or any other right in the national territory."' Quoting the constitution to law breakers is like quoting pure morals to thieves. Yet, the right must be advocated. While government exists right and wrong, good and evil, kindness and harshness, love and 57 hatred, attraction and repulsion, growth and decay, are ele- ments in the make-up of men, which are forever at war with each other. It is as God on one side, the devil on the other. If, then, the "jurisdiction of the federal government is limited, as it is to certain enumerated objects," where is the power to levy direct tax on the people of the states, rich or poor, upon any thing, or all things. That charter, that deed, that constitution, by the thirteen United Colonies, that su- preme power wrested from the king of Great Britain and placed in the states or people united that power is in them yet, except as it was given Congress or its agents to work under for the public good as their servants, not masters. Here Congress must look for its authority to give us laws. Outside this no one is bound to obey them. No right is given to directly tax the people. This power remains with each state. She is an usurper and tyrant robber, when she at- tempts to do so. Equally so is she an usurper and tyrant when she brings hither her army on any pretense, unless called for by the methods known in our American institu- tions. "The quartering of large bodies of troops among us" is an early step to the destruction of the civil power of the state and the dissolution of American institutions by federal and centralized government. The federal government must seek its power in the constitution, and show plain men in the state where she seeks to control them that the constitu- tion so empowers her. She must not do so by constructive reasoning, which is the method of all tyranny, and kingly diplomacy. Wrong doers always give a plausible reason for 58 a false act. B3' this means libert.y has been at all times uni- versally lost. For the federal government to override the state, by constructive reasoning on the constitution, is the antagonism of the father for the son. "It is the house di- vided against itself. Jefferson did not believe in the license of tampering with the constitution, and mak- ing it speak that which its founders never thought of; doing that under it which is opposed to the spirit of its authors; doing under it some oppressive act to the injury of the many, while the act might help the few. At the time of the Louisiana purchase from Napoleon, Jefferson was in doubt whether it could be done under that instru- ment, and so he said: "I had rather ask an enlargement of power from the nation, when it is found necessary, than to assume it by construction, which would make our powers boundless. Our peculiar security is in possession of a writ- ten constitution. Let us not make it blank paper by con- struction. I say the same as to the opinion of those who consider the grant of the treaty making power boundless. If it is then we have no constitution. If it has bounds, they can be no other than the definitions of the powers which that instrument gives. It specifies and delegates the opera- tions iiermitted to the federal government, and gives the powers necessary to carry them into execution." This fine passage I find in the Dred Scott case. Reading from men like these I have quoted, compared with recent Presidents, or some who think themselves statesmen in Congress, is like reading from the last speech of Moses to the Hebrews, when 59 "he tells them he is going to die."' He speaks his last time to them, with Avhom he had spent forty years in the wilder- ness. They were rebellious since he knew them. He did not so state to make them angry, as it was not befitting him to now make them feel troubled, as he was going to his fathers, but he simply reminded them of their conduct when they would think to stone him twice. So now, if they would abide the ordinances, statutes and commands left them for their guidance, they and their posterity would be blessed. Also their basket and their store. But if they put aside these ordinances and commands then they would be scattered among the nations, and left few in number, and they would repent when it would be too late. We have had rulers, mental pigmys, who- are always below this grand com- mander of the Jews. My object in giving this from Moses is, it seems to me, since that race in the wilderness was so wick- ed it could not enter the promised land, only Joshua and Caleb in 600,000 of them. They died in the wilderness, leav- ing the young generation to follow these two leaders, to pos- sess the land promised them. Now, if these law-breakers suf- fered on account of their transgressions, as they did, what is to save us, this great union Of states, if our law makers ig- nore the constitution and set up for themselves other and golden calves to go by, and set at defiance the commands in that constitution for our safety and perpetuity. Our fate will be that of them and other nations that in the centuries have lost their liberty. Will not our sin find us out? I have not as much respect for a law maker that breaks the constitu- 60 tion, or knowingly or ignorantly enacts a void law, to saddle upon our people, than I hare for a man that is seen insulting and beating his wife, or that forgets the wise commands of his parents. Public servants have some responsibilities. They must know their duties, and have courage to execute them. The people will see straight some time. They cannot be fooled all the time. God's wisdom may some time nestle in their hearts. They yet love the constitution. The congress- man that is not guided by it, is like the mariner sailing the wide ocean discarding compass, sun and the polar star. He will not do to tie to. CHAPTER VI THE THREE COURT HOUSES. Having given some space as well as thought and labor to the question of taxation, it is now in order to enter into an investigation, and discussion on the methods taken by the authorities in the building of the three court houses in this county. All have read, heard, or know more or less of the new court house — universally known as the "Macoupin Coun- ty Court House." Most of the county people know of the brick court house, built in the center of the Carlinville square in 1S40, but which was taken down upon the completion of the new court house. The history, the records in this county, the statute creating the county, and for the building of the first court house, and jail, here, all have proved to me to be Gl both surprising and interesting. One day, while I was search- ing among the old books and statutes of this state, in the base- ment of the new court house, in the midst of dust and cob- webs, for some thing which might enlighten me on some other question, I came across a small statute book, paper cover, with about 250 pages. On the cover was written 1828 — 1829. On the inside of the cover was the name written, "Seth Hodges." The handwriting reminded me of the old days in school, when we used to try all methods and capers at grand penmanship, big and irregular flourishes. On the other side was written, "Seth Hodges. C. Com., was born Oct. 26, 1728." The first page was this: "The Revised Code of Laws of Illinois containing those of a general and permanent nature, passed by the sixth General Assembly, at their session held at Vandalia, commencing on the first Monday of December, 1828, and those made previous thereto, and ordered by the said General Assembly to be republished. Published in pur- suance of law, Shawneetown, 111. Published by Alexander F. Grant & Co., Lodge L'Hommedien & Hammond, Printers, Cincinnati, 1829. Here it would seem that the assembly had ordered the printing of this statute book at Cincinnati. Perhaps it could have done it cheaper there than in this state then. ZSTow-a- t days, an assembly with railroad passes, think but little of economizing for the public good. Such jobs are now given to schemers who "can do the most good" — for the party, or "ringsters." The printing of this statute book of 250 pages in Cincinnati, at that time, demonstrates to me, the honesty 62 of that assembly. No thought then of a ring doing the work —by an appropriated steal. The assembly then was more careful of price for the public good than an assembly is now of dollars or even thousands. I will now copy from the statute three sections there en- acted for this county, or rather creating the county, and for the building of a court house and jail. I do this, to show the reader of this book, but more particularly the tax payers of this county wherein they failed in their light in resisting the building of the "Macoupin court house." I do not think this statute, this special one, was ever thought of nor mentioned in that light or litigation between the county and the bond- holders. It being a statute for this county, it was entirely omitted in the revisions of the statute books afterward made, and so the lawyers would naturally overlook it, in that court house fight, and without which it was simply impossible for the county to succeed; but with this statute, it is plain to me the county could have been saved of tons of taxation for reck- less, illegal and unnecessary burdens of debts. Looking at the question in this light this statute, those old cobweb rec- ords have become truly new and interesting to me. It is a discovery unthought of by any of those engaged in this three million dollar court house,^ It is my own opinion, the result of much thought on the (juestion, after searching the records that there never was any power in the authorities to change the location of the court house, as was done, nor in the legislature to legalize the court house debt, as was done by it. This being the case, 63 it may be asked, "Have the authorities power to tax us for the payment of the court house bonds? The people of this county now Ivuow that I have been lighting tax authorities for tlie hist nine years. I have been doing it alone, on my own responsibility. When I began the fight I was like one start- ing to learn arithmetic. It is said there is no "royal road to learning." One must study, work and resolve to down any- thing and all things in the way, if corrupt and illegal. I knew little then of its crookedness. I did know something of its unequal burdens. I did know the rich and strong made the weak and poor bear the heavy burdens. I did think all ought to be treated justly and alike, in the support of our institu- tions. Something spurred me to action, to resist the tax au- thorities in the proper forum, and so far it is known in this county, while they have been "downing" me in the county court, though not always, I have "downed" the authorities in the better and higher circuit court on the chancery side. Am not through yet. Xo doubt this is the biggest, deepest and most important question the world of men, and governments have to deal with on this earth. I believe it is the least un- derstood. At one time there was a great prejudice raised against huy one who dared question the right of the authorities to levy any amount of taxes they thought fit to. Often this was said, sneeringly: "I have enough of any one who does not pay his taxes." This song is not now sung in this county. Sneerers have learned that it is not business, nor justice to pay illegal or robber taxation. Sneerers have learned they 64 are condemned "out of their own mouth."' They haAe learned, while they would "throw stones" at another, the sin was at their own door. "Their sin will find them out." The rec- ords shows some getting rich by becoming bankrupt, and re- fusing to pay honest debts. Truth is a wonderful thing in the causing of empty prattle to "shut up,"' and that in these sneerers forever. I said I would copy three sections of this statute, "An act creating the County of Macoupin," in force January 17th, 1829. See. 1. Be it enacted by the people of the State of Illinois represented in the general assembly, that all that tract oi country within the boundaries, to-wit: Beginning at the south- west corner of township seven, north range nine, west of the third principal meridin; thence east on the line dividing town- ship six and seven to the southwest corner of Montgomery County; thence due north to the southern boundary of Sanga- mon County; thence west on the southern boundary line of Sangamon and Morgan Counties, to the range line dividing ranges nine and ten; thence south on said range line to the place of beginning, shall form and consitute a county, to be called Macoupin. Sec. 2. For the purpose of fixing the permanent seat of justice of said county the following persons are appointed commissioners, to-wit: Seth Hodges, Joseph Borough, John Harris, Shadrach Eeddick and Ephram Powers, who, or a majority of them, being first sworn before some justice of the peace of the state, faithfully to take into consideration 65 the convenience of the people, with an eye to the future pop- ulation and eligibility of the place, shall meet at the house of Joseph Borough, in said County of Macoupin, on the third Monday of March next, or within six days thereafter, and proceed to examine and determine on a place for the perm- anent seat of justice of said county. Provided the commis- sioners aforesaid shall locate the seat of justice on public land, they shall designate the same, and certify to the county commissioners uf said county, as soon as they shall be qual- ified to office the half quarter or quarter section of land so se- lected for said county seat; and it shall be the duty of said county commissioners as soon thereafter as they may be en- abled to enter the same in the land office of the district in which the same may be situated, and they shall immediately therafter lay off the same, or any part thereof, into town lots, and sell the same on such terms and conditions as may be most advantageous to the interest of said county, and the proceeds of the sale shall be appropriated to the erection of a sufficient court house and jail. But if the said commis- sioners appointed to locate said seat of justice should locate the same on the lands of any person or persons, and such proprietor or proprietors should refuse or neglect to give to the county for the purpose of erecting public buildings, for the use of said county, a quantity of land, not less than twenty acres, situated and lying in a square form, to be selected by said commissioners, then and in that case the said commissioners shall proceed to select some other situa- tion, as convenient as may be to the place first selected. Pro- 60 Tided the owner or owners of the land shall make a donation of a like quantity and for the purposes above mentioned. And the said commissioners, after having made such loca- tion, shall designate the same, and certify as aforesaid to the next county commissioners court to be held in and for said county. And it shall be the duty of said county commis- sioners to demand and receive a tith' in fee simple for the use of said county, for the donation of land as above stated, and to lay out the same into town lots, and sell the same, and appropriate the proceeds thereof as before mentioned, which PLACE when so fixed upon, shall be the periianet seat of justice of said county, all of which proceedings shall be en- tered of record in the books of the county court. Sec. 3. I'ntil public buildings shall be erected for the purpose the courts shall be held at the house of Joseph Borough, in said county, or at such other p?f/ee as the county commissioners may appoint. I now have copied this statute, such part of the book as appears vital and necessary to the discussion of this court house taxation in this county. It fixes the boundaries of the county. It says the i)lacc fixed on by the commissioners shall be forever the permanent seat of justice for Macoupin County. It names the five commissioners they appoint to act in the case. The place or spot where they must meet, and the time and the quarter fir half quarter section to be got or donated for the use of the county forever, on which to build a court house and jail, and other public buildings. It says these commissioners must be first sworn before an officer to 67 faithfully take into consideration the convenience of the peo- ple, with an eve to the future population and eligibility of the place, and meet at the house of Joseph Borough, on third Monday, March then coming, or within six days thereafter, and proceed to examine and determine on a place for the permanent seat of justice of said county. That said dona- tion of land shall not be less than twenty acres in the form of a square. It says the proceedings of the commissioners must be reported to the county commissioners' court at the next term, and that said commissioners shall receive title in fee simple to said land for the use of the county commis- sioners and successors forever. All of which was done by these agents and oflScers in pursuance of the act, and in com- pliance therewith, and all of which is recorded in the proper places in the court house. The public square was laid out on the 27th of August, 1S29, as shown by the plat of record by Ezekial Good and Seth Hodges, conveying the land to the county commissioners — Seth Hodges, Thomas Davis and William Wilcox, and ac- cepted. The June term of the county commissioners' court the commissioners appointed by the General Assembly reported their action in meeting at the house of Joseph Borough, get- ting a donation of thirty acres of land for the seat of justice. That they fix it in the southwest quarter of section 28, T. 10, R. 7, in Macoupin county. The minutes of the court show this: "The court received report of the commissioners ap- pointed by law for fixing the seat of justice for the county, 68 which report reads as follows: The commissioners appointed by the General Asembly of the State in 1829 to locate the seat of justice for the county of Macoupin, having fixed upon the following site for the seat of justice for said county, and lying on the southwest quarter, section 28, T. 10, E. 7, dona- tion, thirty acres to be situate in an oblong square, 80 poles in front, on the north side to run 60 poles south, stake drove on the north side of the public square, equi-distant from east and west corners on north side, facing Main street, to run due east and west.'' 1st June, 1829. Seth Hodges. [Seal.] Jas. BoEOfOH. [Seal.] Jno. Harris. [Seal.] ''The court received a title in fee simple for the above de- scribed lot or donation of ground, which said bond is ordered to be filed in the clerk's office of this court." The deed of Hodges and Good to the commissioners — Lewis Solomon, Eoger Snell, Samuel Lair — of date 13th of February, 1833, of thirty acres recorded in the court house. The deed refers to the act of the General Assmbly appointing the commissioners aforesaid — that they did locate the seat of justice in southwest quarter of section 28, T. 10. E. 7. in Macoupin county, 'and for a donation of land for the purposes of court house and jail, and the erecting of other public build- ings. Hence the deed is made to the county commissioners, and their successors forever for said purposes, and for the use of the county. "Beginning at a rock 12 or 13 inches wide, 6 or 7 inches thick, and 3 or 4 feet long in the ground, in center of Main street, on eastern boundary line of the town of 69 Carlinville, by plat or map adopted and agreed upon by -the commissioners and of record in said county, and running west with center of said street SO poles to western boundary line, thence south with said line 60 poles to south boundary line, thence east 80 poles to eastern boundary line, thence north with said line 60 poles to the place of beginning, making thirty acres, more or less." It will be seen in the act of the general assemby that the commissioners' court were to "lay off the same or any part thereof into town lots, and sell the same to the ad- vantage of the county, and the proceeds to be appropriated to the erection of a sufficient court house and jail. The lots were laid out in pursuance of the act by the court, but in selling them, and getting the money, the records or minutes of the court does not show. It shows where certain persons were appointed to sell lots, and where report was made, and received of such sales, but instead of stating what the lots sold for, or how sold, or money got into court, nothing of that sort there. The court says report made by persons of lots sold under his appointments, "all satisfactory." The acts of the commissioners' court at that time are many, and important. It appointed its clerks, approved their bonds. For wrong action it tried and ousted them from office. It appointed revenue collectors, and fixed how much taxes should be raised, and fixed weights and measures; also, it fixed rates of taverns for board, and for liquor. The court was in fact king of the county. Yet there is no tyranny seen 70 in its action, in tliat long record of poor writing, but honest capitals always in the wrong place. Hardly any points of punctuation. Yet, enough is shown where now, I, a friend of the court, and that of justice, am enabled to draw some- thing from that docket of these entries for a great county, in a great state, and which reached through the space of eleven years to the year 1840, when the brick court house in the center of the square was completed. There is no index to that docket. What have the officials been about? To have left such important and valuable minutes or records in the dark, among cobwebs, where not one in ten thousand ever looks into that book. Much less, does' one look there to study its contents. It is now my opinion had the book been in prop- er time studied by any good working lawyer, and had the book recopied, and indexed, so one might find what he was seeking instantly, instead of having to go through the whole record getting here an idea, there another, here one thing, there another. There is no connection as the book is now. One has to make his own connections. So T had no small labor in working the case to make the reading of this book, on this commissioners' court items easily understood. The coun- ty ought to revise and dress anew that old book, at any cost or expense. The book is a better friend for this county than these court house bondholders, who forever eat us out of sub- stance, and yet say, "not enough." I shall dwell no longer on this point, but before I end this discussion of these three court houses, I shall show as clearly as mathematics that the county is burdened with debts which are illegal and 71 void. Where is the land that was given to- the county for- ever? Where was the power to sell more lots of the thirty acres than was then needed for court house and jail? Where is the power to remove the court house from the original spot or place selected by the commissioners on which it and jail were built? Where the power to sell court house and jail lots and buy others at the expense of the county? The spot se- lected and accepted under the act, under the donation, this spot cannot be sold, nor confiscated. It is as though the king owned it. We, the people of this county, are the owners in fee of that land forever, unless they have parted with it by some act under the law. I will not take up these four vital questions now, as I have more items from the court's docket to give you. When these are all copied, where it is shown the amounts spent in court house and jail, then it will be in order to answer the four questions above put, and that will demonstrate the rights of the county, as well as the claims of the bondholders, who insist upon the county being forever taxed to fatten them, and their belongings. From this old book — this old commissioners' court dock- et — I now proceed to copy some items, which, I believe, will not only instruct, but prove interesting to the reader. "It is ordered by the court that the lots of numbers fol- lowing sell for the prices following, to-wit: Lots 73, 77, 76, 112.00 each. Lots 79, SO, 81, 82, 70 and G7, |6.00 each. And the lots unsold in block immediately south 1st S. st., fS.OO each, and that the commissioners take no less.'' "It is ordered by the court that the clerk of this court 72 contract for two seals — one for the use of the county court clerk's offlce, and the other for the use of the circuit court clerk's office, and that he be authorized to draw on the county treasurer for amount of costs of said seals, and order that amount paid when so much is in his hands belonging to the county." "Also that the editor of the Illinois Intelligencer be al- lowed the sum of |2.00 for publishing the advertisement of the sale of lots in town of Carlinville. That the clerk pay same out of any moneys got for sale of lots." "On motion of William S. Holton, he is allowed to keep a tavern at his own house in said county for the term of one year. Given bond flOO; also paid tax |1.50; amount tax as- sessed on said stand by the court." "Ordered by the court that Theodorus T)avis be allowed the sum of |1.25 for letting out the erection of the court house in the town of Carlinville.'' Sejitember term, 1830. "June Term, 1829 — Ordered that the surveyor lay out in lots, under direction of the commissioners, and 20 lots to be offered for sale." "Till public buildings be erected, it is ordered that court hold at house of Ezekial Good, near county seat." "The court being advised do order that the sheriff col- lect but one-half per centum ad valorum of the revenue on personal property listed for taxation in the county, and that the treasurer remit one-half his charge, and so much of the former order, as required one per centum ad valorum be null and void." 73 "21st of Aiiyust, 18l!t) — It is ordered by the court that Charles Lear be allowed the sum of seventy-fliTe cents for one day's labor, in cutting hazel in the town of Carlinville." "Ordered that Theodorus Davis be appointed commis- sioner to sell and dispose of the lots in the town of Carlin- ville; also that he be appointed agent for the county to su- perintend the letting out the erection of the court house and pound for this county; also, that H. H. Davis be allowed the sum of |2.00 for two day's labor in cutting hazel in the town of Carlinville. Also, that Jno. L. Davis be allowed one dol- lar for one day's labor for cutting hazel in said town of Car- linville." "It is ordered by the court that the building of a court house for said county of the following description, viz., to be built of hewn logs 18 by 24 feet, the logs to face one foot on an average. The house to be built to be two stories high, the lower story to be 8 feet between floors, and the second story to be six feet below the roof. To have one door below and one above, door to be cased, and to have a good strong plank shutter. The windows to contain 12 lights or panes of glass, S by 10. Two good plank floors to be jointed and laid down rough. Roof to be double covered, with boards, weight poles to be shaven. Cracks to be lined o^n the inside with shaven boards and crammed on the outside with mud and straw, or grass well mixed together — all to be composed in a strong manner by the first Friday after the second Sunday in August next. Will be let on a credit of six, twelve and eighteen months to the lowest bidder on the 19th inst. The 74 undertaker to give bond with approved security for the per- formance of his contract, and the clerls of this court advertise the same." I have copied this order of the court, being short, simple ■ — no big airs or grandeur there — to be compared with the way things are done now. See how careful, simple, honest this court's statements? "Door to be cased, and a good strong plank shutter." "Windows 12 lights or panes of glass, 10 by 8." He does not even say "inches." This affiant avers, his ill knowledge of "weight poles." Have made no inquiry — don't know that "Webster defines it. The contract or order for the jail is quite lengthy, so I have omitted its copying. It must have cost considerably more than the court house, which cost the sum of one hun- dred and five dollars and sixty-six and two-third cents. "The jail was to be 18 feet square, made of hewn logs — the under- taker for its performance to give bond to the county comis- sioners, to be completed by 1st of September, 1833." "September Term, 1830.— "Ordered that the clerk of this court notify persons indebted for lots situate in the town of Carlinville that unless they come forward and make payments between now and the next term of this court their notes now due will be put in the hands of an officer for collection." Think of a court sitting down over his docket making an entry like that one, giving notice to debtors for lots, by an officer, to "please come round" and settle up by next term of the court, instead of them being then there to pay for the lots thev had bought. 75 "Ordered that Setli Hodges, the undertaker to erect the court house, in the town of Carlinville, be allowed the sum of 148.33 1-3 for the same, to be paid out of the money arising from the lots in said town." "Also that John Gray be appointed commissioner to sell and dispose of lots in the town of Carlinville." "Ordered that Seth Hodges undertaker to build the court house in Carlinville, for the county, be allowed the sum of $57.33 1-3 for erecting and finishing the same and for extra work done on same." "September Term, 1832. — Ordered that the clerk borrow for use of the county for one year $137.-30, provided he can do so by giving not exceeding fifteen per cent, per annum, and that he pay the same to Hardin Weatherford to build the jail of this county." "March Term, 1833.— It is ordered by the court that the following species of property, viz.: Town lots, slaves indentioned or registered negroes, or mulatoes, servants, wagons and pleasure carri- ages of every description, distilleries, all horses, mares, mules, asses, and meat cattle above three years of age; watches with their appendages, clocks, household furniture, hogs and sheep, be subject to a tax of one-half per cent, for the pres- ent year, and that the county treasurer list the same accord- ingly." "March Term, 1835. — Ordered by the court that James C. Anderson, Isaac Greathouse, Seth M. Otwell, John E. Lewis, John Wilson, be appoint- 76 ed agents for the county to borrow a sum of money not under five, nor over |7,000, at interest not over eight per cent, per annum for the term of years, not under six, nor more than ten years. It shall be borrowed for the purpose of erecting a good and sufficient brick court house for the county aforesaid, to be lent for said building in such manner as the aforesaid agents shall direct; said court house shall be completed within two years from the time of obtaining the money. That reasonable compensation be allowed said agents for their services while necessary engaged in the discharge of their duties, they enter into bond of |4,000, made payable to the commissioners and successors." "March Term, 1836.— It is ordered by the court that the agents appointed at the March term to borrow money, not under five, nor over |7,000, at eight per cent., not over, for term of years, not under six, nor more than ten years, for brick court house for the county, be authorized to give ten per cent, to be borrowed for the county. The faith of the county to be pledged for its payment, principle and interest. "It is further ordered that said agents publish for three weeks successive in the Alton Telegraph and Illinois Ee- publican their intention of letting out the building of said court house previous 8 to .5 weeks before letting it out, and report costs for pay." "December Term, 1836— Jesse Ehoades, Thomas Corr, Ezekial Ross, County Commissioners."' "It is ordered by the court that John Chapman be al- lowed the sum of |16.50 for hoarding a pauper the last three months, and furnishing shoes, etc." "From the return of Jacob Sears, esq., it appears that David McDaniel was fined before him the 11th of October in the sum of |3.00 for committing an affray, and also that Mil- ton H. Bacon was fined at same time, and for same offense, in the sum of itf.j.OO." "It is ordered that the sheriff be authorized to contract for the repairing of the scaffold, and steps of the jail, and that he report the expense of same to the next term of the court." "Also that John Logan be allowed the sum of one dollar for cleaning out the Methodist meeting house, after the hold- ing of circuit court." This last item is now new to this generation. It ought to have a comment. Think you of holding court in the Meth- odist meeting house, and John Logan getting the "sum of one dollar for cleaning it out." I suppose this was the good Dr. Logan, later Col. Logan, since dead. I think I knew the doc- tor, and I liked him. He was not a stingy man. He had a kind heart. He believed in God, and that one would be re- warded in eternity according to the "deeds done in the body" here. That judgment would await the soul in justice. He told me one time this. We were talking of the way Ireland had been ruled and oppressed for centuries. His words were new and surprising to me. Said he: "If Ireland only had one hundred Methodist preachers, she could be freed, and have her own government." There is some truth in this. I 78 have often thought of it. When it is known that England always has her arniv, her police at all points forever on the watch for "suspects;" also her detectives, born spies to down and betray those they do not like— when it is known that all her diplomacy is to fatten her at the expense of all others; when it is known she giants and endows the College of May- nooth forever, with a large sum of money yearly, to inlucate Catholic clergymen in Ireland, so as to have them as leaders on her side; when it is known that the great mass of the peo- ple of Ireland are Catholics and they can imt belong to secret orders; when it is known that she keeps up a dissension be- tween the Catholic and Protestant population there, then it is easy to see — it is as clear and true as mathematics, such a people cannot wrest their freedom from England, because, you see, they cannot be revolutionists. This word revolution- ist has been lately defined in Congress by some one. He said the difference between a rebel and revolutionist is, the one does not succeed, the other does. So, you see, if one can join no secret order, then he ran not be a relx-l, or revolutionist. Before he is a revolutionist, he must be a rebel, and in this he must keep his own secrets. Those who succeed in war are best at keeping their own secrets, and finding out the weak places in the other side. Those thoughts came to me as I be- gan to copy the item about the doctor. I liked him as I said before. He did not believe in the o]i]iression of any people. He believed in their freedom. Were he now here, how he would advocate the independence of Cuba from any kingly rule. The Cleveland-McKinley policy to him would be un-Ameri- can and wrong." 79 "Also that Jolin Lewis, county treasurer, be allowed the sum of 175.00 for listing the taxable property this year." "It is ordered by the court that John Chapman be al- lowed the sum of $15.00 for boarding a pauper three months." "It is ordered by the court that Elisha Starkweather be allowed |8.75 for boarding and attending on a poor sick per- son." "It is ordered by the court that the following be favor rates for the year 1837, to-wit: For one person 25c For stage passenger, do 37^c Lodging for one person, per night 12 i- Horse, per single feed 12^c Horse, per night and day 37^c TVTiiskey, per half pint 12^c Brandy, rum, wine or jin, per half pint 25c Cider or beer, per quart . . . .' 12 Jc And that the several tavern-keepers within this county are allowed to receive the foregoing rates and no more. "March Term, 1837. — It is ordered by the court that John Lewis be appointed county treasurer for the County Macou- pin for the present year, who thereupon entered into bond with Bela White, John T. Wood and John Wilson securities in the penalty of |3,000." "It is ordered by the court that Jefferson Weatherford, sheriff, be allowed |8.50 for dieting a prisoner." "It is ordered by the court that John T. Wood be allowed the sum of |3.00 for boarding a prisoner at his house." "It is ordered court adjourn one hour. Court met pur- suant to adjournment." 80 "Negroes Taxed. — David A. Smith produced in court cer- tificates of freedom for tlie following named persons of color, viz: Old Isham, Young Isham, Anthon Monamia, Xathan Henry, Mary Kelly, Eliza Thomas, John and Sarah, which said persons of color presented their bonds to this court in the penal sum of |1,000 each, that they become not a county charge, and that they would all yiell demean themselves in strict conformity with the laws of the state during their resi- dence here, offering the said David A. Smith and William A. Kobertson as their securities, who were approved by the court." This item about negroes struck me as a piece of strange civilization. It will look strange to any one who has never resided in a slave state. It will look strange now, so many years after the war, to nearly all persons. Of course, it will be entirely new and strange to the now rising generation. It is !-aid that "truth is stranger than fiction." Is it not so? Here is a free state, always was, and vet I find a statute en- acted, headed, "Negroes," approved January 17, 1S20, under and by its command the court acted in the item copied. This statute has four long sections and three pages. It is a curios- ity. The white Caucasian, of any thing descending from Eng- land's civilization, could make any kind of a statute, and argue it reasonable and holy, why will newspapers write stories, and fiction, and lies, and sickly sensations to our young men all over the land, while the past history, so new and interesting, is to us as dead? Why fill newspapers with "stuff," when an item like this might be resurrected and teach us what we are. SI "It is ordered by the court that the plan of the court house in the county, that the stone caps be dispensed with and that brick arches be turned, and also that the sills for the windows of stone be dispensed with, and walnut sills be re- ceived in their place, and also that |170 be deducted from the price of the building of said house." "September Term, 1836." — It is ordered by the court that BeattT T. Burke be appointed to keep a public tavern in the town of Carlinville, for one year from 17 Sept., 1836, he enter- ing into bond, with Jefferson Weatherford security, condition as the law directs, and paying the sum of |3.00 to the clerk with the costs." "Special Term, 1836." — The court met pursuant to ad- journment the same to-day as yesterday." "The court adopts the following as the plan nf the court house to be finished first January, 1S38." "March Term, 1839." — B. T. Burke appointed collector for the revenue in and for Macoupin County for the year 1839." "March Term, 1840. — The builders of the brick court house tender the same finished. It is received." The world of men, the whole world of colleges and pro- fessors, cannot beat this item for brevity. Here is this brick court house in the square tendered to the court as finished by the builders, and "it is received" by the court. It then shows 14,000 paid builders. This shows honesty all round. Where this is, where there is no trick to deceive, there is no trouble. Tricks and deceit fill this world with trouble. It seems to me these tricks in aid of one's pocket sprout for- 83. ward like thistles, cockle buirs and jimsons that encumber the earth, but must be brought hither by the hand of labor and cultivation. "Mar Term, 1837.— It is ordered that Jeff. Weatherford be allowed |2.50 for furnishing a straw bed for prisoners." September Term, 18.37. — "It is ordered that Giles Adams be allowed the sum of |23.00 for timber furnished in building a bridge across Long Point Branch." "December Term, 1837. — John Wilson, clerk of the court, removed. David A. Smith, as friend of the court, suggested that John Wilson, clerk, altered bond, defaced and falsified the record. Eemoved." "A. McKim Dubois appointed clerk pro tem." "March Term, 1838. — John A. Chesnut appointed clerk." "David McDonald allowed .f230 for fencing about the new brick court house." "September Term, 1838. — Lewis Solomon, Samuel Lair, etc.. county commissioners." "Ordered that B. T. Burke, Esq., be requested to proceed as soon as possible for use of the county, such weights and measures as are required by the laws of the state, to be county standards for seals and weights and measures, and for said county. The same to be paid for out of the revenue in his hands as sheriff of Macoupin County, and to be credited to his charges as such sheriff." "March Term, 1835.— The citizens of Carlinville are re- quested to attend at the court house on the last Saturday in January for the purpose of taking into consideration the pro- 83 priety of incorporating the town, January 16, 1835. Meeting at one o'clock." At a meeting of the citizens of the town of Carlinville, held at the court house, 31 January, 1835, to decide whether said town shall be incorporated or not, more than ten days' notice of the object of such meeting having been given, John S. Greathouse was chosen president and Seth M. Otwell clerk, the oath to faithfully discharge the trust reposed in them having been administered by A. S. Walker, a justice of the peace. They proceeded to take the votes of all the qualified votes present, and on counting of the votes it was found that 23 voted in favor of the incorporation of said town of Carlin- ville and none against it. Given under our hands this 31st day of January, 1835. John S. Weatherford, president; Seth M. Otwell, secretary. Here it is seen when the first move was made to incorpor- ate the town of Carlinville. The work of these early settlers, from 1828 to the finishing the brick court house, to me has proved all new, and as interesting as it was new. The notice of this last meeting was done by Dubois, and well done. His work in that old docket is the only work that demonstrates culture. There are even now few who could equal the record he made in that docket in the Wilson case, for the defacing the record and malfeasance in office. Who, now, among us know anything of our city, then organizing with only 23 votes, but none against it. Is there any place, in the state, now, where an election could be had with ten days' notice, of such importance, and have all in unison? None against it. Only 84 23 votes at the meeting. Think of any meeting now to or- ganize a city with only 23 votes. Shakespeare's ''Rabble- ment" would have more votes than that. They would, how- ever, be not of the same metal. The more votes now, the more ill-health in the body politic. That court had, even then, some idea of dignity. In the item of Burke's being empowered to procure weights and measures for the use of the county, according to law, they st,le hiu! B. T. Burke, Esq. That was in 183S. You see Burke was even then an important man. Well, I became acquainted with him soon after I came to Carlinville, in 1863. I think he then boarded at the same house I did. After that I had dealings with him, and I will say this truth, to me, he was a grand man. Some were prejudiced against him. Per- sons prejudiced can never see straight. They never knew him. A jury in the circuit court would give more weight to his evidence than to a dozen of other witnesses. I know some who cannot tell truth out of court, nor in court. Some car^not Icll truth even were they to try to do so. Born wrong. Burke was a man of truth. I used to think that his merits were not suflicieutly appreciated in this county. Think of such a man being swerved from the path of duty to the people in any of the halls of legislation. Think of a man like him voting for an iucfirporated company, say the Building Asso^ ciations, to jiay no taxes. He would vote all must be taxed under the names they are known; sue and are sued any other method is fraud. That is what he would do. Burke never refused to help any one that showed an honest effort 85 to help himself, when appealed to for such purpose. He did believe in the action of man being self-supporting, and not a beggar, when work could avoid it. I am not aware of any case where he oppressed the poor. I do know when they did "bite" him, ran away in his debt, and yet he made no com- plaint. He was a gentle landlord. He had also considerable ambition. You will notice that David McDaniel had an eye to in- dustry, for above it is shown he got !if230 for fencing about the brick court house. You see that as early as 1838 that Mr. Chesnut was ap- pointed clerk by that court, not then going to the trouble of announcing his name in the papers for that purpose, with costs; not going to the unhealthy method we have now in our midst of furnishing beer, whiskey, money, Sundays as well as week days, to seduce voters from the path of justice and rectitude, when they vote as the belly dictates, instead of as conscience and rectitude demand. Of course this does not apply to all voters. That voters are seduced is going to work some day a hardship that will poison the whole ma- chinery of the government. This sin will yet find them all ont. God's eye is on them. No evildoer from that of Cain to this time can escape the retribution. Those who will go back on friendship, right, justice — also their pledges — are sowing to the winds, to reap the whirlwinds. In that docket there is only one case of malfeasance in office shown. That is the case of John Wilson, clerk, who 86 was ousted or removed by the court for altering and falsify- ing a bond. You see they took some tare of prisoners in those early days in this county, for Jeff Weatherford was allowed by that court f2.50 for furnishing a "straw bed for prisoners." It is also seen that B. T. Burke did not have to canvass the county in 1839 for the office of revenue collector of Ma- ocupii> The court did the work — appointed him to the office Then they styled him "Esq." In my time he was styled "]V'f jor." In the year 1830 it is seen he got a license from the court to keep a "public tavern" in the town of Carlinville for one year, and he paid the sum of $3.00 to the clerk ,with costs. You will notice how the "plan" of the brick court house was changed, "dispensing with stone caps," and "turning brick arches" instead; also the "sills for windows dispensed with" and that of walnut ones received, and here was a re- duction to the county of |170. I have known of public works where there were ordinances made, making essential changes and alterations from original ordinances and that in favor of the contractors and against the city. Very many more dol- lars than this amount stated in that docket, but no money deducted to favor the city. Things are not done that way now. That whole docket of some 13 or 14 years time does not show the words "boodle" or "tramp." Think of deduct- ing money now from contractors in favor of the payor? It would not be considered "smart," nor "up to date" business. 87 That item in tliat docket is worttiy of perpetuation, as show- ing that both sides were dealing justly, "on the square." As to taxing negroes and mulatoes then, this was new to me, filing in that court certificates and bonds, and David A. Smith and the good old Doctor Robertson, long since dead, they appeared to stand by the oppressed. That they must not be a charge on the county, and must behave or demean themselves in strict conformity with the law. How things ha^- J changed since those days. Wonderful that men at one age or time do things, as right, which at other times or age seem so strange and wicked. The idea of those poor fellows called upon to give bonds to that court, simple and yet, in power, regal or kingly court, is certainly new to me, and demonstrates that our Caucasian race was never behind in the elements of tyranny to the weak. Is there any history of their ever repenting or being sorry for wrongs committed upon the weak of any race? Even this little item gives one something to think about. There are many white men to- day, everywhere — nay, thousands; perhaps millions — who think they are free, who are forever in a state of vasalage and misery. In a state of want for the necessaries of life, which the good God grows and reproduces on the soil, if cultivated, which the lords of the world manage to keep labor out of such fields. They keep millions of acres for grand men, so born, as they think, to hunt on. Then the poor na- tives can fly westward to the land of the free, which is be- coming a field for "boodlers." You see how simple the thing was done, when John 88 Lewis M'as appointed by the court on that old docket county treasurer in 1837. His bond, |3,000— White, Wood and Wil- son securities. I suppose there were no banks here then. I see no mention of such grand celebrities, nor anything about banking embezzlements. I see nothing of bankers' names to these bonds in that court. To have a treasurer in these days of a county without some of these big names would show, or seem, that the official was not of so much wonderful import- ance in the community. The ones you go with now give you reputation and prestige. Can it give one true character? I have an opinion on this point. It is said it is prudent, some times, not to tell all you know, even though you tell the truth. Think of Elisha Starkweather being allowed |8.75 on that docket for boarding and attending a "poor sick man." I have in the last year heard of one man dying of want, ill care, and poverty, when I know of efforts made in his behalf from the proper authority, without avail. Yet, no one is hurt. Great country. The law of the "survival of the fittest" is the magic thing men are after now. The wheat dies in the ground — it loses its original plumpness before it sprouts, to grow and multiply anew many fold. It appears to me that man also must die, before his soul is permitted to fully see truth, jus- tice and fair play to all. "Having no respect of persons in justice, for a loiece of bread he will betray thee." You will see the "favor rates" of that court on that old docket to limit public houses or taverns, making rates above which they rould not charge. If such were now done, yon 89 would hear many clamor, decrying it to pieces, and say it would be anarchy of the government. They must have their freedom to make their own contracts for their own things. Yet they must see that their freedom is limited in drawing in- terest, and the time a note or mortgage runs, without dying. Whiskey, per half pint, 12-| cents. I suppose he thought this would be enough for each one that put up at the tavern. At that time beer was no higher than cider — each per quart, 12J cents. It says the several taverns could get these rates "but no more." This last phrase, "but no more," seems to me hetilthy. The old days certainly must have been favorable to the consumer. I notice the good-hearted old court made no threats on that docket, in commanding his taverns what to charge. It did not utter threats; if they should violate his commands in these rates for board, whiskey, beer, wine and cider, as well as jin and rum, that they must be whipped, or go to prison. In those days the people revered the law — there were but few transgressors. In these items on that old docket, I can see the law and action of that court — both were just. Xeitlier done by tricks, nor deception, nor partial, nor one-sided, nor for classes on pretense of it being done for the whole people, or under gen- eral law. Xothing is seen of that kind in that old docket, which, with all its imperfections of learning, I have learned to love, and am now giving vent to thoughts for the young and old, high and low, learned and unlearned, legislative and judicial. State and Federal, from city, county and State, to that of the Federal government. My thoughts and arguments 90 on taxation will challenge all legislation — all construction of the courts on the statutes I have seen in that regard, both State and Federal. It will be found true that there is no judge in our country but what will be benefited by a study of this book on this question, in searching for what he must know, should he be a true friend of justice and the people, as well as a lover. of solid government, with institutions that ought to live forever. The docket in one place shows that Seth Hodges got .*-ls.3.3 1-3 as undertaker to erect the court house. This was in 18.30. Again, the docket shows this entry: "Ordered that Seth Hodges, undertaker to build the court house in Carlin- ville, for the county, be allowed the sum of 1.37.33 1-3 for erecting and iinishing the same, and for extra work done on the same. — Sept. Term, 18.32." So Mr. Hodges got in all for building the old log court house, 18 by 24 feet, the sum of 110,5.66 2-3. This item shows the way these old settlers in Illinois began to do business. These men were honest, frank, not "puffed u])," truthful, and knew nothing of tricks to de- (I'ive, knew nothing of "boodle" and lobbying. These were the men that would run to wrest a neighbor's ass or ox from its swamping in the ditch. Nowadays a young man, or young woman, attending a dance would have enough expense on their backs to build more than a score of such court houses. Some of these modern folk, with much impudence much brass, would turn up the nose at that building. They would not acknowledge their fathers hewed the logs and built it. They tell us the "world is getting better, getting wiser." A 91 world of honest labor, frankness among men and women, too, and that without guile, when each neighbor can have confi- dence in the other neighbor, then the world will be better. Then the world, even of professing Christians of all denomi- nations — I do not except any — will be better than they are to-day, or have been from the time of the Jews in the wilder- ness to this very hour. Of course, I do not hold there is no good persons among these. There are some, even many, now saints on this earth. They will do to "bank on." It may be their worth spares the world from destruction. The wicked, the transgressor, the boodler, all these are blind spiritually. God's grace is far from them, and so they grope in darkness, till at length they come to grief. "The wages of sin is death." It will be seen that John Chapman got -$1.5. 00 for board- ing a pauper three months. Also that John Lewis, county treasurer, got |7.5.00 for listing the taxable property of the county for that year. What a pity such property was not listed now, in the county, instead of having swarms of officers everywhere to do so, which forever cause irregularities and errors, and confusions, and wrangling, and displeasure among many. It is like so many different officers or generals running an army, each one being the "boss," instead of one general- in-chief. The army would be run to death. Here the tax- payers are run in the same manner, with a swarm of officers, assessors and collectors, all running in evei'y township each year, making things lively for those who want a good time at elections. So much confusion in the whole system of tax- ation. It does not comport with proper order and good gov- 92 ernment. How simple was the old method shown in that old docket. That court did the appointing of one set of officers, who gave bonds, and did the work of the county. Now there are as many in each township drawing pay. The end is confusion. The end is crooked, unfair, irregular, in some cases partial, some taxed, some not. There is no necessity to raise one dollar in five, as is now done, by taxation. Every year worse and worse. The work reminds me of a railroad wreck off a deep embankment or high bridge, where so many meet death at .the twinkling of an eye ; the papers tell us "none to blame." It was your misfortune to be there. "If you don't like how you are taxed move out." You can see how the court ordered a change made in the levy of taxes, by ordering the sheriff to simply collect on personal property one-half of the former order, which was only one per cent, ad valorem; and then the treasurer to re- mit one-half "his charge" and so much of the former order on the docket as conflicts with that one was "null and void." One-half of one per centum on the valuation of property was law. How much is it now? In the country about ten times us high. In the cities from fourteen to twenty times larger. Is not a man foolish to undertake to build him a large, costly house, to live in in the city now, unless he has a bag of "stuff" — yellow at that — that can never "give out." At the March Term, 1838, there is this entry: "On this day came John Gray, commissioner for and in behalf of the county to sell and dispose of the lots in the town of Carlin- ville; appeared and made a final settlement with the court 93 for all the lots sold by him in said town, and paid to the court the amount due the county thereon; therefore, it is ordered by the court that the said John Gray be exonerated of all claims against him as commissioner aforesaid of said county." Here it will be seen that one can not know from this en- try by the court of this settlement by Gray, whether there was a written report or verbal. The court does not say. It does not say how many lots were sold by him — how much he got for them, nor how much was paid into the court. Yet John Gray was a good and faithful servant, as I take it, and so he was "exonerated" by the court. I have now copied at some length from that old docket, so long lying at rest among the court's cobwebs — lying there unindexed, undressed, unrecognized, from 1840 to the pres- ent time — seventeen years more than the sons of Israel spent in the wilderness. I have copied you these sections of a statute passed at Yandalia, printed at Cincinnati in 1829, creating the county of Macoupin, giving it legal government life, and which also, unfortunately for the county, was suf- fered to rest among the cobwebs, deserted and unknown, till I now, and believe for the first time, brought forward as the teij to unlock the questions of the court house bonded debt. Of course, some, perhaps very many, may say: "0, too late now to do anything." "Better late than never." Suppose I tender what tax I think is just, or I ought to pay of right. The officers refuse it, unless I pay all. Sup- pose I resist the item for court house — I refuse to pay it. My 04 land is then returned to the county clerk's office as delinquent. In that court they proceed to get judgment against my land for the taxes. Ko one will buy mine. They formerly did so, but they have learned better now. ■ They see it won't pay. They have ceased to stick their nose in my tax business. Then the land is let down to the state, by law, unless I enjoin the sale. In that case I file a bill in equity in the proper court, where the other side is compelled to show all tlieir ac- tion just and equitable, else they become defeated. Here it is in order to take up my four questions, which I promised to do, and, First. Where is the land that was donated to the county forever? It may be said "it was laid out into lots and sold to build a court house and jail." The docket does not show how much the lots sold for, though I shall yet see how much the deeds called for, and then can make an estimate whether they went beyond the power given the commission- ers' court by the act of the General Assembly, which was to sell to the interest of the county, and to reserve enough of the thirty acres for jail, court house, and other public buildings for the use of the county, and when the place was selected for these buildings, or the spot for the seat of justice, then there it was to remain forever, and no power on this earth can alter or change that legislative act then complied with by the commissioners, and Hodges and Good donating the land for the purposes set forth in that statute. That act was made for me and all others who thereafter should become citizens of ^facoupin county. It must be known that the of- 95 liceiis can not do as they please in the administration of the people's business, or their legal affairs. They take an oath to discharge their duty according to law, and their best abil- ity. Their best ability for the public good. This is not sim- ply formal. They must substantially comply with that oath in administering the laws to the pleople's good. Where is the ground on which the old log jail and log court house were built? Of course the ground did not fly away^ but where was the power to divest the county of that ground? That ground or spot which was accepted by the court for the county, under that statute, is the permanent spot for these buildings yet — it being the permanent seat of justice for this county forerer. The legislature cannot change it. The legislature cannot legalize the debt, so as to sell or for- feit my land for taxes to build a court house and jail at any foreign point from the original spot which that court accepted and found in that old docket, and I thank God for his good- ness to me in giving me a will and nerve to work for the right, against mountains of crookedness and gross negligence in the transaction of public business. To me it is easier to do the right thing than the wrong one. In working any problem in flguies, when you work it right, all is easy. When you go wrong, even a unit, then, the more you add, subtract, divide or multiply, the worse it becomes. It is so in this business. They have gone wrong. I do not here now charge that the officers who built the court house were aware of the law of the case, and the facts as I have demonstrated from the stat- ute of 1828 and 1829, and this old docket of that court. In 9G fact, at the time they were building the new court house, I thought it was for the men of wealth and age to straighten things crooked. I knew little of the legal rights on either side, nor would I now were it not for this docket and this stat- ute. With these, everything is day light in that wilderness of strife, ill will, much turmoil, and a mountain of debt to be paid in boodle taxation. "We have sown to the wind — we are reaping the whirlwind." CHAPTER VII EDUCj>TION. That the youth of the land should have an education, and that at the public expense, there is now hardly any question. But how far at the public expense such is to for- ever continue is the question. That the youth of the land ought to read, write and know the ground rules of arithmetic there is no question. But when it is sought forever by tax legislation to burdeu many with more than common sense — more than a necessary education of the masses under 21 years — then its utility, its justice, may be questioned. Can there be one now found who has received his education under this "free school" system that ever prays for the tax payer? Can one be found whose heart is always grateful to the laws which grant the boon? Shall laws be forever made that so tend to destroy gratitude in the human heart? It is said: "The gods help those who help themselves," The Indians 97 have been helped — educated perhaps for two hundred years. How much good has it done? They have been fed, clothed, educated and preached to. The result is fruitless. The old habits, the old Indian freaks of nature, will assert them- selves, "('an the Ethiopian change his skin, or the leopard his spots?'' So many foolishly think the Indian can be civil- ized by teaching him the ways of the white man. So many also think that by the stufling of education into the youth of the land for all time, and that gratis, the result is healthy and blessed. The result will make them a grand people. I am not of this way of thinking. I am not a believer in the "stuflflng" process. It is said: "Where there is a will there is a way." That is he who has a will to do will always find a way to do it. Who puts the will there? Certainly not the teacher, nor the school. He who created the heaven and the earth, and gathered the waters above and below into one place and called them seas — He gave the will. In some this will is more prominent than in others. In some it is forever weak. Education can never change the result. Education cannot make all alike mathematicians or linquists, or singers, or musicians, or orators, or logicians, or poets. As the embryo is created, its bounds are fixed, beyond which the man cannot go, no more than the proud waves of the ocean can overflow, overstep the sands and bars there made to back them in. "Hitherto shalt thou come, but no further — and here shall thy proud waves be stayed.'' The idea has gone abroad that the more free education the less crime. Were this true its advocates might be con- —4 98 sidered consistent. But it is not true. The great moral wrongs seen in legislation, federal and state, since the war, have been all done by the educated. Instance the congres- sional salary grab, voted by and for themselves each $5,000 as back pay. The presidential electoral commission, made up of five from the supreme court, five from the senate and five from the house, all educated, all in a raffle. They pretended to count the votes. At length it was named the ''7 to S" pooling machine. One man fixed it. His politics did it. He counted "Hayes in, Tilden out. That one count made Hayes four years term |200,000, and swarmed the country with .\ouiig heroes who served their country for pay. That one count was the killing of justice, and the praise of crime by millions. The mighty embezzlements seen and read of since the war are all by the educated. The cremation of his fel- lows for the insurance money was done by the educated. Holmes' History and facts are against the side of those who wish to make a great people by "free education." What do we wish to educate? Evidently, the intellect. Some think if the young are stuffed full of figures, or other intellectual knowledge, without any appeal to his heart, which is the quicker and safer guide, then they will be all right in the da.As of manhood. Some think the intellect alone must rule the man. It is said: "The heart is deceitful above all things and desperately wicked." How much time is spent in any school now to correct and chasten this thing? How much time is spent now in any school to frown down on anything base, on anything by which one might take advantage of his 99 fellow by deception? How many teachers are they in these, our boasted "free schools," that appeal to any advancement outside the intellect? Is the thing called the human heart ever mentioned? The idea is, the whole man is moved up or down, great or small, rich or poor, good or bad, honorable or dishonorable, true or false, grand or low, by that gray matter, the doctors term the brain. This is the organ of calculation. The organ of figures. It is the organ of reason- ing — sometimes right, sometimes wrong. The heart decides rapidly. As quick and true as a flash. He whose heart is free from guile, and there are such persons. You will find these are always in the right, though often proclaimed wrong by those who are incapable of understanding them. If the heart is so desperately wicked it may be asked: "How then can one be free from guile?" Simply because the great Teacher of this doctrine also taught sorrow for sin or wicked- ness. True repentance, true restitution. "If the wicked re- store that he hath robbed, and cease iniquity, he shall sure- ly live and not die." It would seem that man has in him two forces — the posi- tive and negative. These are always opposed to each other. They are not unlike that of good and evil, right and wrong, love and hate, stingy and generous, slowness and quickness, dullness and brilliancy. As the youth grows these things in his nature will be found more or less and so as the one side or the other becomes the more prominent, his desire will move in that direction. His mind, or passions, or muscles will move him in the line of the more prominent forces. Right 100 here is where the education of the heart should begin. If the evil forces predominate, then let them be put under restraint, just as one in his garden cuts down the weeds and briars or thistles that encumber the growth of the crop. It is very clear that the farmer can not raise a crop upon his farm un- less he devotes his attention to it. A time to plough, sow, cul- tivate and a time to reap or take in that which is matured. In this case the careful farmer is alive to all movements in the work to be put on in and about the raising of that crop. He leaves nothing for chance or luck. So should the boy's education be, not simply that of stuffing his little head with so many things of no utility, no appeal to his young heart, that to be "good is to be happy," but on the other hand filling his head with a false ambition, that if he becomes a great sol- dier, scholar or orator, then he will go to Congress, or become governor or president, when the "labblement" will cheer him as their chief. The education of the land today is in this di- rection. Yes, and for years past. Xothing ill, nor false, nor unhealthy should be taught the young. As he grows up, so shall be live. As he lives, so shall he die. "Stand thou here by me, and I will speak unto thee all the commandments, and the statutes, and the judgments, which thou shalt teach." •'Thou shalt teach them diligently unto thy children, and shall talk of them when thou sittest in thine house, and when thou liest down, and when thou riseth up." -And these words I command thee shall be in thine heart." Who now stands by the statutes, commandments and judgments? Are they taught in these costly, boasted free schools? It might be said 101 that the old laws are of the past, and are upset and aban- doned. That we are under the new dispensation. The human heart is the same everywhere. Truth is the same also. Two and two make four in all places, and at all times. Moral laws have been the same at all times, but these laws are not taught nor impressed on the j'outh's heart by the teachers. The cul- ture that is needed for the child is not given, because the par- ents, themselves, never were imbued with the blessed boon. So all sides go to seed, and the result is tares instead of wheat, sin and uproar, instead of joy and peace. What reader of these thoughts do as Moses thought? What parent teaches his children the great moral laws of God, when he sits in his house, when he walks by the way, when he lies down and rises up? Is it to be wondered at that things are going to seed and that misrule is the order of the day? This kind of teaching would be sweeter, healthier, cheaper than the stuflBng system practiced on the young in free schools, by bur- densome taxation. The advocates of all this great taxation for free schools, and futile accomplishments of that grey mat- ter, the intellect, who claim the work is goiug to make us a grand people — never think that the kind, great man Lincoln, was not burdened with the stuffing process of hardly any schooling in such like tax institutions. The great lawyer of New York, Charles O'Conner, got three months' schooling — no more. It is said of him that for fifty years he was on one side or the other of every big case that went to the Supreme court of that State. That any case that was one year in the lower courts, he would reverse in the Supreme Court, upon 102 the pleadings or upon some mishap of counsel in the case. Perhaps there never was a man of greater will power than General Jackson. His New Orleans battle, his work on the national bank, and nullification demonstrates all this. School learning did not give him that will. It did not give him much of anything. His early advantages were those of a waif, having hardly any one to care for him. God cares for some people. He brings them up to confound scribes, Phari- sees and hypocrits, men who assume all wisdom, all accom- plishments, but had not sense enough to know that Jesus was king of Israel. Such men are here today. They are as sure to be here for all time, as that the poor are never to cease from off the land. The two celebrated English jiortrait painters. Sir Joshua Reynolds and Thomas Gainsborough, whose work so often sold for |oO,000, one single portrait, and while they painted at the time of Warren Hastings, and Edmund Burke, yet from that time to this their work has not been surpassed nor even equaled. The point I want to make here is, that those two were, like poets, born so. Neither had any education worth speaking of, nor training, in the art of this, their grand achievements. They painted because they had to. It was their genius. The mind, the task, the love, the muscles, moved them to their achievements. It was their vocation. In that art they worked as true as the needle points to the north pole. Had these two men trusted to others' teaching, it would have simply cramped them, and impaired the beauty of their work. Who taught Columbus to discover this con- 103 tinent? Who taught Edison his wonderful inventions and achievements? Education must remain forever dumb in answering. CHAPTER VIII THE CHURCHES. It is seen that the free school system is run from year to year in all the state; and in all the states, under laM'S made by men. That the system is almost uniform and uni- versal. That there is not a new method and divers divisions seen every year. This thought strikes me as pertinent to the churches. They all read the same book as God's law to man. Pray to the same God for "peace on earth, and good will of man," or "peace on earth to men of good will." With all these efforts the world over the divisions and breaks mul- tiply. Each break, each division, claiming for itself all truth, all holiness. Sometimes they think outsiders are in the wrong, which wrong, if persisted in, will bring its votaries to grief. It is doubtful that these churches, or their teach- ers, or ministers, ever consider that there is some wrong, some defect, in the organization of these churches, which are forever growing more diverse as time goes on. How strong they could be were they all united? How little it would cost each man to pay his share of the expense of running it? Here all men could hear God's word preached. Do these di- verse teachers, or ministers, ever think that in old time, in 104 Jerusalem, they had a temple. It was for all the people to go there and teach and be taught, and worship God. "They found him in the temple, sitting in the midst of the doctors, hearing them, and asking questions." "And all that heard Him were astonished at His wisdom and His answers." He said: "I must be about my Father's business." Xow, all these churches, all their teachers, all their ministers, profess that they are "about their Father's business," whose business was to teach "peace on earth," instead of war. Universal lidliness and individual love to God and man by all. "One faith, one Lord and one baptism." In one spirit were we all baptized into one body, whether Jews or Gentiles, whether bond or free, and in one spirit we have all been made to drinlf." "That henceforth we be no more children tossed to and fro, and carried about with every wind of doctrine, by the wickedness of men, liy cunning craftiness by which they lie in wait to deceive." In the multiplicity of these churches, each having a creed of its own — no two churches or creeds alike — then their members must be as children, tossed to and fro, and carried about with every wind of doctrine, by these different teachers, di- ministers, though they may not know of "cunning craftiness to lie in wiiit to deceive." Xo doubt there is little time spent in thinking over these many diverse doctrines taught by so many different organizations. Not many among the millions trouble themselves in examining their own hearts — in thinking themselves wrong, all others right. They think themselves right; all others wrong. The Greek church, the Anglican, the followers of Luther, or all 105 the Protestant chuicbes, Buddhists, Mohammedans, Brah- mins, followers of Confusius, Shento religion and Jews, these, each and all profess to be about their "Father's business."" In all wars, in the confiscation of property from its former owners to the strong, to the victors from their victims, they have always professed to be about their Father's buisness. Is it not time to ask whether the world at large is bettered by all this work of these hosts so zealously forever about their Father's business?" The poor, the needy, the hungry, con- tinually multiply in all the land. The more churches the more these kind of people multiply. In large cities, where these costly structures point their domes to heaven, here they multiply. "He that hath the substance of this world and shall see his brother in need, and shall put up his bowels from him, how doth the charity of God abide in him?" The builders of these mighty edifices are all by those who profess to be about their "Father's business." They never think that they might be about their "Father's business" just as well to build less extravagantly, and let the poor have the part^ which folly and extravagance forever crave. This folly and extravagance have so far entwined their evils into the minis- ters who run these orders that there is more time spent in preaching of money matters, and financial aid, than there is in preaching God's kingdom for the just on earth. There are some bishops in England whose annual salary runs above 175,000. Preachers on this earth, among the poor, at this large salary, teaching the ways of Christ, who said: "The foxes have holes, and the birds of the air nests, but the Sou 'Of Man hath not where to lay his head." And yetvthese think they are about their ''Father's business. All these extremes, all these divisions, all these extravagancies in churches and preaching lead to two things. The very poor have not the gospel preached to them. The very rich keep aloof from attending these orders, l)ecause they would have to pay "too much." The minister makes himself both assessor and col- lector, and so the levy on the rich man's pocket is in his dis- cretion. It has come to pass that those who preach do not go to the "lost sheep"; they rather bid them "come or be lost. Why should there be so many divine teachers of truth? If the truth simply had been taught, if the instruction had been uniform for centuries past, then mountains' weight ot prejudice which have existed for these centuries in the breasts of the masses of mankind, as against those not of their faith or belief, would never have had a lodgment. So it will be seen that the temple for the whole people, where one might teach and be taught, tlicir error and prejudice would soon dis- api^ear. "Let the dead bury their dead,'' "but go thou and preach the kingdom of God." This does not say, go first and rear a grand edifice, in the midst of some large city of sinners, and when completed, ring the bells on high to be heard afar by your multitude of sinners, and if they come not, then you Lave done your duty, and so you can demand your pay. "Let the dead bury its dead." "Come, follow me. Go and preach to the lost sheep. Teach them the way to righteousness and happiness." There is room for all in the same temple. "In my father's house are many mansions." How inter- JOT esting !siich;a place of wovsliip would be where questions could be frankly discussed by those who should be interested in do- ing good ; where those of the sheep-fold might be truly known, where the ways of peace and holiness to the Lord would so advance, instead of its being as it is now, almost a dead weight. No one to speak or illuminate the heart, but the one who is paid his salary for so doing. Men do not consider that for centuries of preaching, there was no salary. God's followers preached without pay. Paul was one of them, when he said: "Even unto this hour we both hunger and thirst, and are naked, and are buffeted, and have no fixed abode." Here it can truly be said, that this St. Paul was about his "Father's business." Even then, not all who pro- fesed to follow in the Lord's foot steps did so, for he said: All were not true fathers who were ithen leading and instruct- ing the people. "If you have ten thousand instructors in Christ, yet not many fathers." You see the instruction fails, and is made void. The instruction in God's law should be imbued with God's spirit, which acts on the heart, as sun- shine on the flowers of the field. The heart so not imbued is like these same flowers, growing in darkness — they never can become mature, or things of beauty. If mankind would only consider that all moral laws, which are God's, and given us for our good, have only one right side to them, as truth and , justice. All other sides are wrong. In figures, the problem can be worked one right way — all other ways, wrong. You can not serve God and Mamon. The church can not be a suc- cess without a concert of action. They cannot be a success 108 while each pulls and works in a different direction from the others. Suppose an army was run by all the officers leading it in accordance with each officer's notions. Any one would say: "That would be foolish." It would be worse than fool- ish, for in battle they would soon be exterminated. This be- ing true of an army, why not true of an army that profess to be the followers of the cross? An army to be successful must be about their general's business — all united — all in concert of action. It is the same of the church. Success depends on unity of action — all in concert in and about their "father's business.'' "God is a spirit, and they that adore him, must adore him in spirit and in truth," not for the salary, where he is tied to one locality. He who looks at nature's laws will find they make no leaps. Their action is as true and uniform as the stars in their revolutions. Tliey move to-day in the heavens, as they did thousands of years since. The growth of the vegetable v.'orld, and all things upon the earth that grow, or live, are ijow the same as they ever were. The churches all believe God as the creator of all these things, and that he has made for them an unerring law and unalterable for their existence on earth. This being true for that world of things, why not one unerring, universal, unalterable law for his creatures of whom it is said: "For you are the temple of the living God." "I will dwell in them and walk among them, and I will be their God and they shall be my people." Suppose a heathen is converted, and when so converted may think, "Why so many doctrines?'' "I have learned mine from the Rev. Doctor 100 Smashall, and now here is the Rev. Doctor Knowall with a contrary doctrine. I is quite different from what I was taught." The bean that grows in the earth, see it creep its tendrils around the stalje, and always in the reverse to that of the sun's course. This is the law by which the bean grows. The world of men cannot grow it differently, that is to fol- low the sun's course. The world of moving, growing things, are as unchangeable and uniform as the mathematics; man alone is always at war with nature's laws. In war with God's laws, and generally he gets the worst of it. Xo doubt the world of churches to-day have a pride in having large costly structures, large congregations of sinners, perhaps many who think themselves sanctified. Large salaries for the ministers, and the better clad in "purple and fine linen," and better fed, and to do, it is thought of them, they are in the right faith, or they could not be so prospered. They must have a nice time here and a good time "over there.'' The book says: ''Woe to you that are rich, for you have your consolation." No doubt the very rich naturally think they are better than the poor. Perhaps they are so. Perhaps they are not. God knoweth. It is said God has no respect of persons, yet it is notorious that there is not a church in this country to-day but what there is respect of persons seen there by the ministers. This respect is seen to enter where the pocket is full and gen- erous to the minister. This will create more respect, more human or sinful love in the breast of the minister for the generous rich than is ever seen for the saintly poor. Is it any wonder thinking men begin to doubt that the preaching 110 of to-day is all pleasing to God? It being so discordant, di- verse, and becoming year after year so uncertain and indefi- nite. The result is not and can never be healthy. Certainly the way of the Lord is antagonistic to that of satan. The way of his followers must be also to the followers of satan. Here then are two sides— not a thousand sides, or a thousand varying and conflicting issues — and all for pay. Do they not all whc uow lead siiineis, who are about their "Father's business," demand and receive their salaries, and the world think this error — nay, great evil — is of God, who commanded his disciples to "go and preach to the lost sheep, and go two by two from city to city, and eat such as was set before them, asking no questions, for the workman was worthy his meat." The wisdom of the flesh is death, but the wisdom of the spirit is life and peace. "Now the God of patience and of comfort grant you to be of one mind, one towards another, according to Jesus Christ." That with one mind and one mouth, you may glorify God and the Father of our Lord Jesus Christ. There is none to claim that all those different creeds, or all different teachers, or ministers of these churches, are all of one mind, all of one creed, all in unison and concert of ac- tion to save the lost sheep, to release them from the pit, to take them from the company of satan to that of the com- pany of saints and angels. Nay, they are in conflict and trouble in the same churches. There is no peace saith the Lord unto the wicked. My opinion is that God's law among men, his children, should be as true, just, healthy, permanent, and universal, from love as the laws of affinity in chemistry Ill are known to be, and that law is, that all chemical combina- tions takes place in definite, unchangeable proportions of quan- tity. The book says: "The gasses which form water unite in the proportion of 8 to 1 by weight, 8 ounces of oxygen unite with one of hydrogen to form 9 ounces of water. One ounce of hydrogen will not combine with 6, 7, 10 or 12 of oxygen. Eight to one are the proportions for pure water, at all places and seasons; nor is it possible to produce it from any other proportion of its elements." If this law governs these things, which it does, these things, unlike the creatures of G-od, that are of free will. These elements are seen to be forever true to their nature; no change in their chemical combinations as to proportions of quantity. May we not wisely and thoughtful- ly and humbly consider our ways? Must man be right in his action in all these diverse churches, each one differing for- ever from the other, while this law of affinity stares us in the face, and bade us beware of our presumption. If the blind lead the blind they both fall into the ditch. I am of the opinion that the laws of God in the church ought to be as definite, unchangeable, unalterable, true and just, as it is seen by this law of affinity in the combination of these sim- ple things, which are placed on this earth for our comfort and life, whose law and firmness and perpetuity is superior to our methods of action. It is doubtful that any preaching had among men in the past has proved good, when its intention was to raise them- selves at the expense of those they labored to run dowuj That preaching which does not tend to raise mortals to the 112 skies, beyond and outside the preacher's own faith, or that of Ms sect, and which tends to raise or create a coldness in the hearts of one sect against another — that preaching is always and forever evil, and the past world has had more than enough of it. The history of the world has been always in that bad spirit. Had the spirit of love and manliness been taught for all, then there would be more followers of Jesus than there is today. Do these salaried ministers ever think that Greek, Catholic and Protestant united do not equal the num- bers of the uubeli(^vers, Mohammedan, Buddhists, Brahmins and the rest of them. The book says these idolaters are three to one of the Christian world. This being true, it is clear the salary business of the churches has not proved itself a suc- cess. These idolaters ought to be converted to the law of Christ. The salary system will never do it. But these min- isti'rs will tell you that Paul taught that he who preaches the gospel shall live by the gospel. This part has been never for- gotten. It has been always preached, and now they think Oor ordained the salary. When Paul wrote to the Corinth- ians and said: "Know you not that they who work in the holy place, eat the things that are of the holy place, and they that serve the altar, jiartake with the altar." You sec here, he had reference to the Jmvish law, where things were .-sacrificed at the altar by the people, and which was left to those that served at the altar. Then he says: "So also the Lord or- dained that they who preach the gospel should live by the gospel." Still, you see, this has reference to the old law. But Paul follows this up in the text, which is never preached. 113 because it is against the salary business. "What is my re- ward then? That preaching the gospel I may delivei- the gos- pel irithoiit charge, that I abuse not my power in the gospel.'' For whereas I was free as to all, I made myself the servant of all — that I might gain the more." You now see that where Paul is given as authority for the salary business, by its advo- cates, that they certainly do err in so quoting Paul, for Paul became the servant of all, preaching gratis, that his reward and gain might be the more in heaven. It is strange that so many have misunderstood Paul, and that these salaries have gone upward as the preachers' talent seemed to excel those of others. By this method such preachers have been con- fined to their own localities, instead of going from city to city, two by two as was commanded. Had this method been pusued all along the line, the eastern world of idolators might now be Christianized. It is said that Jerusalem is the center of the world. The new gospel, that of Jesus, was first preached there, proclaim- ing "peace on earth to men of good will," and to do as we "would that others do to us." This was to go forth from these to all men alike as the gospel of truth and righteousness — and that it should act on man as the rays of the sun act on vegeta- tion, and all other things that grow on the earth — without which rajs nothing could grow or mature. These rays ar^ forever doing good, giving life to every thing they beam on the world over, alike, year after year, and century after cen- tury. So should it be of preaching. It should act on all alike, or to see the rays of the Son of Righteousness cover the 114 world of men with the same one universal light to all, that such might be forever as healthy, as permanent, as uniform,, as universal and as unalterable as those rays of that sun in the heavens, which give life to all living things on this earth. The gospel proclaimed to be taught forever to men is true or false. Being true, why must it have a thousand dif- ferent constructions — each teacher or minister putting his own construction on the work. Words, phrases and sentences can never have but one true construction or meaning. It is therefore foolish to think that a great God who made the world, and all things in it, enlightens each of these various orders to do their work in preaching these sundry doctrines. The army of the Lord should be united as one against the army of Satan. The first should be forever teaching and do- ing good, that sin and sorrow, and crime, and selfishness, and deception might disappear from the earth, and that the vir- tues of love, goodness, charity and happiness might be our portion. It is said men should try to do right. Do try. If there is no trial, there is no judgment. If the is no struggle and trouble, there is no victory. The battle is first fought, licfiire the victory is won. 115 CHAPTER IX SUCCESS. It will be seen that my great object in writing this book is that truth and justice should rule, instead of error, injus- tice and confusion. That in the levying of taxes there should be no respect of persons, nor classes. That all alike should bear their just share of the public burdens, and that smart- ness, roguery, deception and lies should not at any time take advantage to evade fair taxation, and in this evasion put the burdens on those who are not able to bear them, whereby they are oppressed and kept under. ]\Iy views are before you on education, since it exists by taxation, I mean, the free school system. My views are before you on the churches, since they exist by another system of taxation. You may say: "Very well, this is in the line of ymu- taxation question, or of truth and justice ruling, but what have these to do with your topic, Success?" I answer that the government cannot live without taxation, any more than one can live without blood. It takes food to make blood. If the govern- ment tax that food too high by which my living is impaired, and blood stinted, I cannot live, and while the government in this act is thought a success, I must die by its act; I must die because I cannot help myself, and the world says I am a failure, but the government which caused my death is a success. This application of the government being a success 116 by its wrong act, and causing my deatli, runs all over the world, among men, in the struggle foT bread, money, honors, power and fame. They say, "The end justifies the means"— that is, one may resort to any or all means, outside the peni- tentiary, to achieve success. You never hear one say moral success. This adjective is not thought of to qualify or limit what is meant by success. As the world wags men in high places commit crimes, and yet such are thought to be a suc- cess. When congress voted itself the salary grab of |5,000 each cash it had not earned, this was a success. When one forecloses the mortgage of the dead for a small share of its value, against the widow and the orphan, and sees them poor and homeless, this is a success. When one buys lands at tax sale, and gets fat at the poor owner's expense, this is thought a success. Great Britain in ruling India, where now the millions are straving, is said to be a success. She is a suc- cess, though her parliament grants no subsidies for the relief of these millions. Her subsidies are for battleships of war to capture lands, and islands, and harbors, and seas, and all the weak of the world to rule over them for taxes, so as to make London the wonder of the world in riches and poverty. Yea, how true it is that "the tabernacles of robbers prosper, and they who provoke (rod are secure, into whose hand God bringeth abundantly." I do not know of any writer making use of the grand passage, outside the book itself. I have a right to think that I am the first to make use of it, and I am glad to wield it against a country that makes Ireland pay her .$40,- 117 tt(»0,()On yearly in taxes and |80,000,000 in rents. With such robbery she is yet secure. Yet a success. She prospers. No subsidies came from her parliament to succor the Irish fam- ine in 1847. It would seem as though harsh words should not be used against this, that or the other which is a success. Xo, not even when this success Is to the other's injury. When the tax takes my food from me, leares me in want, impairs and stints my blood, so I must die. The first is a success, the latter a failure, as the world sees it. The world somehow overlooks suffering, but emblazons that which glitters in all pomij and glory, as the crown of success. I have long won- dered at this. It is the case in all history. In all the schools, colleges and institutions of learning, their votaries are thus imbued. Earthly success is their goal. All their composi- tions and declamations run in this channel. Human success in the main is not my idea or definition. The possessing of wealth is in the eye of the masses success. The wielding of power in office is in the eye of others success. To be the leader of the people is in the eye of many success. Examples of this kind might be extended to pages. Justian taught this: "Live honestly, hurt nobody, and render every one his dues." This man considered this success. Who does so now? He who does is not now considered a su<'cess, unless his pocket is heavier than his brains. Perhaps among all sinners, in all time, no one thinks but what some other has been more of a success than himself, while that other thinks the other one is more so than he. Sometimes you see one a success for a time, as in the case of Aaron Burr, and then comes the ebb' of the tide of success to him, till the world says, "He's a fail- are." It should not be overlooked that the Lord said: "The foxes have holes, and the birds of the air newts, but the Son of Man hath not where to lay his head." He did not teach that fortune, prosperity, happiness, or success, was in wealth. When one said, "AA'hat shall I do to be saved?" He said, "sell what thou hast, give it to the poor, and follow me." He would not have said so if earthly possessions were the proper success. Yet, it is certain that among sinners in this world the poor will never dance with joy over the price got for land sold in this way. In other words, sell what they have, give it to the poor, and take up their cross and follow Him. It has been suggested, had a law been enacted that no man should get a salary for preaching in the churches, then how many would be left us working for the love? They would fly away like those sinners did that were commanded to throw the first stone. It is doubtful whether the amassing of wealth by individuals and corporations, in the end, proves a blessing, or even beneficial to them, or the world at large. You can see this result from wealth. One has his heart on it. His every thought is for gain. His days are of labor; so are his nights. He takes no rest even on the Sabbath day. His ass, his ox, and servants are always "on the go." It is all hurry, early and late, to the hour of his death. Wealth is amassed but nothing else, and in a short time this flies away. He dies as he has lived, in a hurry. He leaves a will. This gives the estate to the widow for life, after that to the children in fee. Now, the scribe who wrote that will did not understand 119 his business. The scribe and devisor never thought that will would ruin the estate to the children, in a few years. They thought that this life estate in the widow would preserve the land to the children at her death. But not so. The chil- dren mortgage their interest in the land, and the widow may yet live twenty or more years, and this mortgage and inter- est on it, in that time, sink the estate. It destroys it to the children. Now, this man in life was said to be a success, but this will is the destruction of the children. "Praise no man before he is dead." Another case. One amasses wealth, then he is gathered to tis fathers. He leaves a will. The widow renounces it. She and the children go to law about it. All become "mad at each other." It becomes a small war. The will is broken. The estate is divided, not to the liking of any of the interested parties. After years of liti- gation in the courts, with tons of costs and expenses, this estate flies away. This man in life was said to be a success, but his will is the destruction of all he left behind that he cared for. There is not a county in this state, perhaps in any state — nay not a township, but what the records will pro- duce such examples. This being true, where is the success? This being true, the world wagging, does not fathom its true definition. Indeed, there is a large body of men in this world, doing business, most of whom think they are honest, simply because they may not owe debts, whose work and trafflc with you and me — with so many — here the gain is always on their side; with you and me and so many who give our money to thera. getting in return injury instead of a healthy equivolent :20 for our money. The motto of the wise man is to hurt nobody. Ho that wherever one is said to be a success, see that he has hurt no one to obtain his end. If this is right, as I think it is, th( n it will be found by all our institutions of learning, and by such large number of men, or people, that the word suc- cess needs a better, truer definition than the books yet have given us. Who was Aaron Burr? There is no case of success so striking as his in this country, till on the morning of July 11, 1804, when he killed Hamilton. His father and mother were no ordinary persons. This father was the second president of Princeton college. His wife, Burr's mother, was the daugh- ter of Jonathan Edwards. From such parents Burr inherited more than his share of brains, or intellectual elements. He entered Princeton College at the age of thirteen. He gradu- ated at the age of sixteen, and won laurels over all other stu- dents there. After this, he volunteered in the continental army against Canada. There, with Montgomery, he distin- guished himself. When his commander fell in the field of battle, and they were compelled to retreat. Burr carried his commander's dead body out of the reach of the enemy. His bearing and genius brought him promotion in the army. He was given the command of a regiment. When the revolution ended. Burr settled in Xew York, opened a law office, and married. He was ambitious, aspiring, and, like King Herod, would down any or all obstacles in his way to success, were it frieuti or foe In th.^ destruction of anything or person that stood in his way, he had no element of delicacy nor mercy. 121 With him, "the end justified the means." Very soon he and Hamilton became the leaders of the Xew York bar — each op- posed to the other, till the people were divided, as to which was the bigger man or the greater lawyer. Bnrr was restles.-i. He wanted everrthing and all things. He would outshine the world of men in his way. So he waded into politics. He became a member of the Xew York legislature. Six years after he became Attorney General of his state. Two yeais after, he became Senator of the United States. One year after, he TN-as nominated for the Supreme Court of that State, which he ■declined. Seven years after, he was voted for as president of the I'nited States — he and Jefferson getting the same number of votes. The election then going to the House of Represent- ativis. Jefferson was elected, and he became Vice President, in -nhich he also distinguished himself for impartial rulings. Yet he is not satisfied. He must be restless. He and Ham- ilton think the world is too small for them both. One must be put out of the way of the other. Envy, tales, slurs are fostered or told Burr to his disadvantage from the side of Hamilton — and so the challenge comes from Burr to Hamil- ton. The duel is had, and Hamilton is mortally wounded. Hamilton's fire, though first was harmless, then Burr took aim and killed. At this point Burr could have done better, by saying, "though I hate you, I spare you to your family." This would demonstrate moral courage and greatness. Then Hamilton's life were spared, and then the world would have never beard, or have been troubled by his adventures, mis- haps, misfortine. and supposed treasons with the afflictions 122 and ruia of the Hlf'iiui.'vhasseTH. and that Richmond trial that lasted six months, where, at length, he was acquitted, no overt act being proved against him, to make treason. The mo- ment he killed Hamilton, his success ended. This was his Waterloo. Not a spot of God's earth but cried out against him, like the curse of Cain: "Every one who would find him would slay him." Burr, at length, fled to England. The more days he spent there, the more wretched and forsaken he became, while among men in high places he proved himself a master, but over there, with this cursi' on his head, he was as an infant in the way of self-support. He was forced lo roast potatoes in the hot ashes, to satisfy his hunger. A great ship or whale can only sail, or swim in water. Law and politics were the elements Burr could move in and conquer. Burr's parents died while he was a youth. No doubt had they lived to old age, they would have taught him the com- mand, "Thou Shalt not kill," or in the words of the wise man, "hurt anybody." Were these principles in the heart of Burr, his career would be a success. Had these parents lived, and said to him, "Son, stand here by us till we teach you the com- mands, judgments and ordinances of God, and let them sink deep into your heart." With these Burr was safe. Without them Burr or any other man on earth is like a ship sailing the ocean without a compass — she must sink, while with the com- pass, its needle forever points to the north — the ship and crew are safe. This compass, this needle, this magnet, is like the conscience of man, perhaps his soul, where the spirit of God is, such man is grand and secure. This body, the temple 123 of the living God — why should it ever become small, mean, hypocritical? Why should it be a Judas? The strangest thing to me in Burr's life is that one can find no where, when he meditates over the past, nor bemoaned lis sad fate, when the world was against him. Nor does he clamor about his being apprehended for treason, in getting up an empire in Mexico^ — nor do we see that he wept when he learned of Thedocia and her child on ship board going to the ocean's bottom. It is said that the world does not reason. It looks to the end. It wants the battle won. It does not care for the means. Success or victory is what it wants. To this end it will destroy any obstacle in the way. Powder and bull force and blood are its weapons of warfare. It seems that not many ever think of their end in the amassing of wealth, nor in their achievements for office and honors. The applause of the world is what they are after. In all history I do not know of a man, good or bad, who was more of a success than King Herod. In the making of cities success came to him. In the slaughter of the innocents, the male children of 2 years and under, success came to him. He became a king from his low station as a private citizen, and reigned 37 years. In all that time he proved to be as barbarous as Xero, and cruel as Calligula. Yet, he was a success as the world sees it. In all his war battles success came to him. When the wise men of the East came to Jerusalem to worship the new born King of Israel, he told them to seek his abode, and bring him word, as he also wished to adore Him. He was then King, but see 124 here how he lied and wanted to deceive these wise men— for he desired to kill the babe. Here his depravity was found out— and so no word was brought him of the abode of the Prince of Peace. Herod was a success, for at his death he left wealth in abundance to all his kindred. He left them gold and silver, land and provinces. Of him Josephus says: "When he had done these things, he died, the fifth day after he had caused Antitaler to be slain. Having reigned since he had procured Antigones to be slain thirty-four years, but since he had been declared king by the Roman thirty-seven. A man he was of great barbarity towards all men equally, and a slave to his passion, but above the consideration of what was right. Yet, was favored by fortune as much as any man ever was — for, from a private man he became a king — and though he was en- compassed with ten thousand dangers, he got clear of them all, and continued his life till a very old age. But then as to the affairs of his family and children, in which, indeed, ac- cording to his own opinion, he was also very fortunate, be- cause he was able to conquer his enemies, yet in my opinion he was herein very unfortunate. Y^'hat troubled him most was that he was going to die without being lamented. He wanted a great mourning at his funeral, such as no king ever had before him. As soon as he had given up the ghost, they must place soldiers about the hippodrome, and that all im- prisoned should be shot with their darts, and that this slaugh- ter would bring on a great lamentation from the friends of the slain "and all would take it as a proper mourning at the 125 funeral of him. The body was canied upon a golden bier, embroidered with very precious stones of great variety, and it was coTered with purple, as well as the body itself. He had a diadem upon his head, and above it a crown of gold. He also had a sceptre in his right hand. About the bier were his sons, and his numerous relations. Xext to them was the soldiery, distinguished according to their several countries, and denominations — and they were put into the following order: First of all went his guards, then the band of Thra- cians, and after them the ( Jermans, and next the band of Gal- lutions, every one in his habiliments of war — and behind them marched the whole army in the same manner as they used to go out to war, and, as they used to be put in array by their muster — masters and centurians. These were followed by five hundred of his domestics carrying spices. So they went eight furlongs to Herodium — for there, by his own command, he was to be buried." Now, this is a long passage I quote from this great author of the "Antiquities of the Jews." It will be seen that while he thought this king a hard case — the hardest of his race — yet through life he was in the people's eye a suc- cess. This success was of the flesh, not of the spirit. It was the bear tearing to pieces his victim. He was a slave to his passions, above the consideration of what was right, yet he was always favored by fortune. In all his efforts or under- takings success came to him. Now. in those heathen and bar- barous days, this author did not think him a moral success, because he was above the consideration of right. You see 12(; that five days before he died he ordered Antipaler, his own son, to be slain. Then, upon his death, his other order of a jrolden, pompous funeral, aud great mourning, but lest his friends should "go back on him" and not weep over him, all those imprisoned must be shot with their own darts, so that the friends of the slain should weep at this sad act, and then the people would all think the weeping and wailing was for him. HypocricY and deception, like this, is not yet dead in this world. Such is taken for smartness and ability. Where in history is there anything more horrid, and cruel, and un- wise than this? He had been running things in his own way fov forty years, so he thought he must so run things after lie gave up the ghost. His funeral must be more august than any one preceding it. In order to have his death mourned he must slay men. When I was a child, on seeing our; of those glittering funerals, I thought I would like to die, if I could have such a funeral. I knew nothing then of Herod. But in my school days, whenever there was an essay read, or declamation on success, and they were many, I always had before my eye this funeral of Herod. Though I was then too young to think I knew more than Herod, and gave no vent to my thoughts, I now think I was then right, for let me ask where is the utility of that or other wonderful funernls? Somebody must pay for the display. Labor alone tan procure such. Some have to sweat that the funeral may be seen of men. Is it not strange that people cannot see truth, justice and utility? They must make display and lamentation over this 127 tyrant's dead body by bands of music, of various nationalities, and the multitude as well, all in the habiliments of war, en- acting this farce, disgracing human nature. Poor human na- ture had run so low that these very men took a hand in the killing of the Prince of Peace. They could give Herod a funeral, but they would spit in the face of the Son of Man, clamp a crown of thorns down His head, scourge Him, and then spike His hands and feet to a tree, leaving Him there, torn, bleeding, dead; and the descendants of that rabble yet live. Ancient farces are not yet dead, and this world suilers wherever the moral law is broken. Emerson says there is nol a spot on this earth sufficiently concealed to harbor a rogue. In other words, "his sin will find him out." Let it be here recorded for all readers, and all persecution, that such advances the cause of its victim rather than block it. Here it must be recorded that the Jewish nation was not supposed to do as it pleased. That its great Pharsees and scribes were supposed to be great sticklers for the law of Moses. That law was to stone sinners to death, not to nail them to a cross or tree to die. This was the Roman law. So that you see this rabble transgressed their own law, even were the victim only a man. The whole pack from start to finish was a mob — a lawless one without sense, nor mercy. If any one were to be executed they could not by the Jewish law dc so on the cross. Hence the book says: "He that is without sin let him cast the first stone." "The hands of the witnesses shall be first upon him to put him to death and afterward the hands of the people." "Bring forth him that 128 hath ciiised without the camp, and let all that heard him lay their hands upon his head, and let all the congregation store him." "And he that blasphemeth the name of the Lord, he shall surely be put to death, and all the congregation shall certainly stone him." "And there came in two men, children of Belial, and sat before him, and the men of Belial witnessed against Is'aboth, in the presence of the people, paying, Naboth did blaspheme God and the king. Then thej carried liiiii forth out of the city, and struck him with stones, that he died." Tliv-^e quotations from the sacred book show that rabble, that mob, were all law-breakers, were they simply after a plain citizen. The court or sanhedrim itself had prejudged the Son of Man. It acted as detective to bribe his friend and follower, Judas, to betray his night resting place to that court and its soldiery for his apprehension. The witnesses then were not sworn as now. The accusers must first lay hands on the Aictims head, and after that the hands of the people, and let all the congregation stone him to death. In the case of King Ahab, where Xaboth refused to sell his ^iiicyaril to him, two false witnesses were procured to show thai poor Naboth blasphemed God and king; and he wa.s taken out and stoned to death, so the king could possess himself of his -sineyard, and confiscate the same. No doubt in his time such "rabblement" thought that king a success. The world's history, the world of civilization, is full from the beginning to the end, of the powerful wicked putting the innocent weak out of the way, with property confiscations. 129 "Kee'j thee fai- fi'ora a false matter, and the innocent and righteous slay not, for I will not justify the wicked." Were I to have power, and from individual success turn to a nation's success, oi the success of the law-maliers, state and national. You know the people think they are cheated. You know they think the law-makers are for helping their own pockets to the people's disadvantage. You know that me" in high places are not looked upon with the same con- fidence and respect which we were taught to do when young. You know that extravagance, hard times, and disturbance generally, each and all become the order of the day. You IvnoA that our law-makers, state and national, travel from home to the capital in the one case and to the capitol in the other with free passes, as though they were better than other men, who must pay as they go, but these former saints are carried free. They, in their own eyes, ride as kings, while in the people's eyes they ride as dead weights. This has become so common and universal with them that some of them have brass enough to argue in its favor. In that case, I quote froni the book: "Thou shalt not wrest judgment, thou shalt not respect persons; neither take a gift, for a gift doth blind the eyes of the wise, and pervert the words of the righteous." "Thou shalt take no gift, for the gift blindeth the wise, and perverteth the words of the righteous." "He that is greedy of gain troubleth his own house; but he that hateth gifts shall live." 130 "A -^vicked man taketh a gift out of the bosom to pervert the v.ays of judgment." "Surely, oppression maketh a wise man mad, and a gift destroyeth the heart." ••'\^ isdom is before him that hath understanding, but the eyes of a fool are in the ends of the earth." "Many will entreat the favor of the prince, and every man is a friend to him that giveth gifts." Now, if these law-breakers can down these quotations by argument, and they show the book I quote from wrong, theu 1 will be ready to repent, and so will the people, for mis- judging them since the war commenced, or since they began to bind the east and west with an iron rail, whereby the syn- dicates, or "the Credit Mobilier," or "The Union Pacific," or "Central Pacific" roads, all names of the same one batch; all steals and robbery of the public lands for their private pock- ets. It Avas then the free jjass iniquity was born. The coun- try has paid dearly in the loss of its lands, and other large subsidies by congress to these regues, whereby selfishness, and siecd, and corrupt legislation are seen in all the states, as -svt'll as federal. The mighty rock that becomes detached from its ancient bed at the top of the mountain rolls down- ward, swifter and swifter, to the valley below at its base; nothing on earth can resist its downward plunge; might be con pared with our downward plunge in these affairs outside the constitution, and the honest methods of legislation by the fathers. Nations rose and fell. Ours has risen; must it go down, too? The one that has gone down has never vet been 131 resurrected. True, just and wholesome laws, with true, just ;iiid wl'olesonie administration of such laws, can alone per- petual e our institutions. They are the only ones on the earth M-orth the candle and perpetuity. Now, you see that in rubbing against these mighty moneyed elements, whose peace and rest must not be dis- turbed by you nor me — because forsooth they say they have made the country what it is — the grandest in the world. They tie the East to the West and North to South with an iron rail — on which they can pass free to the ends of the earth. These great rail syndicates are a ring which is like the horizon^ — you see not its beginning nor end. You see the horizon, and as you reach for it it flies away. And so of the Credit Mobilier, the Pacific, the Pacific Central and so on. My horse is stolen. It is run down. It costs money to hunt the thief. If found, it costs time and labor in the prosecu- tion. It is everybody's business. Nest time I lock the stable. Let the other fellow run down the thief. Now, you have seen that so far in my tackling this topic^ Success, I have been after not the small fry but the bigger fish, veritable whales — now standed on dry land to die, un- sung, unhonored and unwept. Truth, justice and utility is my darling object. These are the principles I want covered by this book. These are the principles I would like to see rule the world. You may ask is the world of action void of such? You have not pointed out to us yet any of these beautiful lights of this earth whereby the earth is made better by their having lived in it. Yes, we have had heroes and martvrs. 132 We have had some that might be said to be the salt of the «arth. You cau imagine these special cases for yourself. All my life I noticed that it is the middle class in life tliat is the true success. In th eschool room, and out of it; in war and in peace, for by hard licks, hard work, dash, in- dustry, economy, courage, patience and perseverance, this class makes the world better by their living in it. I now have in mind the scenes of years ago in this state, when one might walk over the best land in the world, but where the habitations were few and far between; where these sturdy ones felled the trees, built fences, cabbins and sheds for them- selves and their cattle, and where they worked, and worked from year to year, the old man and the old woman, and those boys and girls, God bless them, these places I have seen in peace and joy, without a wrangle in months and years to be seen among them. Tliey worked, they were self-sustaining; the.y paid their honest debts. Bankruptcy and suicide were not known. They worked as commanded, "In the sweat of thy face shalt thou eat bread.'' I now want you to know that the eulogies of the world have left this class in the dark. This class, without whose labors in ploughing, planting, cultivat- ing the crops, taking them in to be garnered, and the increase of cattle — this class feeds the world of men. Let these sons of toil "go on a strike" for one or five years, then you may imagin(^ the world's progress and success "played out," and yet who has humbled himself — or rather become wise and ■great enough to record this class the grandest success on God's earth. 133 "Hurt nobody.'' These short words are not taught in the school room, nor in the church, nor in the family. They should be indelibly lettered in each and all of these places or institutions of learning for the world of men, so the motto might become as dear to them as their very lives. This would teach them that the things to be acquired on this earth to their happiness cannot be acquired by doing evil to others^ I believe I can truly put it here of record for all future generations, and this generation, that no one trans- gressing these words, can, at the same time, be a true gentle- man, or a true lady. Of course, there are some who do not hurt many, but yet they have not the stuff in them to fit them for these accomplishments. I take it that a true gentleman or a true lady, to a great extent, must be born so. They act so because it is their nature. They are unconscious of their charming manners. Are not these a success? A stolid nature "puffed up," with the fat things of earth, may not see much in my thoughts of the gentleman and lady, except their pockets are heavier than their charms. I am not writing for that sort of men; I am after truth, justice and utility. I said before, these were my darkling objects. Without these, no one is a success. 134 CHAPTER X MONEY. This short, simple word is in line with my taxation ques- tion. Taxes must be paid with money. For some years past the people hare been at variance on this question. One part of theui claim that "gold alone should be a legal tender in the payment of debts," and in the same time this same peo- ple say a "silver dollar is as good as a gold dollar," because, they say, it will "buy in the market the same quantity of cotl'ee or sugar or other merchandise that gold buys." The presf all over the country gives us enough of this gab. Sup- pose I have ^1^1,(100 in silver and the same amount in gold coin. Suj pose my house takes fire and is consumed into ashes. These two separate amounts of money are in the blaze. Each is melted into a lump called bullion. Here I have the same quantity of silver and gold 1 had before, but neither metal has on it the stamp. Then what? My silver is worth to me one- half vhat it was worth before, so on it I lose $500; but my gold is Morth to me what it was before the fire, because 1 can take it to the mint and have it recoined into money. The low now is so made for gold, but denies this right of coinage to the owner of silver. So here is respect of persons, and re- spect of these metals shown. The rich man with the gold is I'avorcd by the law, while the poor man with the silver is re- 135 pudiated. In the history of this country previous to the year 1873 these two metals worked side by side, each as good as the other, and each being a legal tender in payment of detbs. This was true of this country even before it became free and independent as the United States from that of Great Britain. These two metals worlied side by side in the colonies and in Great Britain for 700 years before the country was called the United States. In Stephen's first volume of "The War Between the States" is this: "Thirteen of those bodies, now Ifnown as states of the Union, were originally, or before the date of our common history, colonies of Great Britain. Some of there were known as Provincial Colonies, some Proprietary and seme Charter Colonies, but all colonies of Great Britain. These thirteen colonies were New Hampshire, Massachusetts, Connecticut, Ehode Island, New York, New Jersey, Dela- ware, Pennsylvania, Maryland, Virginia, North Carolina, Sorth Carolina and Georgia. These were all distinct politi- cal organizations, having no connection whatever between each other, except that the inhabitants of all were common subjects of the Government of Great Britain. They were all planted at different times, and had different forms of gov- eriments. The charter of the Virginia Government was the oldest : it dates back to 1606. The charter of the last of these colonies was that of Georgia; it was granted in 1732. These colonies as stated, were all separate and distinct political bodies, without any direct permanent political connection be- tween them till 1771." "The colonies did accordingly send up deputies to another congress as recommended, which as- 136 sembled on the 10th of May, 1775. All the thirteen colonieij aboTO stated were represented by delegates in this assem- blage. This is the congress by which the first permanent union between the colonies was formed. At first, as their predecessor, they adopted various measures and recommen- dations for the relief of grievances, which failing, they came to the conclusion finally, on the Fourth day of July, 1776, that the only hope for the inalienable as well as chartered liberty of each was for all to throw off their allegiance to the r.ritish Crown, and to declare their separate independ- ence of it." So far it is seen that the colonies were governed by Great Britain, and that her money alone was deemed legal in them. Now, what was that money? Gold and silver coin. Black- stone, 1st vol., 276: "As money is the medium of commerce, it is the king's prerogative, as the arbiter of domestic com- merce, to give it authority, or make it current. Money is a universal medium, or common standard, by comparison with which the values of all merchandise may be ascertained; or it is a sign which represents the respective values of all commodities. Metals are Avell calculated for this sign, be- cause they are durable, and capable of many subdivisions, and a precious metal is still better calculated for this method, becaus? it is the most portable. A metal is also the most propi'i- for a common measure because it can easily be re- duced to the same standard in all nations, and every particu- lar nation fixes on it its own impression, that the weight and 137 standard (wherein consists the intrinsic value) may both be known by inspection only." "The coining of money is in all states the act of the sovereign power, for the reason that the value may be known by inspection, and with respect to coinage there are three things to be considered — the impression, the materials and the denomination. With regard to the materials, Hir Edward Coke lays it down that the money of England must lie of gold or silver, and none other was ever issued by the royal authority till 1G72, when copper farthings and half pence were coined by King Charles 11. The king's prerogative does not extend to debasing or enhancing the value of the coin below or a.bove the sterling value." In his 4th vol., page 84, is this: "The sixth species of treason under this article is, if a man counterfeit the king's money, and if a man bring false money into the realm, coun- terfeit to the money of England, knowing the money to be false to merchandise, and make payments with all. As to the first branch — counterfeiting the king's money. This is trea- son, whether the false money be uttered in payment or not. Also if the king's own minters after the standard or alloy established by law, it is treason. But gold and silver money only are held to be within the statute." In page 88 of same: "With regard to treasons relative to the coin or other royal signatures, we may recollect that the only two offenses respecting the coinage which are made treason by State 2.j, Edward 3, are the actual counterfeiting of gold and silver coin of this kingdom, or the importing of 138 such counterfeiting money with intent to alter it, knowing it to be false. But these not being found sufficient to restrain the evil practices of coiners and false moneyers — other statutes have been since made for that purpose. The crime itself is made a species of high treason, as being a breach of allegiance by infringing the king's prerogative, and assuming one of the attributes of the sovereign, to whom alone it be- longs to, set the value and denomination of coin made at home, or to fix the currency of foreign money. And besides, as all money which bears the stamp of the kingdom is sent into the world upon the public faith, as containing metal of particular weight and standard, whoever falsifies this is an offender against the state, by contributing to render that pu- lic faith suspected, and upon the same reasons by a law of the Emperor Constaine, false coiners were declared guilty of high treason, and were condemned to be burned alive — as by the laws of Athens, all counterfieiters, debasers and dimin- ishers of the current coin were subjected to capital punish- ment. However, it must be owned that this method of rea- soning is a little overstrained, counterfeiting or debasing the coin being usually practiced rather for the sake of private and unlawful lucre than out of any disaffection to the sover- eign — and, therefore, both this and its kindred species of treason, that of counterfeiting the seals of the crown or other royal signatures, seem better denominated by that of the crime of forgery — which is made high treason." I have now shown from Stephens' history of the war, that from 1606 to 1732, the kings of England were granting 139 charters to the colonists, and that the government of (xreat' Britain ruled them to the time of JuIt 4, ITTd, making 170' years, while the time made from the Declaration of Independ- ence to the present is only 122 years. The last is a short time, too short to go bacli in gratitude on the patroits of the Eerolution, who with their Washington won the battles over the British crown, and compelled Lord Cornwallis to fly from these shores eastward to his own, never to return. Xow, by the law of nations, the moment the British were defeated, that moment, the sovereignty of the king vested in the peo- ple of this country, and this sovereignty (ir jiowcr was put in the form of the Federal Constitution, which says that: Con- gress shall coin money" and regulate its value. This <;.'ou- gress is not omnipotent, like Parliament. It is the agent to do such things as the Constitution tells them. That in- strument does not tell them to demonetize silver and take the unit measure of values from it, and confine it to gold — making it only a legal tender in payment of debts. Congress is au- thorized to coin money. Money includes gold and silver coin. These two coins were the legal tenders of Great Britain away back in the 12th century. The patriots knew what money was. And so in the Constitution they tell Congress what to do. And it did make gold and silver coin the measure of all values, of all commodities, and the silver dollar the unit, each legal tender in payment of debts. The silver dollar was made with 371^ grains of pure .silver, and gold at one-fifteenth of that weight, which was again changed to one-sixteenth — that means 16 to 1. In other words, one ounce of gold was made 140 equivalent to 16 ounces of silver. It was found that the Lord made these metals in these proportions in the earth covering the globe — so this is the reason of the one being so much heavier than the other. Now, this was the money of this country till the year 1873, when the great crime of the nineteenth century was per- petrated by John Sherman and his followers — so that Eng- land might lend us her gold, and have us in her debt, as was done not long since under President Cleve- land to the tune of |262,000,000— that old tyrant government ■^'getting fat" at our expense. And while all this roguery and meanness are going on — we hear these advocates blow "We are the greatest country on earth." This useless 'i)lowing" has no more sense or bottom to it than the singing of "John Brown's body lies moldering in the dust, and his soul goes inarching on." This question is like mathematics. If one has never studied and learned the working of arithmetic, he does not know the book. If he has never studied Algebra, or Geom- etry or Philosophy, or Chemistry, he does not know these books. He knows nothing but what he knows. And today the country is full of these "gabby,'' impudent, braggarts talk- ing, and teaching political economy, and blowing about the virtues of gold. She is a "lady, a queen;" silver, is a "she bastard" and a slump. There is not a week but what one may see some young man, who has got a scattering of these, our new-fashioned notions, out of schools paid for by public taxation, who thinks himself so "smart," away above his an- 141 cestors of the log cabin, v.ho worked for an honest living. Did not commit suicide, learned to labor, learned to patiently wait for crops to grow whereby they were self-sustaining; you ask this smart young man to tell you the difference between a phrase and a clause, then his mouth is shut, he cannot an- swer. This smart young man never learned the reason of things. So it is of those men who demonetized silver in 1873. They were more intent in helping their own pockets, riding with free passes, destroying with an act of Congress one-half the money of the country, and leaving the other half — gold, in the hands of monopoly and enriched scalpers, while a big part of the country or party proclaim, like the Jews of old, "Great is Diana of the Ephesians;" "Great is John Sherman." If men in Congress could only look at this (juestion con- stitutionally see that it was by the whole people, after a war of eight years, and that this Congress is the people's agent to do what it is ordered, just as a clerk or farm hand does for his employer, and so when the people say "Congress shall coin money," it does not empower Congress to destroy one- half that money. The destruction of our silver coin is un- just, wicked and ungodly. When my quotations frora- Blackstone are properly weighed, this position is demonstrated. As the power to coin or make money is first in the king — the king losing this power by war, the war won, then money-making power is vested in the i^eople, and this money is gold and silver coin. All other kinds of stuff as promises to i)ay must be redeemed j some time in this money, not in gold alone, nor in. silver alone, 142 but in money; that is, gold and silver coin. What is the use of coining money unless it is as Blackstone says, "known by inspection." Men in trading had better exchange their things with each other, and do business without money, than to be thus humiliated and robbed by their Congressional ser- vants, who have become their evil masters. You will notice that Blackstone even says the king's pre- rogative does "not extend to debasing or enhancing the value of the coin below or above the sterling value." That govern- ment made the counterfeiting of their coin treason and death, and here, it says: "But gold and silver money only are held to be within the statute." This demonstrates that these two metals were the nation's money, and all other kinds of circu- lation as money, were to be redeemed, but not treason or death for counterfeiting them. When I see Blackstone on this question, and see how at Athens counterfeiters, debasers, diminishers of this mouey were subjected to capital punishment, and by the Emperor Constantine were burned alive, I begin to think why indict and convict a poor fellow for stealing a jackass and send him to the penitentiary and at the same time worship John Sher- man, who worked for the destruction of silver full twenty years before it was accomplished — instead of having some method to transport him lieyoud the boundaries of the United States, whose mouey he has virtually destroyed. His act should be tested by the Supreme Court, where it must be de- •cided that the act of isl?, is wholly void. The act is this: "That the gold coins of the United 143 States shall be a one dollar piece, wlnob at the standard weight of twenty-five and eight-tenth grains, shall be the unit of value." Also, it deprived persons owning silver from its being coined in the United States mint as was done be- fore, and destroyed its legal tender value, except as to the amount of five dollars. At the time this was done it was known that the silver in one coined dollar was worth $1.02. So there was no necessity for a revision of our money at all. It is clear that where one had some silver bullion, and he could have it coined into dollars at the rate of 371 1-4 grains, no one would be fool enough to sell his silver in the lump cheaper than this, or say fifty cents on the dollar, as I have shown in my example of my house on fire and my silver melted. To make the gold dollar the unit of value was simply foolish, because gold was so made by England long since, and that would cure any defect in that metal in this country. I will show hereafter Englands law in that respect. Congress virtually said: "Silver can go" on the market; those who will may buffet the "bastard thing." It is only fit for the "common trash, anyhow." "It must get out of the way." The bankers and the grand class want gold alone to do busi- ness with. "The people have no sense anyhow." How could congress, or any of its members, who know anything of human government the world over, dare to lay hands on silver, the money of the people in all time? How, I say, could they dare to destroy that money and yet live? Why, one can look over The Antiquities of the Jews, a rec- cord made and narrated by Josephus of five thousand years, 144 ■when during all that time gold and silver were used as money — sometimes in bulk, as is seen at the mines; sometimes coin- ed. And so in this book may be seen where Herod left to his kin and Caesar millions of coined silver at his death, about the time of the Savior, being twelve centuries before history begins with England's kings. "And now Herod altered his testament upon the alteration of his mind, for he appointed Antipas, to whom he had before left the kingdom, to be tetrarch of Galilee and Greece, and granted the kingdom to Archelaus. He also gave Gaulonites and Trachonites and Caneas to Philip, who was his son, but own brother to Arche- laus, by the name of , and bequeathed .Jamnia and Ashtod and Phasaelis to Salome, his sister, with five hun- dred thousand (drachmae) of silver that was coined. He also made provision for all the rest of his kindred by giving them sums 'of money and annual revenue, and so he left them all in a wealthy condition. He bequeathed also to d'aesai- ten millions (of drachmae) of coined money, besides both vessels of gold and silver, and garments exceedingly costly. To Julia, Caesar's wife, and to certain others, five millions." This book I am quoting here shows that even Herod, the wicked tyrant of the world, loved and respected silver, coined silver, and left it to his kin, and to Caesar, and to Caesar's wife, and through them Caesar ruled the whole world. He did not lay impious hands upon silver, the money of Herod, and of Moses, and of Abraham, and of Isaac, and of Jacob, and of Joseph, and of Phareoh, and of David, and of Solomon, and the rest of the Patriarchs and kings. This blow of death 145 to silver in the land of the American eagle, the only land on earth to-day that is worth saving for human liberty. This blow was struck by twenty years' work of John Sherman in the hands of the lords of Great Britain. That chaste, beauti- ful and wise English writer, Addison knew what he was about when he said: "Gold is a wonderful clearer of the understanding. It dissipates every doubt and scruple in an instant, accommodates itself to the meanest capacities, si- lences the loud and clamorous, and brings over the most obstinate and inflexible. Phillip, of Macedon, refuted by it all the wisdom of Athens, confounded their statesmen, struck their orators dumb, and at length argued them out of their liberty." Here I venture a prediction: The time must yet come in this country when the "Sherman law" must die, and then we shall see our money, gold and silver, recognized, as was seen before the year 1S73. Then we shall see the constitution as to money respected, and set to rights once more before all the people. I would again remind congress that she is not omnipotent as parliament. She is a creature of the people; parliament is not a creature of the people, but is on earth there, omnipotent. She can depose and hang kings, as she has done. I do not indorse it. I am writing history. Con- gress can impeach, but it cannot hang the president, nor any- body else. It might be said they have not enough power in this line to hang a dog. It is my opinion this work of evil will go on, while wealth and power are worshiped instead of right and justice; 146 while our servants ride with free passes, but we, their mas- ters, must pay or walli. It is my opinion no man can long work on earth half good and half evil, half truth and half lies. The good forces in man must dominate sooner or later, or the bad forces will do so. We cannot serve the people and serve monopoly. We cannot be friends to the very rich and friends to the poor at the same time. No man should do evil, that good may follow. So the advocates of the Sher- man measure argue in that way. The constitution is not their text book. Smartness, impudence, foolish progress is their watchword. The constitution is binding on all, or none. In the old law of Moses "the wages of sin was death." I would indorse death for any member of congress breaking the constitution. Thinking, reading patriots have lost confi- dence in their legislative servants in this country. For my part I can truly and honestly make one exception — that is, of one I never saw — Senator Vest, of Missouri. His polit- ical record in the senate, so far as I know, is pure and with- out a stain. Shortly after the making of the Constitution, when the patriots of the revolution yet lived, in 1792, the money act was made by congress fixing the coining of gold and silver at the mint by the owners of such metals, making 371 1-4 grains of pure silver, with some alloy, and this remained the silver dollar law to the year 1873; that was a legal tender in payment of debts, as well as that of gold, which was 23 2-10 grains to the dollar. To show you farther; nay, to still demonstrate that gold 147. and silver money was the money of Great Britain and the colonies before and through the Revolution, in 1816, her Par- liament demonetized silver, leaving gold alone her legal ten- der in payment of debts. So, you see, if silver by law was not as good as gold, there would then be no occasion, or sense in making an act to demonetize it. As this Parliament is omnipotent, she can do any legislation she wishes, and the courts must not rule them void, as ours may rule acts of Con- gress void, as in the late income law. Parliament found that this act of 1816 was not enough to down silver, and bolster up that of gold. In the time of Peel, of whom O'Connell quized as being a lineal descendant of the impenitent Jew, a still further act was made to renew the charter of the Bank of England, and compel the bank, its own agent, to pay ^3.17 9 pence for every ounce of pure gold, or standard offered at its counter. So that any gold taken to that bank in the lump or in bullion is paid for per pure ounce at the above sum of money. This is her law- today. This is what gives gold its stability, and not anything inherent in it over that of silver. Xow, if gold were mined like coal, or quarried like rock, Eng- land is bound by that law, till its repeal, or she becomes bank- rupt. She must pay 3 pounds IT shillings and 9 pence each pure ounce of gold. That being the law of Great Britain, who rules India with 2.52,000,000 of people, so many of them now starving, rules Canada, New Zealand and Australia, en- circles the globe with her ships, guns, tyranny and power — where, I say, was the sense, justice, or reason for the act of 1873 making gold the unit of measure, and only legal tender. 148 The Peel act of 1844 fixed that. If Sherman had one spark of the fathers of the Constitution— if he had one drop of gratitude in his heart for these, our institutions — he would not have been the father of that diabolism, that un-American bastard, which must ere long die, without burial or a tear shed for the unholy act of 1873. Any thinking man must see the act was made to help England, because gold could not down with this Peel act to perpetuate its price. The mon- opoly is seen in all this action. It is that the rich class shall become richer, and the world of poor poorer, and that the few may own the country at large, as is done East of the At- lantic. Here you may ask, how can England, or her bank, buy all the gold of the world? She does it in this way. Sup- pose you take a ton of gold there at one time, you can not break her. This bank pays you for it at once at the above price. You may think this will break the concern. Not at all. The act fixes it so that notes may be demanded for gold bullion, at the above rates, and so the bank is empowered to issue her bank notes for its purchase, which is redeemable in gold coin, afterwards, when such paper money goes the rounds of the world. Again, this bank supplies the royal mint with the gold it may want to coin. So you can see the concern cannot break. The bank, the Parliament, the crown, or the government are all one piece to down anything, and all things on earth in their way as obstructions. And so it is with that piece of human government that the act of 1873 was made, so that the tyrant's grasp could be more crushing 149 on our people than in the days of the Revolution. It is high time for us to know England. See her in the days of the late war — in those of Lincoln and Seward in the Mason and Sidell affair, who were agents of the confederacy on the way to Europe, England and France, in reference to the block- ade as well as those of neutrals and belligerents, so as to get England and France in their sympathy and faror, in that war. These commissioners, with their secretaries, were on board the British mail steamer Trent, between Havana and St. Thomas, when they were seized by Captain Wilkes, of the United States Xavy, commanding the San Jacinto, and were carried to Fort Warren, Boston Harbor, where they were confined as prisoners. As soon as England heard of this, she creates a war excitement among her people. And her troops and ships of war were instantly ordered to Canada. In the meantime a demand was made for the surrender of these men by the British government, including an apology in ten days. The lion was mad. It thought it would take ten days for its troops to reach Canada, and so President Lincoln and Secretary Seward could have that brief time to make up their minds to surrender these confederate commis- sioners — or have war. Of course, the demand was complied with, as it was not prudent then to fight the British lion. How friendly then was her action? How meek and lovely is this, our English cousin. It was then that her men of war at Canada cast overboard tons of rotten cabbages, which since has proved to cover the country over with the cabbage fly or worms. This Trent affair and the cabbage worms T 150 specially dedicate to John Sherman, and I hope he will read this, my book, as I have read his, and will pledge my honor, mine is wiser, deeper, safer, more American, and a better friend to the people, than his. This being so, of necessity it must live, when his is dead. This book can not die till the Constitution is respected and loved, and silver restored to its former power under the Constitution. You have seen what Blackstone, the English author, says on money. Xow I quote from an American author, Bonvier's Law r»irtionary: "Gold, silver and some other less precious metals, in the progress of civilization, and commerce, have become the common standards of value, in order to avoid the delay and inconveniences of regulating their weight aud quality whenever passed, the governments of the civilized world have caused them to be manufactured in certain por- tions, and marked with a stamp, which attests their value — this is called money." "The Constitution of the United States has vested in Congress the power to 'coin money, and regulate the value thereof.' " Act of April 2, 1792, for coining at the mint gold and silver, then an act of June 21, 1S34, that all standard gold and silver deposited for coinage, shall be paid for in coin, under the direction of the Secretary of the Treasury, within five days from the making of such deposit — deducting from the amount of said deposit of gold and silver one-half of one per centum; then the weight of both metals is given in grains. Thus that the silver coins heretofore issued at the mints of 151 the United States continue to be legal tenders of payment and the gold coins issued since the 31st of July, 1834,, shall for the nominal values cm the same terms. Then it provides for counterfeiting the coin, making it felony and penitentiary. You see this American author says the money is manu- factured, and marked with a stamp which attests its value. So the gold and silver each is marked with a stamp, and this is called money. Can the advocates of the single gold tender in payment of debts, down this author? How long is treach- ery, corruption, and treason to the common people and the Constitution going to last as against the arguments here made on the side of the two metals — both working in union, harmony and health, as is seen the joint action of husband and wife — united they stand; divided, they fall. I would ask the world to notice, for the world of taxa- tion is more or less interested in money. I would ask them to notice that in thf-se line passages from that great English author, and also not less great this American author, for he was th',' author of other law books than his dictionary. I say, I ask them to mark and never forget it that these authors in speaking of gold and silver call it by the short, simple word or noun, "Money." You see no words or adjectives pre- fixed to qualify or limit the word money. Blackstone uses the word "false" to money when it is counterfeit, that is where it is counterfeited he calls it "false money." Eight here are the gold advocates challenged as false statesmen in of- fice, or out of office, who resort to mean and untrue adjectives, so as to create a prejudice in the minds of the people in 152 favor of one metal and against the other. Even President Cleveland had a hand in the business. "Sound money," "Honest money," "Debased money," "Fifty-cent dollar," "Honest dollar," "A dollar good the vs^orld over," "A dollar that is. n dollar though its burned or melted or hammered," "The dollar of our fathers," "Free Silver." This kind of talk about money is simply trash. It is unworthy to be uttered by any scholar or student of history. Xo citizen v?ho is not prejudiced and uncultured can be found to have these foolish adjectives and phrases in his mouth about money. Time will set all things right. This question must at length be settled on the constitutional side; on the side of the people and the side of the revolutionary patriots. Xow it is on the side of the kings of the earth. God yet reigns, and the just, wise and bra'se, though often scouted and crushed, must in the end win. The history of the vvorld shows that silver has always been the money of the common people, and gold of the rich and few. It also shows that the act of 1816 and that of 1841 by parliameit did not succeed in drowning silver, or making it of infei'ior value in legal tenders in this country. So that from 1792 to the year 1873, a period of 81 years, silver was as good as gold. No one could call it a "bastard" thing. I would remind the advocates of the single standard that gold and silver, as money, procured us Florida at |5,000,000. Gold and si.ver as money, procured us the Louisiana purchase at §15 000,000. Gold and silver as money procured us Alaska at 112,000,000. Gold and silver as money fought the Mexican 153 war and procured all that land west and north of the Louisi- ana purchase. This was procured from Mexico; and then it was that while Brigham Young had fled from persecution from Illinois to that spot now Utah, it was then Mexican territory. Gold and silver run Jackson in defeating the Brit- ish forces at New Orleans. And yet, good God, why do men pretending to be Americans, preach, "a flfty-cent dollar." I am not ready to go to war with this kind of people. 1 am not ready to agree that kings and lords must govern and own all nations. I am not ready to agree that labor has no rights that the rich are bound to respect. But I am ready to allege and demonstrate that the act of 1873 is unconstitutional and void — in demonetizing silver. I am ready to aver that any man having now some silver bullion may take it to the United States mint, demand its deposit, and its coining into dollars under that old law shown from Bouvier. And, then, of course, as the custodian of the mint would refuse to comply with this demand, then this man may petition the proper Court for redress, by asking a writ of mandamus to compel the coinage of that silver. Then, under this constitutional issue, it would soon be discovered whether yet there remained to us any Marshall or Taney on that bench. It seems to me, here is an opening for any patriot of means and constitutional courage, to make an issue which could not be inferior to any issue Webster ever tried. Why waste time with the press and small men, bought men, on this question, talking fool- ishly on such mighty questions, when the people in the Con- stitution say: ''Congress shall coin money,"' that is gold and 154 silver. To discriminate between tliem, making one lawful, the other not, is the breach. To make gold alone instead of both metals the legal tenders in payment of debts, is the breach and crime of 1873. When the Constitution says: "Congress shall coin money, and it did coin both gold and silver as the money, not the plural noun, monies. The patriots would have used the plural noun monies in the Constitution, if they thought these were two separate, distinct metals under all laws of the world previous. They were not fools, nor rogues. They were men, true and brave. If the patroits thought these two sejiarate, distinct things — separate, distinct metals under the law — then they would have said: "Congress shall coin monies." They say it shall coin money, and it coined the two metals as one. Then it is simply and truly and grammatically a collective noun singular, as an army, containing many per- sons — or a flock of sheep or birds, containing many sheep and birds, yet singular in army or flock of sheep, or flocking birds. Xot armies, flocks of sheep or flocks of birds, these latter be- ing collective nouns plural. Nothing but the extremest cor- ruption could go to work to break our Constitution, and make one metal a legal tender, which already was nursed and saved by the acts of the British Parliament of lsl6 and 1844, before shown. By this method of two metals in circu- lation, one gold backed by law, the other silver to take care of itself, contracts can be made, and riches got by monop- olists to the ruin of the people or producers. The silver now in a dollar is worth 50 cents. The Mexican dollar worth here 155 50 cents. Suppose England takes a shipload of stuff, say silk or other merchandise to Mexico. She says to Mexico, I will sell you my stuff and buy your coffee. Agreed. The stuff is sold then, for which the European must be paid in gold. He buys the coffee at six or eight cents a pound, and he pays the Mexican in his own silver dollars, which he had bought on the market for 50 cents per dollar. So here is a profit to the Englishman in every move, and a loss to the Mexican. This is done because of our legal money by law — the other outlawed by its friends. This is all honest in the Englishman's eyes. This is all statesmanship in the eyes of John Sherman. If both metals were standard, or debt pay- ing, this wrong and injustice could not possibly be perpe- trated, for as is done by the English-Mexican case, so it is ■done in this country of seventy millions population. It is sadly notorious that the constitution is not deemed a necessary command to us to stand by. This heresy is be- coming greater as days and years go by since the war. This •covenant our fathers left us after eight years of war with Great Britain we should forever guard and defend as Moses did the ordinances, commands and judgments of God in the igovernment of the Hebrews, who promised them the blessing on their basket and their store, to obey the commands, while to disobey them would be their destruction. The violation of this constitution by members of Congress, in destroying 'our money, if not soon cured and restored, will prove our de- struction as a people. By Jewish disobedience to the sacred 156 word these old people were kept in the wilderness forty years, dying there, but leaving after them a new generation, who were, with Joshua and Caleb, permitted to enter the prom- ised land "flowing with milk and honey." By the breaking of this constitution in the act of 1873 it has resulted in de- based currency, diminished wealth, brought forth swarms of tramps, broken banks and bankruptcy, broken confidence between the people and those who legislate, great and uni- versal labor strikes, great riots, which the army is called forth to suppress. All these things, all these new scenes in this republic have been born and bred since the act of 1873 got life. It is the Pandora box of all our woes. While all this trouble goes on, increasing more and more with time since the void act of 1873 — strange it is that no one is found to admit who fathered that act, that it was in viola- tion of the constitution. They know there is yet an instinct in the people to stand by that document, though at the same time, the document is broken by all those who stand by the single standard. I have shown that it is the province of the sovereign power to make or "coin money." It is in the people of this country. They command Congress to "coin money." They also command "that no State shall coin money, emit bills of credit, nor make anything but gold and silver coin a tender in payment of debts." This was done in the Federal Constitu- tion. Here it is seen no state shall coin money, emit bills of credit, nor make anything a tender to pay debts but gold 157 and silver coin. This constitution being still in force in this country, where is the power given Congress to say that the legal tender of each state in the payment of debts shall be ^'gold coin" alone? Congress draws its life, its only force or power from what is granted it in that constitution. While it acts within its provisions, its acts are law, when it acts out- side its provisions, as it did in the act of 1ST.3, then their act is void, and of no effect. No one bound to obey it, and so I take it that gold and silver coin money, under the Constitu- tion and the money law by Congress of 1792 and 1831 are still in full force and effect, because these two acts are constitu- tional, but the act of 1873 is unconstitutional and void — and so it is of no more force in this country than the late Con- gress income act, shown to be void by the Supreme Court. The advocates of the single standard say: "Xo one is hurt by the act of 1878, because there is more silver than we ever had, and each dollar as good as a gold dollar." I answer: Every one, the whole country, is hurt, when Congress enacts a law which is unconstitutional and void, as was seen in the income act, when swarms of United States servants were thought to enter the states and make individual assessment on the rich, and harrass them with impertinent questions as regards their riches, when, if not answered sat- isfactorily, then the terrors of the prison would be their end. Xo one has informed us the many thousands and tens of thousands of dollars that void act cost this country. I would vote that for every void law enacted in State or Federal, those who make such, shall forfeit their share of the cost, and that 158 it be taken out of their separate salaries. 1 have already shown where I am robbed when my silver is melted by fire. I now will give another example where the single standard hurts. Suppose I owe |1,000. It is secured by mortgage on realty. It is now due. This single advocate says I can pay it in these silver dollars. Yes, but suppose I have not the money? Then I ask for an extension of time. The creditor says yes, but I must have a note payable in gold coin. Then what? My necessity compels me to submit. The mortgage and note are so made payable in gold coin. Then what? Where am I going to get the gold? God only knows, and the oppressor cares not. The mortgaged home must go, and yet no one is hurt by the single standard. Suppose I try to get the gold to pay off the mortgage. This creditor, who may be one of a ring monopoly corner gold, will then pretend friendship, and tell me his friend over the way will let me have the gold at a certaiu premium — when this friend over the way is one of the ring, or his own agent, and vet no one is hurt. This is a method where one reaps where he has not sown, and eats whei'e he has not labored. "As the partridge sitteth on eggs and hatcheth them not, so he that getteth riches, and not by right, shall leave them in the midst of his days, and at his end shall be a fool." 159 CHAPTER XI THE NEW COURT HOUSE. In the county clerk's office of Macoupin county are the dockets of the county judges, or county commissioners' court, that built the Macoupin court house. In book "E" of the March term, 1867, page 259, I find this: "Ordered that A. McKim Dubois, Geo. H. HoUiday, be associated with T. L. Loomis, county judge, and Isham J. Peebles, associate judge, to erect a new court house in the city of Carlinville. The foundation of said court house is to be erected this year, and the building to be completed before the expiration of the term of office of the present county court. Said court house is not to be commenced until there is sufficient money in the county treasury to pay the present indebtedness of the county. Or- dered that the levy for the purpose of building the court house be flTe mills on the dollar on all property in the county, both real and personal, for the year 1SG7." "Yowell, Associate Judge, dissenting.'' Here is the first order of that court, from which has sprung countless troubles, much ill-feeling, and dissatisfac- tion generally in the county. As I now obtain my facts from the records in this county, and as I have naturally traveled towards the afi'airs of this court house, upon the tax question, which, heretofore, was to me all in the dark, for it is dark- 160 ness to attempt to know anything truly, by "hearsay." Yon might as well teach a boy arithmetic, or the mathematics, by lecturing him on them. His eyes, hands, slate, pencil, book, time, labor, perseverance, or a will to do, are all neces- sary to know and master it or them. In all of this time and labor to obtain the facts, or truth, there was no feeling on my part against that court. All of those gentlemen I knew well. They were my friends. In this affair, I can say: "He who uses his legal rights harms no one." So I am not one of those of whom it may be said: ''My own familiar friend, in whom I trusted, who did eat of my bread, has turned up his heel against me." I realize I am upon a mighty subject — a question which will trouble men and agitate them, when I, like my father's, have gone, I hope, to that place which the Lord told his followers of, "I go to prepare a place for you, that where I am, you may be also." "In my father's house are many mansions." K^ay, this question of taxation will trouble men after this court house vanishes out of sight, and is crumbled into dust. While officers or men do wrong, or oppress their fellows, there will be clamoring over the ques- tion of taxation. I look at this question deeper, broader, healthier than most men. The end of government should be competency, tranquillity, and the good of all its people. It is admitted on all hands that we as u people are not as pros- perous, comfortable and happy or peaceful now as we used to be. There is something wrong in the body politic. To see some millionaires strutting along skyward, away above the common people, whose little ones may be in need of the 161 necessaries of life, is not what I should consider the best government. The best government is that which acts uponi its people as a good parent would act toward his children.- "Let justice be done, though the heavens should fall." Tlie permitting of evil ways, or habits, to creep into one's sjstem, or our system of goverument, is like permitting a spark of fire to enter one's mansion, and suffer it to become a blaze, when it soon eats and burns all it fastens on to destruction. In both cases the evils might, in proper time, be easily ar- rested, but in both cases, after these evils have taken a strong headway, then they become master of the elements for final destruction. At the June term, 1807, page 284, of this court I find: "Ordered by the court that commissioners appointed at the last term of the court to build a court house, be instructed to proceed immediately to procure a suitable jjlan, adopt the same, and contract for the erection of the house. Ordered, further, that said contract be made either for the whole house or such part as the said commissioners may judge most ad- vantageous to the county, and in case a part of said building only be contracted for, the said commissioners shall proceed from time to time, as they shall adjudge advisable, to let out the remainder of the building, or any part thereof, until the whole building is under contract. Ordered that Thaddeus L. Loomis be appointed agent of the county to close and sign all contracts made by the said commissioners as aforesaid in behalf of the county, and that all contracts so executed bv him, by and with the advice and consent of the commis 1«2 sioners as aforesaid, shall be binding upon the county of Ma coupin, and that he be authorized to use any funds of the county, at his disposal in payment on contracts made by him. Ordered that for the purpose of defraying the expenses of the work so contracted, and paying for the lots purchased by the county for court house purposes, county orders to the araouni of twenty thousand dollars be issued in sums of one hun dred dollars earh, bearing interest at the rate of ten per cent, per annum, payable semi-annually at the banking house of Chesnut & Dubois, on the first days of January and July in each year, said orders not to run exceeding ten years. They shall lie signed by the county judge, and numbered, attested, and registered by the clerk. Ordered that Chesnut and Du- bois be appointed agents of the county for the sale of said county orders, and that they be instructed to pay out the proceeds of said sale on the order of T. L. Loomis. Oountj Judge."' "Ordered that the county agent report to each term of the court all his acts for the three months next preceding in contracting for and paying for the work of construction." "Ordered that so much of the order made at the last terra of this ( ourt respecting the building of a court house, as is conditional, and is otherwise inconsistent with this order, be revoked." "Yowell, Associate Judge, dissenting." At the February term, 18G0, of that rourt in its docket F. page 22S, I find these orders: "Allow Malcolm MrQuay in comity orders, bearing in terest at the rate of ten per cent, from June i:'>, 18ti7, payable 163 semi-annuallv. running not exceeding fifteen years, $5,200.'' "Allow Edward Gill, digging foundation for court house issue same as above, "Allow ('. A. Andrews, for lot for new court house, pay- able in county orders as above, |4,000." "Allow Geo. H. Holliday for lithographing of stamps oi\ bonds, payable as above, foOO." "Allow R. M. Hastings for superintending work on foun dation, as above, |1,500." "Allow Andrews & Hamilton for lumber for court house, issue June 1, 1868, $1,000." "Allow Chesnut & Dubois, to pay interest on county bonds, interest from July 1, ISGS, $7,000." "Allow S. A. Buckmaster, for iron door for jail, interest from Aug. 1, 1868, $600." "Allow Geo. O. ^"ail & Co. for slate and tile for floors, issue from Xov. 1, 1868, $10,000." "Allow Chesnut & Bubois, commissions on sales of bonds, issue Nov. 27, 1868, $2,000." "Allow J. P. Stidham & Co. for roof and dome, issue Dec. IS, 1868, 1125,000." "Allow Chesnut & Dubois interest on bonds Jan. 1, 1869, $25,000.'" "Allow D. S. Schank & Sons, glass for court house, in terest Jan. 1, 1869, $5,000." "Allow H. "\A'atson, on court house, Jan. 30, 1869, inter- 'est, order, $10,000." 164 "Allow Robert Wood & Co., iron fence, issue Jan. 1, 1869, interest order, |8,000." "Allow T. L. Loomis, traveling expenses, |1,000." "Allow I. J. Peebles, traveling expenses, |1,000." "Allow Geo. H. Holliday, traveling expenses, |1,000." "Allow A. McKim Dubois, traveling expenses, |1,000." Issue orders July 1, 1867."' "Allow Robert Turnbull for superintending work and paying carpenters, payable as above, |1,500." "Allow E. E. Myers, services as architect, bearing inter- est from August 5, 1867, as above, |15,000." "Allow Henry Watson, stone work on foundation of court house, issue bearing interest from Aug. 20, 1867, issue as above, |7.oOU." "Allow A. Johnson & Bro., for work on basement, bear- ing interest as above from Sept. 10, 1867, |10,000." "Allow Chicago & Alton R. R., order as above, Sept. 28, 1867, 11,000." January Term, 1869, Page 28. "Allow J. X. Grove, for purchase of court house lot, bear- ing interest from Sept. 28, 1867, issue order, |15,000." "Allow Thomas Howard & Co., for iron work on court house, issue order, interest from Oct. 22, 1867, |30,500." "Allow Phillips & Graham, for painting court house, issue order, interest, Dec. 1, 1SG7, |.5,000." "Allow Dickenson & Messinger, stone work on court house, interest from March 1, 1868, |200,000." 165 "Allow for brick work on court house, W. D. Richard- son, interest March 1, 1868, order, |10,000." "Allow H. Watson, for building jail, issue order from April 20, 1868, interest, |14,000." "At March Term, 1869." "Allow John Yowell, for holding court, |60." "Allow I. J. Peebles, for holding conrt, |60." "Allow T. L. Loomis, for holding court, .|60." "Allow Geo. H. Holliday, for holding conrt, $.36." "Allow A. McKim Dubois, for services as commissions in building new court house 15,000 Geo. H. Holliday .5,000 I. J. Peebles 5,000 T. L. Loomis 5,000 Docket F, page 28. In the county Judge's docket F, pages 228-9, are these orders : "Ordered that the sum of | , be issued in bonds, payable iive years after date, in amounts of (in pencil, 26,500) dollars, numbered from 20." "Ordered as above in ten-year bonds $26,000 (in pencil). "Ordered as above in flfteen-year bonds, |75,000. "Ordered as above in twenty-year bonds, |81,000. "Said bonds payable at the banking house of Howe & Macy in city of Xew York, bearing interest at the rate of ten per cent, per annum, payable semi-annually on the first days of April and October each year." 166 "Ordered that said bonds be placed in hands of Chesnut & Dubois for sale, and that the proceeds of said sale be placed in hands of T. L. Loomis, agent for county.'' "Ordered that county bonds to the amount of thirty-nine thousand dollars be issued for the purpose of completing the new court house, in sums of one thousand dollars each, bear- ing interest payable semi-annually, at the rate of ten per cent, per annum, payable twenty years after date, principal and interest payable at the banking house of Howe & Macy in New York City, to be numbered from 337 to 375, inclusive." "Ordered that similar bonds in similar sums to the amount of thirty-eight thousand dollars, payable, principal and interest, the same as above, fifteen years after date, num- bered from 376 to 413, inclusive." "Ordered that similar bonds in similar sums to the amount of one hundred thousand dollars, payable, principal and interest, the same as above, ten years after date, num- bered from 411 to 513, inclusive." "Ordered that the interest on said bonds shall commence on the first day of April, 1869, and be pa3'able on the first days of April and October of each year. That they be placed in the hands of Chesnut & Dubois for sale, and the proceeds of the sale be held by them at their banking house, subject to the order of T. L. Loomis, County Judge." "Ordered that bonds No. 41G, 417, 41S, 41!). 420 and 421, each for |1,000, payable to Thomas Howard & Co., at the banking house of Chesnut & Dubois, Carlinville, 111., dated August 1, 18GS, and due Jan. 1, 1883, be hereby ordered to be 167 paid at the banking house of Howe & Macy, New York City." In page 302 is found this: "Ordered that county bonds to the amount of |1,000 be issued for the purpose of completing the new court house, bearing interest, payable semi-annually, at the rate of ten per cent, per annum, payable ten years after date, principal and interest payable at the banking house of Howe & Macy, New York City, numbered 514. Ordei*ed that similar bonds be issued to Charles P. Williams of similar sums to the amount of ten thousand dollars, payable, principal and inter- est, at the same place as aforesaid 18 years atfer date, num- bered from 515 to 524, inclusive." In page 303, Book F, I find these orders: "Ordered that similar bonds, in similar amounts, be is- sued to Chesnut & Dubois to the amount of one hundred and fifty-four thousand dollars, jiayable, principal and interest, same as above, 18 years after date, numbered from 525 to 669, inclusive." "Ordered that similar bonds in similar amounts be issued to Chesnut & Dubois to the amount of one hundred and nine thousand dollars, payable, principal and interest, same a^ above, 16 years after date, numbered 669 to 772, inclusive." "Ordered that similar bonds in similar amounts be issued to Chesnut & Dubois to the amount of fifty-one thousand dol- lars, payable,- principal and interest, same as above, nine years after date, numbered from 772 to 823, inclusive." "Ordered that .similar bonds, in similar amounts, be issued to Chesnut & Dubois to the amount of forty-eight thou- 168 sand doUais, payable, principal and interest, same as above, eleven years after date, numbered from 823 to 871, inclusive." ''Ordered that the interest on said bonds shall commence on the first day of April, 1869, and be payable first days of April and October each year, and that they be placed in the hands of Chesnut & Dubois for sale, and the money from the sale be held by them at their banking house subject to the order of T. L. Loomis, County Agent." Sept. 27, 1869. In Docket "G," page 1, September term, 1861), is found: ■'Ordered that A. McKim Dubois, Geo. H. Holliday, I. J. Peebles and T. L. Loomis be allowed a commission on cost of the new court house and improvements connected therewith, of five per cent., and that they be allowed |2,000 each in full for all traveling expenses connected therewith." "Ordered that the county agent pay same out of the pro- ceeds of the sale of bonds for building new court house." On page S is found : "In the matter of authorizing Chesnut & Dubois to sell bonds, ordered that county bonds in sums of one thousand dollars each be issued for the purpose of completing the new court house, ln-aring interest, payable semi-annually, at the rate of 10 per cent, per annum, payable on the first day' of October and April in each year, payable at banking house of Howe & Macy in the City of Xew York. Seventy thousand dollars of similar bonds, payable twelve years after date, and seventy thousand payable thirteen years after date, and sixty thousand payable fourteen years after date, bonds to be numbered consecutively from 872 to 1071, Inclusive, and that 169 they be placed in the hands of Chesnut & Dubois for sale, and the proceeds of the sale be held by them at their banking house subject to the order of T. L. Loomis, County Agent." 12 year bonds to be numbered from 872 to 941. 13-year bonds to be numbered from 942 to 1,011. 14-year bonds to be numbered from 1,012 to 1,071." On page 12. Docket "G," same court, is: "Allow A. Glesner, for one month's services on his con- tract in taking charge of the heating apparatus of new court house, |75." Dec. 4, 1869. "Allow T. L. Loomis, for holding court, .fl4.5." "Allow John Yowell, for holding court, |145." "Allow I. J. Peebles, for holding court. .fll5." "Allow Geo. H. Holliday, for holding court, |120." "Allow W. E. Welch, for legal service, flOO." "Allow Geo. W. Hamilton, or legalf service, .flOO." December Term, 1809. "Allow P. C. Huggins, 12 days holding court, |60." "Allow Martin Ormsted, 12 days holding court, |60." "Allow A. A. Alkins, 12 days holding court, |60." "Allow T. M. Metcalf, clerk 12 days, $.36." The four last payments by the court are given to show that the new court house commissioners' court, who built it, are displaced, and in their stead are Huggins, Ormsted and Alkins, with its clerk Metcalf, instead of Holliday. So now I shall proceed to make some comments and arguments upon the action of the new court house commissioners' court. Be- 170 fore I do so, it might be said: ''What's the use of talking about the court house now? It's built. The debt is com- promised. The county has agreed to pay the compromise — and it's ended." You hear remarks like these made by not a few, especially by those who fatten at the public crib. I mean by those who are hardly ever out of office, regardless of their politics. The getting in the pocket of dollars, in of- fice, make some think they are the oracles of their jjarty. These dollars are tending to destroy honest patriotism in men, not only in Macoupin county, but all over the state — perhaps in all the states. When one's pocket is heavy, and his wants full, this one never thinks of many, over the way, whose needs are urgent. Some times they cannot help them- selves. These sons of Mammon are not seen "casting their bread on the waters, that such may return to them after many days." But I must to my subject. After my horse is stolen, then "shut your mouth." It will cost more to "hunt it up" than the horse is worth. If you do hunt it up and find it, after a long search, the horse will be run "down." Then you must prosecute the thief if he is found. And then you must go before the grand jury, and then before the petit one, and then it will be continued over from term to term of the court, upon frivolous affidavits, which you cannot contradict; yon must admit them to be true, though you know they are all lies, for the one who steals my horse will lie in court and out of court, and as things go now, such persons are not un- usually considered the smallest fry or people in their com- munities — I mean before they are caught stealing. Some 171 times they are at the top of the "heap" in society — may be in the church. It would look as though this spot can never rid itself of these worse than barnacles growing fat under the seas— on the ship's bottom. Judas started the treason of a bad man to the son of man. I hare seen horse thieves, after their arrest, who were never tried. It was found they were of kin to the owner of the stolen horses. I have even seen where bonds were given for their appearance in court, to an- swer for such iniquity, the bonds were never sued on, though these never appeared for trial. The General Assembly con- dones the offense, and releases the securities. Things go on in this shape, till one begins to feel that wrong, instead of right, depravity instead of rectitude, ignorance instead of true philosophy, impudence for honest ability, hypocrisy for true worth, and vulgar pretenses for culture and solid charac- ter, are the things that make the "mare go,'' and yet, if one complains he is answered, "What are you going to do about it?'' Well, it takes one to be gray haired before he- is de- veloped enough in wisdom to see it. Some never can see it. The one who does see it, would be considered "smarter" if he only put his wits to getting riches, by any method outside the penitentiary. So as to have his belongings to ride in state. "The county has agreed to pay the compromise, and so its ended." I am not aware I was one of those who did so. That I at any time agreed to pay my share of that debt. If that debt is right, and just, then it ought to be paid. If that debt is legal, then it ought to be paid. If the debt is illegal, 172 if it is void, then it ouglit not to be paid. I may be answered, "How can I help myself?" "The courts have held the county court were our agents, and so we are bound by them." I do not understand that an agent can do as he pleases. That the county court could do as it pleased. That was a creature of the statute. There its powers are given. If that court went beyond the powers given it, as I think it did, then no one is bound by its acts — done outside its legal powers, un- less agreeing to put up with the wrong, or pay the infamy. If I empower my agent to go to the market-place and buy me a race horse, he does not make me his debtor by buying me a jackass. If he bought me a race horse, though it were a poor one, yet I am bound by his act, because it was the agent's misjudg- ment. So it is of the county court. If they acted in good faith in the building of the court house, if they acted within the statute, though they might have honestly erred to the disadvantage of the county, then the county would be liable. I am of the solid belief that no court house could be legally built in this county, outside the spot on which the old log court house stood, under the statute of 1829, and the donation then given the county forever of thirty acres for such purpose, I am of the solid belief that the court went outside its legal powers in its methods of contracting for, buying lots, pay- ing hands, making bonds, and thus it will be found that the court contracted with itself, which it could not do, because it is a rule of law that "no one can be a judge in his OAvn case." It will be found it made contracts as it pleased, paid the same, 173 and all to the injury of the county, when all should be to its advantage, so far as such could be carried out. Before I close I shall show how the court went outside its legal powers in the building of this court house. As yet I must keep to the items on the dockets. In adding the items contracted for as here taken from these dockets, they make |514,.j10, while in adding the bonds issued as stated, they make |903,000 — some less than a mil- lion dollars in bonds — while the other items make only a little over one-half million. It will be seen that these orders, or bonds, drew interest at ten per cent, semi-annually. The first order of the court as shown was at the March term, 1867. June following was the next order made, and you will notice the order of McQuay of f.5,200 to bear interest at the rate of ten per cent, from June 13, 1867, semi-annual, running fifteen years. Xow, it is easy to see that confusion is the end of putting orders, or the credit of the county, on the market, over the world, among "sharpers" in that way. It will be seen that at no time is any one able to compute accurately, or nearly so, the total principal and interest of such orders, to circulate, no one could tell where, or how long, drawing such- heavy interest, and that fixed to be paid twice yearly. Some orders drawn with interest from June, 1867, some with same interest "from June, 1869, and some more with interest beginning at other times. Here is confusion in abundance. It might be asked, "Are the laws made for the rich and power- ful? Or, are they made for the benefit of the masses?" If made for the first, then the court house bonds must be paid. 174 If made for the masses, then the debt ought not to be paid. I am now discussing this question, not dictating to the Ma- coupin people what they must or ought to do in the payment of this debt. I am discussing it in the light I have tried other tax cases and succeeded. I am discussing these tax debts or court house taxation for the world of taxpayers, who yet, no doubt will, many of them have to bear the burdens of illegal — indeed, corrupt and official robbing — taxation. Was it not the business of these foreign lenders of money, who invari- ably seek foreign markets for their money, so as to avoid paying taxes on the money lent, was it not their business to beware — to know the legal powers the court had in its -methods of procuring that money with which to build that court house? Now, that court had,' or had not the power to build the court house. If it had the legal power in its hands, then the county is liable. If it had not the legal power in its hands, then the county is not liable, unless it agreed to make itself liable to the agent that bought them the jackass instead of a race horse. That the county people may fully under- stand this — that the world may understand the question, wherever yet they may wish to build a court house — I will coi)y from the statutes for that purpose. Here, first, is the heading of the statute of January 5, 1S29 — ''Court House and Jails." ''An act authorizing and requiring the county commis- sioners' courts to cause court houses and jails to be erected in each and every county in this state." In this act are four sections. They are the same in the revision of that of 18.58, 175 which I will coj)T here, i;ither than that of 1820, as it might be said that the county couit could not be governed by that ancient statute. Not at all, if it were repealed. But it was not repealed. It was simply put in the revision of 18.58, the one under which that court was supposing to act: "It shall be the duty of the said county commissioners, in each county, to cause to be erected, when, in the opinion of said court, the means of the county are such as to justify it, a suitable court house, in each of their respective counties, and they shall have power to enter into contracts, from time to time, with any person, or persons, in behalf of the county, for the erection of such court house, or fininshing any court house already begun, at any regular term of their court, or at any special term, they may appoint." Again — ''The county commissioners' coUrt in each county shall have power to contract for and procure for the use of their respective counties, whenever it shall become necessary, any lot or lots of land, whereon to erect such county buildings, and obtain deeds of conveyance to such counties, and to sell and convey the same when it shall become necessary to any purchaser, or purchasers, in the manner prescribed by law." "It shall be the duty of the county commissioners' courts in their respective counties to prepare or cause to be erected, when, in the opinion of said cour-t, the means of the county are such as to justify it, and where they have not heretofore done so, strong and substantial jails, so that prisoners may be confined therein with safety, and the said commissioners are hereby expressly charged with the faithful execution of 176 the law, and they shall make report thereof respectfully to the Circuit Court, at the next term in the county, after the same shall have been done, and said report shall be entered upon the records of said Circuit Court. In this revision of 1858 I find one section which is not in the statute book of 1829, which I shall copy to you, and I suppose the section under which that court thought it could act as it did in building that house. Here they ought to have known that that statute could not apply to Macoupin, which was created in 1829, and the act settled forever her permanent seat of justice, as well as her permanent spot of ground on which that seat of justice should stand. So the act did not fit Macoupin. Here it is: "The county commissioners' court may appoint an agent, or agents, to make any contract on behalf of such county for erecting any county building or for any other purpose, author- ized l)y law. The contracts of such agent or agents duly ex- ecuted for and on behalf of such county, shall be valid and effectual to bind such county, to all intents and purposes." I take it that this is the section the new court house builders went on, and it is as clear as day light it did not ^PPly to our county in that respect. This section is three pages before that of the court house and jail law in that stat- ute book. It is connected with a long section about contracts with the counties for other than court house purposes, and so was never intended that the county court could act on it to build a court house — certainly not to appoint itself agent — iind draw pay as court and county agent at the same time. 177 The county commissioners' court at the time of building this court house were Loomis, Peebles and Yowell. It will be seen that Judge Yowell dissented from the order or orders to build it. Then there were two judges left, whose order as a majority, would be good, provided it was legal. Under these statutes when they say this "court shall have power to enter into contracts, from time to time, with any person, or persons, in behalf of the county for the erection of such court house already begun, at any regular term of their court, or at any special term they may appoint," you see this court is supposed to be the county's agent — not one or two of them alone, but all three, at the regular terms, or any special ones they may appoint. Now, at such times, and not otherwise, are they empowered to act in this business. They being agent, it will need an outsider as a person to contract with them for jail and court house. There must be at least two or more parties to a contract. Xo party or person, or court or agent can contract with himself. One cannot marry himself. It takes two and a third one to do the ceremony. It is just ag absurd for this court to appoint itself agent — agent of the county to build a .fl,500,000 court house — may be three of them before it is all paid for with interest. The commission- ers' court did not do so in letting out the log court house and jail. The commissioners' court did not do so in letting out the brick court house in the square. The records of the whole world may be searched in vain for another such a pre- cedent, in and about a court house and jail. The only case that would seem to come up with it is that of Warren Hast- 178 ings, who governed provinces in India, by running things in his own arbitrary methods, to the ruin of all India, as found in the works of Edmund Burke. There is no law — there can be no law — to adopt another spot or rather block of land for a court house, and other lots for a jail than that spot or that place originally selected and adopted and accepted under the act of 1829, and the record made in that behalf for the county seat as seen in that old docket that is now resurrected. The log court house, as I learned from 'Squire Howell, some months before he died, and the only one who appeared to me, so far, to know the truth, placed it near the southeast part of the square, or a little that way from the chain there now for hitching teams to. The jail was not on the square. Its place is better known, as some persons yet live in the county who saw it. Now the old spot, or the square, is the spot for that court house yet, by law. The right of the county, as well as the legal rights, to me, seem so wrongly out of place in making a useless debt against it, to feed the rich with some three millions of money; sinking the progress of the county, in- stead of its grand development as a place for a happy people, wiong, official treachery, ignorance, and the tricks of party leaders, must at length sink the whole county. What has statesmanship, like that of Edmund Burke, to do with small human barkers, who can see nothing in human government but the success of party — right or wrong — nearly always wrong? Burke could take in the good of the human race in his grasp. His mental horizon was the universe. Thes^ 179 barking "tots" on the side of party alone, their horizon is that of their earthly possessions. Upon the completion of the new court house, the brick one on the square was torn down. Why did not some one then put a stop to that work by an injunction. That was the time to act in the case; not too late, even then, had a bill of injunction been brought in the circuit court to restrain that court from tearing down the building, also from removing the county records to the new court house; also, to enjoin the then elected new county court from entering, or occupying the new court house, thus leaving its locks and keys for those who erected it, that they might make the "most of it." Then the county was safe. Then they were saved from this moun- tain of debt. Was there none in the county who could see so far, or did they or any one see it, but feared to put his pocket in the breach? I would not be so hard on the county were it not that I have been for years in the breach, almost alone, fighting ignorant, corrupt, unjust and crushing tax.'i- tion — fighting it upon my own. responsibility, and during all this time the illegal payment of taxes goes on, which to me seems cowardly. I have no desire to see a man go to the penitentiary for stealing bread or a horse while all this tax ation stealing goes on in all the state — no doubt more or less in all the states. The revenue law itself is a diseased thing that never should have been put on the statute book. The construction put on it by our Supreme Court is just as sickly, and detrimental to honest labor — to honesty and equality in the bearing of tax burdens. Lenders of money seek a foreign 180 market to secure their money, and draw interest and pay no taxes. Why not cure this cancer by its destruction, and enact the problem or method I long since had copyrighted, as you see in this book? In my criticism of those of wealth and honors in the county for not having enjoined the tearing down of the brick court house, etc., some may ask: "Why did he not do so himself?" Naturally one would think so who knows not the circumstances. Then I was young and in- experienced in the county. I had not the age, wealth and influence of some I knew, who talked and blustered against the "monument of folly," but effected nothing. As I said in another place I knew nothing of the legal rights of the parties in the business; neither would I yet were it not my resist- ing ruthless taxation, by which rich scalpers have a legal method of morally stealing lands, all over the state of poor persons, who are "hard ii])" in getting money to pay them. The higher the taxes are, the more crushing the penalties — the better for the scalpers. Down with such dirty method of living on this earth a few years, by oppressing the poor. Reasonable men do not wish to escape reasonable taxation, but men of reason ought not to submit to unjust and illegal taxation and penalties. Morally, the state had no better right to enforce tax payments than other creditors have to enforce payments of honest debts. Why, then, this arbitrary method of selling all things taxed for non-payment, with heavy penal- ties and cash? While the statute of 1858 empowered that court to build a court house and jail, when needed, "suitable to the inter- 181 est of the county." and certainly was not suitable and to its interest to vacate the county's property, oj give it away, and pay for a new place for the court house — 119,000 — not includ- ing; the jail place. It will be seen that when the old commissioners' court let contracts, they appointed agents or commissioners to carry such into effect and report to the court. That court did not at any time appoint itself to do the work. It did not draw pay as court and pay as county agent at the same time. Orders were made at term time by the court. Advertise- ments were sent out to lowest and best bidders for the work, and bond was taken for the performance of such work, or contracts. But in this case all of these things were entirely discarded. Here the docket shows Geo. H. Holliday, its own clerk, "must be associated with T. L. Loomis, County Judge, and Isham J. Peebles, Associate Judge, together with A. Mc- Kim Dubois, the banker. They must proceed immediately to erect a new court house in the city of Carlinville. The foundation must be done that year, and the building to be completed before their tei-m of office should expire."' Judge Yowell dissenting. Poor Yowell has long since died. From the docket and these entries it is seen he was not appointed to do anything towards the building of that court house. So the docket does not show him getting any commissions or fees as agent, or commissions, as the others did, nor did he get any "traveling expenses." Here is a building to cost over 11,500,000 — nay, say three of them before the debt and interest are all paid — yet strange it is that no one of these 182 judges or self-appointed agents, or clerks, or the banker, gave any bond for the performance of any duty in and about that court house, nor is it seen where any contractor gave any bond when such things should be of record. These things were done under the action of the old court in the building of the two former court houses. Dubois was to sell the bonds — no bond given by him — nothing said as to what he was to get per thousand dollars for selling them. It is done as before shown— "Allow T. L. Loomis, traveling expenses, $1,000; 1. J. Peebles. .|1,000; Geo. H. HoUiday, |1,000; A. McKim Du- bois, |1,000; issue order and ten per cent, interest semi-an- nually from July 1, ISGT." Nothing said here about poor Yowell. This Yowell affair reminds me when I was a boy, and I did wrong, or "behaved bad." I was reprimanded, or "switched." I must say for mother, she did not switch. She loved her child too much for that. But father was highly re- ligious. He was a wonderful believer in the teaching of Sol- omon, when he says "not to spare the rod." I used to wonder when I was "good," why he would not caress me. I knew nothing then of Solomon. The thought of caressing one for his goodness did not enter his mind. With him was "the wages of sin is death." I am reminded of this in thinking over poor Yowell. The people did not abuse him nor curse him, neither did they caress him, nor did they procure a mu- sical band to his honor, to make joy over his faithfulness to tlie county. I do not think the county went to the trouble of building him a monument, nor was there a poet employed to write a song to his memory, as was done in the case of the 183 old warrior, John Brown, "when his soul went marching on." It is said that republics are ungrateful. In this case the saying would seem to fit the county. I said there was nothing on the docket to show what Dubois was to get for selling bonds. Yet, he was taken care of. You will see the item where it says: ''Allow A. McKim Dubois $5,000 as commission on building new court house, Holliday |5,000, Peebles $5,000, and T. L. Loomis |o,000." Here, again, poor Yowell is minus the fat things of court house life, simply because he stood by his integrity, but he gets .$60 for holding court, as also do the other two judges $60 each. In another place you see Chesnut & Bubois were allowed commissions on sale of bonds |2,000, issue order from KoT. 27, 1868, ten per cent, semi-annually. Here again Yow- ell is left out. He might have promised great things to become County Judge, and then break all such promises, fill his pockets, and the world would say, "He was smart." Yowell was born be- fore the war. He knew nothing of tricks and schemes b^ which he might fill his pockets. Had he done so, would it serve him now? We don't see or know all things. God does. It is also seen that "A. McKim Dubois, Geo. H. Holliday, I. J. Peebles and T. L. Loomis were allowed a commission on the cost of the new court house, and improvements connected Ttierewith of five per cent., and that they be allowed $2,000 each in full for all 'traveling' expenses connected therewith, and that the self-appointed county agent pay same out of the 184 proceeds of the sale of bonds for building new court house.'' Here, again, Yowell is left out. I doubt the county people ever saw through this affair. There was no laurel wreath placed on his brow by the people for holding fast for four years in office to his integrity. The last item to me seems peculiar and strange. The docket, nor the order so made by the court in giving this five per cent, on the cost of that court house and jail and im- provements, does not show any order in that respect before made, and drawing ten per cent, interest semi-annually from June, 1867, nor does it show how much the court house, jail and their improvements did cost, so that one might compute the real amount the judge Avas to pay out in that respect to Dubois, Holliday, Peebles and himself — say so much for jail and improvements, then so much for court house and its im- provements, while the court might know, as is doubtful, how much these respective works cost, the dockets do not show it. When a case is in court, and one wishes to get five pei cent, on a number of things, say .|2,000,000, the court musi know the total amount what the things or works cost, ther he can figure and find a product, so each one would know his share. Then the court would enter each one's share oe the docket, so all of these faithful servants could be allowe<3 a definite sum. When that is paid, they receipt on the dockei or record. The order allowing them five per cent., etc., on( does not know whether it meant for all or for each. If the five per cent, was for all, then they must have been in part xiership, for in this case, payment to one would be paymeni to all. 185 I now again here repeat that in putting these things on record for future generations, I have no wish, no desire, to hurt any one's feelings. These things should go on the record in some shape — where the truth can be reached — and who ever wishes may know the same. These things are more -surprising to me than to any one else — more surprising than they can be to any one else — for I imagine I deal with this rec- ord in a light no other person has heretofore thought of — in the light of the tax question — nor has any other one man, nor all men, given the light on the wopkings of that jail, court house and improvements that I have here given. I speak to the world of men — out of their own mouth, from the court's dockets. How strange it is that such trouble, such moun- tain of taxation, could have arisen from the acts of that court, as a court, while as citizens, not a stain was heard against them previous to the beginning of that new court house so far as I know. And now let me say a parting word about Holliday. He left, no one knows where. I knew him and I liked him. A great, generous soul, full of knowledge, full of books, grand memory, full of dash and spirit, enterprising, and was cer- tainly helpful to those he liked. I remember going to his office one day — it was then over the "Crit Anderson building." He was blacking his boots as I entered. He said, "John, I am going out to canvas a little; can't you come along." ''Where are you going?" "We take the freight train down to Plain "\'iew." "All right, I'll go. We went to Plainview — then went to the Anderson farm near there, where they were 186 threshing wheat. Towards night we again arrived at Plain- view, and, as the train was coming down for St. Louis, he insisted I go to St. Louis with him. I went. They were then building the Eads bridge. We were some distance north of that when we crossed the liver in a boat to the city. The next morning, when we were on our way home, on the east side of the river, he introduced me to some persons as "Gen- eral Meagher," and left, saying he had to take the other road, going east, and that was the last I saw, knew or heard of Geo. H. Holliday ever since. • These men built the court house, handled the money. Where is it gone to ? Where, oh where? Who became rich from its fatness? No one now appears to be richer by hav- ing his hands in the concern. No one bettered by its con- struction. Are we men wise? Do we ever take thought of death while in health, and the days are joyous? We are here today — where will we be tomorrow? Who can swear to his lease of life beyond the present? Who can tell what his end shall be, happy or miserable? "What shadows we are! ^Vhat shadows we pursue?" Are one's own efforts alone going to do the work, or are we to place some confidence and reli- ance in an ovcriuling Trovidence who will guard us for our good, if we aie only wise and resigned to His will, or perhaps the inevitable? ''Behold, the birds of the air, they neither sow, nor do they reap, nor gather into the barns, but your heavenly Father feeds them." 'AVhich of you, by taking thought, can add to his stature one cubit?'' You will notice in one of the court's orders that Judge 187 W. R. Welch and Geo. W. Hamilton were allowed each for legal services flOO. The, orders do not say what was done by them. So here I am left to imagine that if these gentlemen, I know well, were consulted with by that court, or by Judge Loomis as to his powers in building the court house, or upon the construction of that section of the statute quoted before of 1858 as building agent, and they should take it as it reads, or literally, rather than in the spirit of the law, then they might have misled that court in its future action. I say this is my imaginary way over it now. It looks somewhat plaus- ible. I will again copy the section. Of course I hold that no statute is good in the case, but that of 1829, which gave gov- ernment life to the county, and then it was that certain grounds became vested rights, which can not be upset or re- pealed, or changed. "The county commissioners' court may appoint an agent or agents to make any contract on behalf of such county for erecting any county building, or for any other purpose, au- thorized by law, the contracts of such agent or agents, duly executed for and on behalf of the county, shall be valid and effectual to bind such county to all intents and purposes," I am somewhat particular in this kffair, for I well know that sometimes there are lawyers of big and wide reputation and successful practitioners, who are poor indeed in their con- struction of statutes. They follow the words, rather than the spirit of the law. In this case the statute says the court may appoint the agent. It does not say it shall not appoint itself. But the rules of law and maxims fix that under which 188 such statute must be construed. . "Power is not conferred but for the public good." "Power should be strictly inter- preted." "Xo one ought to enrich himself at the expense of others." The power of this section of the statute was to ap- point disinterested persons to do the work, who should be one party — the court the other. Such parties to go on bonds for their action, and parties to be employed or contracted with on the best terms for the interest of the county; also upon notice for such purpose, which was not done. From the be- ginning to the end of these two dockets, on this new court house, and the orders, there is only one party. The court is paid as court, then pays itself as agent of the county. Sup- pose a case in the Circuit. Court, say, bill for partition, or to sell lands. There is an order, or decree, entered by the judge to sell the land. Suppose there is one to be appointed to sell the land, and get pay for so doing. Did any one ever hear of a case where the judge appointed himself to sell the land and then draw pay as judge, and pay as agent to sell the land, and then report his action and doings to himself, and then keep up that for four long years? This thing is as confused and wonderful as the .lews roaming in the wilderness for forty years. Thirty years have gone by since that first order was madp by that court, on that docket, for that new court house, and the millions of debts are levied, and yet no Joshua nor Caleb has come forth to march the taxpayers of the coun- ty out of that mountain of debt. The court claimed they were within the law. The rasrally Legislature helped them to it, as you will remember the Legislature was not referred 189 to the statute of 1829, when the tounty was created, and when it got certain vested rights that could not be destroyed, ex- cept by revolution. In the acts of that court, in the act of that Legislature legalizing the bonds or debt, all were revolu- tionary. The old house ought to stand. It should not have been torn down. The records should have been kept away from the new court house — then the court and legislature and bondholders could take care of this brat for themselves — then when the order for assessment came from the Federal Court, the order to levy taxes also for payment of the debt, let them make the orders. Let them make the levies. Let them get judgments in the county court to sell all the land of the county for court house debt. Let them do all these things and sell the land, too. Then no one would buy. If no one bought, then the land is forfeited to the state, but if the bond- holders bought at such sales, in either case they got no money. Then and here is the time for Joshua and Caleb to appear, leading the tax payers on and into the proper forum — filing bill or bills in chancery, and then consolidating them by an or- der of the court — bills to remove clouds on title to lands. Then the law and acts of that court house business could be all gone into. Then was the tax payer not in Federal court, but at his own court, his own "castle," from which he could not be driven. They appealed to the law. Let them be beaten by the law. This is the getting out of the wilderness. For myself, I am sure I have had no day in court yet on this court house tax, and I know I have a right to that day, under the constitution, regardless of all the uproar, and confusion, and 190 legislation, and county orders, and such revolutionary acts of our agents who bought us a jackass for a race horse. By this method I here point out in this book, for all men, all tax pavers in any county, in any state, or all states, this is the law of the land that yet, thank God, remains to us, and by which I myself have been suc((^ssful in for years in downing corrupt and oppressive taxation. In these cases those who are after lands by law, for bonds that did not cost them in the market, sometimes, ten cents on the dollar, I say in these cases, when it is shown there is any illegal taxes included in the judgments for sale, even to ten cents in the flOO, the as- sessments, levies, judgments, sales, certificates of purchase, each and all set aside, and here I proclaim from my heart, "Glory to God. Glory to our Constitution. Glory to the Judiciary, and glory to him, through the providence of God, who has brought forth light from darkness, equity from in- justice, liberty from being choked and strangled with a moun- tain of debt tlipy had no hand in making. Crooked things will right themselves some time. Xow, in all of these records, in all these facts, in all of this debt, in all these thirty years of untold clamors of the county, under this mighty burden of taxation, useless at that, and contrary to law, as is shown, the county never thought any one was to blame but the county court that built the house. They never thought that any one was to blame but it. They never could see a beam in their own eye as well as see- ing it in the eye of that court. I have said before, I knew nothing about the legal rights of these parties in the building 191 of that house, at that time, because I did not Ijnow the facts. Who did linow the facts as I have here shown from the rec- ords? Xo one. There was enough hearsay all over the county, nay over all the state, perhaps over all the states, more or less. All had the "great Macoupin swindle" on their lips. Well, hearsay is a dangerous thing to base a true judg- ment on in relation to anything. The thing began in 1867. I never knew the truth before my examination of the records, and the statute of 1829. I would not know the truth yet were it not that circumstances beyond my wish and control moved me on and into those questions of unholy, M'icked, cor- rupt, unjust, oppressive and illegal taxation — some times done bj' officers of no conscience, no ability; some times done by '"boodlers," and some times done purposely to make a portion of the community fat, by enhancing the value of their surroundings, at the expense of all the other taxpayers, at the expense of families, who need for necessaries of life, taxes uselessly extorted from them. "The poor will never cease from off the land." Have mercy on them. The rich and powerful can take care of themselves. Let no one be ill- treated. Let no' one be oppressed. Let us try and have enough for all. All would have enough were it not sin and wrong. I now would say this truth : I have been for years of the opinion that where there was a legal wrong — nay, a moral wrong, or both — this could be downed in the proper court — fought in the proper way. I never did think the question of stopping the building of the court house was half tried. I 192 know now that facts and arguments were not sought for from the proper source, from the proper origin. This stat- ute of 1829 was not thought of nor mentioned. I linow 1 heard Judge Thornton malie a speech in the old court house on the question, but he did not mention this statute. He in- sisted that the court house limit was |50,000. So he was beaten. That old docket and that old statute are the tools by which I work out this case, to a demonstrative result. It is impossible tO' demonstrate the question outside these. While that court house was going skyward, I was told by a fine lawyer, since dead, that he was offered $10 to get up a bill to enjoin the construction of that house. The man was full of wealth and full of honors, and yet he wanted a three million house enjoined for ten dollars. Chivalry like that never won a great cause. Having this in my mind all these years of strife about this debt, you cannot wonder that I am a little harsh when I say men are cowardly to pay unjust, illegal robbing taxation. In all my labors on the question, I never got that much as n fee. I do say here I put it on rec- ord as truth, were it not my action in these tax cases in the courts and my success, by fearless and just rulings of Judge Creighton, your city now would be one-half million dollars in debt for future generations to pay with interest. There are not a few in every lity who think the way to make a city prosperous, populous and "booming'' is to make ordinances for big debts, issue bonds for large amounts, make big im- provements upon borrowed capital — have all at work, all carousing, in the eyes of many — this is city life. By this 193 system of booming cities, issuing bonds, borrowing money tcT erect works of various sorts in such places, then tlie authori- ties are elected to the end, not of justice and fair play for all, but to carry out the wishes of the few "boomers," or "bood- lers" to collect taxes for foreign sj'ndicates, who never pay a cent of our tax burdens. It is simply scandalous, corrupt and mean to work the machinery of government, so as to have the assessors, collectors, treasurers, judges and the city authorities, each and all forever equipped, year after year, in the assessing, collecting or selling of lands to pay such foreign lenders of money who never pay any of our taxation burdens. Good government was first made for the good of man. Xom', man must not act for his own good, but against it, and for the government. He must not act for his own good, but for the good of those in authority, and so have the lords of creation rule, as Herod ruled, and let the masses go uncared for and without a reasonable share of the neces- saries of life. So it is coming rapidly to pass in this country. Wealth is centralized, lands are owned by a small number compared with all, rents are high, so the laborer cannot make ends meet. At one time when the supervisors refused to levy a court house tax, they were fined for contempt of court |1,000 each — eighteen of them. They did not go to jail. They concluded to pay it, not out of their own pockets, but out of that of the taxpayers, and the lawyers at Springfield got this money in favor of the shylocks— got it to themselves to be applied in 194 l>ayment of bonds. Among these men was one who offered |!10 to down the court house by a bill of injunction. How strange it is that at no time since 1867, whei^ the first order was made by the court to build that court house, no one came forward with any legal or equitable method to relieve the people of the county of this wild, unjust, illlegal debt. It was thought they must stand it. Now, my solution of the problem may again be stated, for the solution is solid and true. It is the law of the land. The county court orders the court house to be built. They order the issuing of bonds for the purpose of raising money to pay for its construction. It is built. The bond owners sue in the Federal Court. They get judgments against the county. The county refuse to pay the bonds. That court orders the officers of the county to make a levy to pay the bonds or judgments. Let them make their levy — no one pays — the lands are returned to the County Clerk's office as delinquents. Then advertise to get judgments and sell. In county court let them get judgments and let them sell the lands — no one buys — by law they are then forfeited to the state, or if the sales are bought by the bondholders, or judgment creditors — they get certificates of purchase lo the lands so sold. What then! So far they have received no money. This is one place — one point from which to start the woik of the land owner — whose land is so sold, These bondsmen all claim to be law-abiding, and the Federal f'ourts in this country believe it, for they have at all times given judgments for them and against the people. This is the history — this, the record. No time here to cite cases 195 Now, let tlie people also be law-abiding and let them resort to the proper forum for redress. Here it is. Am a citizen of the county and land owner. My land is sold for this debt. I don't owe it. T file a bill in the circuit court on its chancery side. I make defendant the one who bought it. I set up everything and all things as illegal; all things as void. I have no time here to give the particulars. I pray for special and general relief. I pray the encumbrance and such cloud on title be removed by the court. Now, on defendant coming in to answer. He demurs to my bill, which is argued for and against before the court. If the court rules my bill good, his demurrer is overruled, and here I have my standing in court. After tlie court has so ruled, if my bill is properly and sliillfully written, the defendant is beaten, and there is a de- cree in my favor, setting aside the claims and judgments and certificates of purchase, and my land is clear of that encum- brance and that debt. Of course the defendant may appeal, but it will do him no good. There is no equity in his case. He got fraudulent bonds, issued unlawfully. Let him malie the most of them. I fight him in my own court, not in his appointive Federal Court. The fight as to this tax and this land is local. This method would cleave them to earth. This method would make foreign lenders of money for public buildings beware before they would advance money on bonds, till they were sure of the honesty of the bonds, the honesty and legality of the records under which the debt was in- curred. The best way is not to go in debt. Officers or author- ities ought not to run the people in debt against their will. 196 All had better be fair, true and honest— then all will be well. This method of legal fighting would cure the world of frauds and fraudulent schemes to cover innocent, honest people with tons of debt. I am now about at the close of my book. I entitled it "Searching the Records." This book is condensed from a great mass of them in this county. If the book provesi as new, as strange, as healthy, as interesting by five per cent. to the reader as these records have proved to me — if the book be read with five per cent, the attention I have given it, or rather the attention and thought I have, for some years past, given the subjects discussed, especially the tax question, then I am sure the reader must be interested. He will find many things in this book that will prove healthy for him. He will search in vain for any other work that has explored the seas, and storms, and turmoil, and the system of taxation four times over, on the same thing, the same year, which is here pointed out. I began this work with the General Assembly of 1828-9 at Vandalia. This body made the law that gave this county government life. I have copied such parts of thai statute as gave existence to the first court house and jail, and left us land for the county forever for court house purposes and other public buildings. The county has now the flrsi true light cast upon the public rights on this court house ii this book, from these records, from the year 1867, when th( house was begun to this present time. If you figure thii time, you will see it lacks nine years of being as many as thi children of Israel spent in the wilderness. There is now ligh 197 enough in this book for the county to "get out of the wilder- ness." From the creation of the county to the year 1869, when the new commissioners' court took their seats, when the new court house ones were displaced, during this time of these records, which is one year more than the Hebrew time in the wilderness, my search was for that time ending at the year 1869. Your work in this reading will not prove so hard, difficult, laborious as mine. I can now frankly say. if I did not begin this book when I did and reduced my thoughts to writing, and searched those records when I was somehow naturally moved thereto, the book could not be born. My thoughts on success ought to be in every young man's hands,' who desires to live a clean, self-supporting life, in col- lege or out of it — on the farm or in the store — in any business. The boy who has the man in him will find it to his advantage. My friends, you taxpayers — I am inclined to think that if you know your rights, and want your belongings justified — my arguments on taxation will do you good. If I have told the story as well as the light which has appeared to me from time to time on taxes — then you will love the book. The argument on "Money" will challenge the world of men. . I stand by the constitution. Money is the creature of it, of sovereignty. This sovereign power was won from King George the Third by rev- olution. The power was in him then to make money. He made it — both metals, gold and silver. They were coined legal tenders. The heroes of the Revolution know this. They made us a constitution — a written one: "No state shall coin 198 money, emit bills of credit, nor make anything but gold and silver coin a tender in payment of debts." The heroes did not think of giving, nay stealing, this power from the people — from the constitution. They made congress agent; they said she must "coin money — regulate its value." For her to de- stroy the legal tender right of either metal or both metals is not in her power. For her to do so, as was done by her in the money act of 1873, is simply revolutionary. She is as much justified in doing this as was Cromwell in his kicking Parliament members from their seats by his soldiery — or Napoleon's scattering and suppressing of the French Direc- ,tory. All is revolutionary. When these law bodies that are sworn and paid as our agents to can*y out our will, re- ject us, — "Do evil instead of good; act contrary to orders for their pocket; then it is time for us, the people, to say: "Ye congress were not told to make your void act of 1873. Ye shall not be recognized. Ye did not create money. Ye shall not destroy it. It is not in your power. This money lived be- fore you were born. It will live after you are dead — and dis- graced by your ignorance of the laws of the land. Your im- pudence and presumption to make yourself 'sovereignty,' you must not become too proud in your agency — for 'pride must get a fall.' Your work must be for the people's good — not for their destruction. Your act of 1S73 has destroyed con- fidence, destroyed trade, destroyed progress, destroyed states' development, destroyed the working of silver mines, made tramps, made poverty, made 'free passes,' made rogues and scamps of men. Yes, your act has done 199 more damage to oui- country than could any pestil- ence, any famine, any earthquake, any or all cyclones which are some times sent over the world of men by the providence of the ( 'reator of the T'niverse itself. Congress says it is the law — 1 say no. Then what shall be done? They appeal to the law; so do I, but I will not appeal to Congress, nor the press, nor to party. I appeal to sovereignty, to the people, to the constitution. By these measures, right shall be done — restored right — we must, we the people of the United States must take our gold and silver bullion to our own mints — made for us, not for Congress, not for England, not for Ger- many, not for India, not for France — but for us — the people of the United States. We must take these lumps of metal, gold and silver, to the mints, ask these metals to be coined ' into dollars. Then if refused, then we apply to the proper forum for mandamus to compel the coining. If in this case we lose before the Supreme Court, then comes the time for us for universal work, by creating a court that knows how to revere the old constitution. The supreme power is in the people themselves to the end that the money of the constitution and our previous history and the history of the world shall live, and perpetuate itself. When this question is settled, when it is determined, when it is decreed by the court that gold is as good as silver, and silver is as good as gold, each a legal tender in payment of debts, we, the people of the United States, having the right to have our lumps of these two metals coined and stamped at our own mints, thp>^e mints instead of being over- 200 burdened and overcrowded with work, will have little to do, because, when it is decreed that these are legal tenders, then the owners of such can hypothecate, mortgage or pass silver certificates from man to man in trade, these metal lumps be- ing security for such trade, or paper or silver certificates in redemption. This will lighten the burden, the load of these clearing houses we read of. We are for helping them in this business. It will also lighten the labor of Congress in "getting" up acts for the use of these great money houses in the east. In the old time they had a flag with a snake pic- tured on it, and inscribed on it, "Don't tread on me." Let not gold tread on silver, nor silver on gold. Let them em- brace each other as husband and wife, tender and true for- ever. Let not the poor crowd the rich, nor the rich the poor. Let not the north crowd the south, nor the south the north. Let not the west crowd the east, nor the east the west. Let us be all patriots and Americans under and for the constitution and its money. Let bickerings, animosity, prejudice forever cease among the American patriots of the constitution. Why tread on one another in this c-ountrj' whose constitution was wrested from the British crow n not much longer since than a century. Why tread on each other about these metals here — whose institu- tions have not a counterpart in the whole world of men. ■N^'liY tread on these grand, God-given institutions, which were made for the persecuted of the Eastern hemisphere. Why wrangle to uj) set our customs, so that idlers and fools may worship millionaires. A few years more and they are dead. 201 Then who will possess their riches. How often they take to themselves wings, and fly away, no one knows where. Are not all these things, at last, vanity? We want enough. We ought to have enough. We want no more. We want our rights. We take no less. Let there be no respect of these metals. Let there be no respect of persons, so tjiey stand by our institutions left us by the fathers. For the people to have issue, or issues, on money, in the hustings, by parties, is both foolish and useless; it is outside the constitution. It is not for any political party in this country, however strong, to have its way in this affair, be- cause, if it is left to a party's success — then, what the success- ful party now does in this line may be reversed by the next party in power. But while we have two or more parties in this country, divided, fighting for power — then, it is wise, and constitutional, that neither can lay impious hands on the measures or values of money, gold and silver, both equal, and supreme — each a legal tender in payment of debts, under the constitution, and that by each citizen, each state, and all the states united. "Then woe to the robbers who gather In fields where they never have sown, Who have stolen the jewels from labor. And builded to Mammon a throne— For the throne of their god shall be humbled. And a servant be chief in the land." , 202 "For the Lord of the harvest hath said it, Whose lips never uttered a lie, ■ And his prophets and poets have read it In symbals of earth and of sky — That to him who has reveled in plunder, Till the angel of conscience is dumb — The shock of the earthquake and thunder And tempest and torrent shall come." ^