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Breese to succeed himself, Gen. James Shields, the battle-scarred hero of Cerro Gordo, and John A. McClernand, then a member of congress. The contest was exceedingly animated and close, Judge Breese having largely the advantage at the start, but as time wore on the general forged ahead and secured the prize upon the second ballot. He received seventy-one votes in the joint session on January 13, to twenty-six cast for Gen. W. F. Thornton, who had been nominated by the whigs.

Gen. Shields and his friends celebrated his triumph in a grand supper and ball, but as it afterward befell, his ambition "had overleaped itself," the refrain to his anthem of joy turning into a dolorous discord.

Upon arriving in Washington he found that a question had been raised in regard to his eligibility. Having been born in Ireland, he had come into the State when under age, and claimed that he became a citizen by the naturalization of his father; but a question as to the correctness of this position, having been raised, although he had been a voter and officeholder in the State for many years, he concluded to make his final declaration and take out his papers regularly under the clause permitting minors to do so who had resided three years in the State, previous to their arriving at full age. This was on Oct. 21, 1840, which at the time of his election left him eight months short of the nine years citizenship required by the constitution for eligibility to a seat in the United-States senate.

The general concluded at once that his opponent, Judge Breese, whom he was in a few days to succeed, was the originator of the objection to his eligibility, and thereupon wrote him an exceedingly hot, imprudent, and ill-advised private letter, in which among other foolish things he stated "that if I had been defeated by you on that ground [want of citizenship], I had sworn in my heart that you never should have profited by your success, and depend upon it, I would have kept that vow regardless of consequences." He concluded his angry effusion as follows: "if, however, you persist in your course of injustice toward me, and refuse this request, I here give you fair warning-let the consequences fall on your own head-I shall hold myself accountable both before God and man for the course I shall feel bound to pursue toward you."

The sober, second thought of Gen. Shields told him he had been hasty and injudicious in penning such a letter, and he authorized two senators to call upon the judge and ask for its withdrawal. But to this the latter would not consent, and on Feb. 26, published the letter with his comments in the National Intelligencer. The general published a card in reply, in which he endeavored to explain that the warning which had been construed into a threat of assassination, merely meant an exposure of character.

He having failed to establish the fact of his naturalization while he was yet a minor, the committee of the senate to whom his credentials had been referred were not long in coming to a conclusion that he was ineligible to his seat, and their report to that effect was brought in. Thereupon Gen. Shields tendered his resignation, which, however was not accepted by the senate, but the resolution declaring him ineligible was adopted after a long debate without a division, March 15.

The legislature having adjourned, an interesting controversy arose in the public press in regard to the power of the governor to fill the vacancy. Gov. French decided not to make any appointment, but to call the legislature together again for the purpose of choosing a senator. That body was convened Oct. 22, by which time the disability of Gen. Shields had been removed through the lapse of time. The contest between the three candidates which had been sufficiently warm in the first instance was now renewed and soon became exceedingly bitter; the hostility to Shields being greatly aggravated by the publication of his intemperate letter to Judge Breese. The candidates were not far apart in the caucus, the first ballot giving Shields 28 votes, Breese 21, and McClernand 18. The general, however, succeeded on the twenty-first ballot, which stood, Shields 37, Breese 20, and McClernand 12. Of course his election by the general assembly followed in due time.

The prolonged and exciting discussion growing out of the new acquisitions of territory under the treaty of Guadaloupe Hidalgo began at this session, and the opponents of the extension of slavery succeeded in adopting a joint-resolution, by a vote of 14 to II in the senate and 38 to 34 in the house, instructing our senators in congress, and requesting our represen

THE BLOODY-ISLAND DIKE CONTROVERSY.

565 tatives, to use all honorable means to procure the enactment of such laws by congress as should contain the express declaration "that there shall be neither slavery nor involuntary servitude in said territories, otherwise than in the punishment of crimes whereof the party shall have been duly convicted." The resolution was supported by all the whigs and a sufficient number of democrats in each house to carry it.

Another subject which occupied the attention of the legislature was the controversy between Gov. French and the authorities of St. Louis in regard to the construction of a dike from Bloody Island to the Illinois shore. The formation of sandbars in the Mississippi River opposite St. Louis threatened the diversion of the channel of the river to its left bank and the destruction of the harbor of that city. Congress had been invoked and had made an appropriation to improve and protect the harbor, and St. Louis determined in pursuance of the plans of the government, as was alleged, to construct a dike which would force the current of the river to the St. Louis side. The governor was induced to regard the work as an infringement upon the rights of the people of Illinois. The papers of the period were full of the controversy, and proceedings were held in the courts to enjoin the prosecution of the work. The matter being brought before the legislature and duly considered, the controversy was finally adjusted by the passage of a resolution, mutually satisfactory to the parties concerned, providing that the city of St. Louis should be authorized and empowered to complete the works then in progress upon condition that it should guarantee the construction of a safe and commodious highway over the dam or dike, the full right of way over which should be secured to the public, and that said city should provide for the St. Clair-County Ferry-Company a landing on Bloody Island free from all expense or damages. The work was completed by Feb. 1, 1851, as stipulated. And thus it happened, that the city of St. Louis constructed at its own expense, within the jurisdiction of Illinois, a costly work of internal improvement-primarily for the benefit of its own citizens but ultimately, as the result proved, greatly to the advantage of the people of this State, not only without the consent of the latter but in the very teeth of their active executive and legal

opposition, for to this dike is due the growth of the thriving and important city of East St. Louis.

It was at this session of the legislature that the course was adopted in reference to internal improvements, which soon became known and defended under the name of "State policy.” This was to refuse the granting of charters for the construction of railroads unless the contemplated line began and ended at some prominent town or city in the State. The question arose upon the presentation of a resolution of the Indiana legislature requesting that Illinois would incorporate a company for the building of a railroad, to be called the Ohio and Mississippi, which was to have its starting point on the Ohio River at Cincinnati and terminate on the Mississippi River opposite St. Louis. A long and exciting contest grew out of the question of the adoption of such a policy, which was participated in not only by the people living along the route of the proposed railroad, but by the press and capitalists of this and other states as well. Meetings were held, at which the exclusive policy was denounced in strong terms, and the governor was requested to call a special session of the legislature for the purpose of enacting a general railroad-law, which had failed of passage at the regular session. Immense meetings were also held in the interest of "State policy" - the one at Hillsboro being attended by 12,000 people.

At the special session a general railroad-law was passed, but it contained so many defective and objectionable provisions as to render it practically inoperative. At the same time, the joint-committee on railroads made a formal report which was adopted by a vote of 43 to 27 in the house, and with but two dissenting votes in the senate, in which this peculiar doctrine was set forth, as follows: "that the prosperity of a state consists not only in the virtue and intelligence of a brave and energetic people, in the richness of her soil and natural resources, but also in the number and extent of her flourishing towns, cities, and villages." "That any internal improvement tending in its operations to impede the growth and prospects of cities, towns, and villages, within our our own borders, ought not to be encouraged." "That a railroad commencing at our eastern boundary and terminating opposite St. Louis and also uniting