Page:The Atlantic Monthly Volume 2.djvu/491

 the earlier history of this State, that the holding of courts was conducted very much in the style reported of the back counties of Georgia and Alabama in our day. The sheriff would go out into the court-yard and say to the people, "Come in, boys,--the court is going to begin,"--or sometimes, "Our John is going to open court now,"--the judge being just one of the "boys."

Judges did not like to take upon themselves the _onus_ of deciding cases, but shared it with the jury as far as possible. One story, well authenticated, runs thus: A certain judge, having to pass sentence of death upon one of his neighbors, did it in the following form: "Mr. Green, the jury in their verdict say you are guilty of murder, and the law in that case says you are to be hung. Now I want you and all your friends down on Indian Creek to know that it is not me that condemns you, but the jury and the law. What time would you like to be hung, Sir?" The poor man replied, that it made no difference to him; he would rather the court should appoint a time. "Well, then, Mr. Green," says the judge, "the court will allow you four weeks' time to prepare for death and settle up your business." It was here suggested by the Attorney-General that it was usual in such cases for the court to recapitulate the essential parts of the evidence, to set forth the nature and enormity of the crime, and solemnly to exhort the prisoner to repent and fit himself for the awful doom awaiting him. "Oh!" said the judge, "Mr. Green understands all that as well as if I had preached to him a month. Don't you, Mr. Green? You understand you're to be hung this day four weeks?" "Yes, Sir," replied Mr. Green, and so the matter ended.

One legal brilliant blazes on the forehead of youthful Illinois, in the shape of a summary remedy for duelling. One of those heroes who think it safer to appeal to chance than to logic in vindication of tarnished honor, and who imagine the blood of a dead friend the only salve to be relied on for the cure of wounded feelings, killed his opponent in a duel. The law of Illinois very coolly hanged the survivor; and from that time to this, other remedies have been found for spiritual hurts, real or imaginary. Nobody has fancied it necessary to fight with a noose round his neck. If ever capital punishment were lawful, (which I confess I do not think it ever can be,) it would be as a desperate remedy against this horrid relic of mediaeval superstition and impiety, no wiser or more Christian than the ordeal by burning ploughshares or poisoned wine. The rope in judicial hands is certainly as lawful as the pistol in rash ones; so the duellist has no reason to complain.

Some of the later days of Illinois, the days of Indian wars and Mormon wars, pro-slavery wars and financial wars, are too red and black for peaceful pages; and as they were incidental rather than characteristic, they do not come within our narrow limits. There is still too large an infusion of the cruel slavery spirit in the laws of Illinois; but the immense tide of immigration will necessarily remedy that, by overpowering the influence introduced over the southern border. So nearly a Southern State was Illinois once considered to be, that, in settling the northern boundary, it was deemed essential to give her a portion of the lake-shore, that her interests might be at least balanced. They have proved to be more than balanced by this wise provision.

The little excuse there is in this favored region for a sordid devotion to toil, a journey through the State, even at flying pace, is sufficient to show. The fertility of the soil is the despair of scientific farming. Who cares for rules, when he has only to drop a seed and tread on it, to be sure of a hundred-fold return? Who talks of succession of crops, when twelve burdens of wheat, taken from the same soil in as many years, leave the ground black and ready for another yield of almost equal abundance? An alluvial tract of about three hundred thousand acres, near the Mississippi, has been cultivated in Indian cor