Saturday, August 31, 2013

Emmanual Rahm Owes Arthur Smith a Debt


     Arthur A. Smith was born to Erastus and Martha Hulick Smith in May 9th, 1829 in Batavia, in Claremont County, Ohio.  His father was a New Englander, a native of Rhode Island.  His mother was a native of Ohio.  When young Arthur was eleven years old, Erastus moved his family to Illinois, and in the Fall of 1840 the family settled upon a farm in Knox County.  Young Arthur soon settled into the duties and chores expected of a farmer’s son.

     Given the newness of the territory and the limited opportunities for education, it was a testament to his willingness to seize what chances he could to improve himself.  He was accepted as a student in the Preparatory Department of Knox College, and soon afterward was allowed to enter Knox.  He graduated from there with high honors in 1853.

     After graduation he commenced the study of law under the tutelage of Abraham Becker, an able practitioner of the legal profession in Otsego County, New York.  After studying with Mr. Becker for a year, he finished the course in Becker’s office, and then studied under the Honorable Julius Manning of Peoria.  Upon completion of this commitment, Arthur A. Smith was admitted to the Bar in 1855.  About this time he married Mary Delano, but sadly, the marriage was short-lived, as probably following complications from childbirth, Mary and her child died in early 1856.  Lawyer Smith married again on November 12, 1856, this time to Mary E. Bonner of Galesburg.  During this time lawyer Smith was building up a thriving law practice in Galesburg.  An 1861 Galesburg  Directory shows Arthur Smith as a partner in the firm of Smith and Ford, attorneys, located at 1 Main Street, an address that boasted a few of the city’s law firms.  In 1861 Smith’s family residence was on Prairie Street, the west side, the first door north of Tompkins.  In politics he was a staunch Republican who believed in party principles more than party machinery, and he was elected to the State Legislature in 1861.  It was said that he worked faithfully for the interests of his constituents.

     Shortly after the outbreak of the Civil War he caught the prevailing patriotic fervor and joined up to help crush the rebellion.  With General Abner Clark Harding, of Monmouth, Illinois, he organized the 83rd Regiment of Illinois Infantry.  Harding was elected Colonel, and the commander of the regiment, and Arthur Smith was elected Lieutenant Colonel.  The regiment was sworn in at Monmouth in August of 1862.  Immediately it was ordered to Tennessee, where it performed guard duty along the Cumberland River in the vicinity of Forts Henry and Donelson.

     Smith and Harding’s opportunity to prove their mettle occurred on February 3rd, 1863.  Some of the South’s ablest cavalry commanders, Nathan Bedford Forrest, “Fighting” Joe Wheeler and John A. Wharton led approximately 2500 men in an attack on the 800 federal troops garrisoned at Dover, Tennessee.  Defending the hamlet was the 83rd Illinois, a company of the 5th Iowa Infantry, and a section of the guns of Flood’s Battery.  Colonel Harding commanded the post and Arthur Smith commanded the 83rd Illinois.

     The combined Confederate forces surrounded the village and demanded the surrender of the Union defenders.  During the battle, some of the fiercest fighting pitted Smith’s 83rd against Wharton’s command.  At one point they captured one of Flood’s Battery’s guns.  Colonel Smith led a few brave men in a desperate attempt to recapture it, but were driven back.  The battle raged until nightfall, with both sides running low on ammunition; the rebels finally giving up their attempt in the wake of such determined resistance.  Naval gunboats came up to lend assistance to the defenders, and Colonel Smith was ordered to go aboard to direct their fire.  This caused the rebels to abandon their hope to recapture Fort Donelson as well.  The day of failure led to a bitter falling out between Forrest and Wheeler, in which Forrest told Wheeler “I will be in my coffin before I will serve again under your command.”  General Lowe, the commandant at Fort Henry, lavished praise upon both Harding and Smith for their bravery and meritorious conduct in this battle. 

     Evidently Colonel Smith had earned the respect of the men whom he commanded as well.  Mitchell Thompson wrote on May 12th, 1863, that “our present Col. A. A. Smith is one of the right kind.  An officer or soldier who gets drunk is to be reported to him direct and he will apply Gen. Rosecrans’s order to the very letter.  Before he came down so strong there was a good deal of drinking done.”

     Colonel Smith got a sample of the inhuman side of war shortly afterward.  He had sent a contingent of seven men, led by a Lieutenant Gamble to guard a train headed to Nashville.  The seven men were attacked by rebel guerillas and captured.  The guerrillas stripped them of their shirts, then lined them up and summarily executed them.  Attached to each of the bodies were notes that boasted of their actions.  Scrawled in barely literate letters were the words “killed by guerillas.”  Just before this barbarous act, Lieutenant Gamble broke away from his captors and managed to escape into the underbrush.  When he made his way back to the command and informed his Colonel of what had happened, the Colonel was so outraged that he issued orders that the inhuman butchers be captured, alive or dead.  They were soon brought in; dead.

     Colonel Smith was eventually assigned to the command of the District of Tennessee, with his headquarters at Clarksville.  He held this position until the close of the war, when in 1865 he was mustered out.  On March 13th, 1865 he was brevetted a Brigadier General in recognition of “meritorious and faithful services during the war.” 

     General Arthur A. Smith briefly returned to Galesburg, but a month later he decided to return back to his former headquarters at Clarksville, Tennessee, along with W. A. Peffer, who would eventually become a U.S. Senator from Kansas.  Viewed as “carpetbaggers” by many of the resentful citizens of the former Confederacy, they met with a hostile reception.  He was shot at during one dark night, his residence was peppered with bullets, and he received a number of threatening letters and no doubt torrents of verbal abuse.  Finally capitulating to the advice of friends who urged him to return to Illinois because they feared for his safety in the post-war political turmoil in Tennessee, he returned to Illinois as soon as the Mississippi River ice melted enough to enable him to return home via one of the river steamers.  He resumed his law practice until 1867, when he was appointed by Governor “Uncle Dick” Oglesby to fill the position of Judge of the Circuit Court to fill the unexpired term of Judge John S. Thompson. 

     A local Democrat filed a lawsuit asking that he be removed from the judgeship, stating that he did not meet the requirement of having been a resident of Illinois for five years prior to his appointment.   Smith argued that he never bought a home in Clarksville, that he hadn’t cast a vote in any Tennessee elections for fear that it would jeopardize his Illinois citizenship, and that he rented out his Illinois home rather than sell it.  He had held on to his Illinois law books as well in case he would need them again.

     Does this account read eerily familiar?  It should.  It reads very similar to the circumstances surrounding the debate as to whether Rahm Emanuel was legally qualified to run for the coveted political plum of becoming Chicago’s mayor.  While Emanuel was in D.C., he had rented out his home in Illinois.  He resided in the Nation’s capital for a while,  then returned to the Prairie State to run for political office and his candidacy was challenged because his opponents didn’t believe that he met the residency requirements.

     As happened to Rahm Emanuel close to a century and a half later, it was ruled in a lower court that Smith wasn’t an Illinois resident, and thus couldn’t qualify to be appointed judge.  As Emanuel would do, Smith appealed.  In 1867 the Illinois Supreme Court handed down a ruling that it was clearly Smith’s intent to remain an Illinoisan.  He had chosen to rent his home rather than sell it.  He didn’t take any actions in Tennessee that would have invalidated his Illinois residency.  The State Supreme Court ruled that he was eligible to hold the judicial position that he had been appointed to.

     The Emanuel ruling didn’t sit well with many people, but the precedent had been set back in 1867.  Back in Smith’s day the Supreme Court’s decision didn’t either. The decision was not unanimous.   A justice who wrote a dissenting opinion argued that Smith had moved out of Illinois, and that was all that should really matter.

     His right to wear judicial robes legally affirmed, in June of 1867 he was elected to the same position, as he would be for five consecutive terms.  Dewey’s City Directory in 1868 shows him as an attorney and District Judge.  It lists his residence as on Waters, the southeast corner of Cherry Street.  For a period of twenty nine years he sat on the bench as Circuit Judge.  According to the 1899 Illinois History of Knox County he “performed his duty faithfully, wisely, and justly, with few decisions of his reversed in the higher courts.  The same source is very laudatory, stating that “in public and private life Judge Smith has shown himself to be a superior man.  Rigid integrity, a sound judgment, prudence and discretion are some of the elements of his character.  As a lawyer, his reputation is established for his fairness towards his opponent and for his candor in speech and argument.  As a judge, his impartiality and the justness of his decisions were the predominating characteristics.  As a citizen, his views are broad, liberal and charitable, looking towards the improvement and welfare of his city, his State and his country.  He is regarded as an upright and trustworthy citizen, and is highly honored for his services in the dark days of the rebellion and as a Judge of the Circuit Court.”

     Judge Smith was a member of the Methodist Church early in his life, but later he chose to attend services at the Congregational Church, although never officially becoming a member of the congregation.  He resigned his judgeship in 1889, two years before the expiration of his last term, recognizing that his health was declining.  His lung ailment became worse, and eventually a move was made to Colorado in the hope that the mountain air would be beneficial to his health. It wasn’t.  He died  on the 21st of September, 1900, two months after his arrival in Manitou Springs, Colorado.  He was buried with full military honors in the Grand Army of the Republic section of Hope Cemetery in Galesburg.  He, along with Philip Sidney Post, is one of two Civil War Generals buried in that historic cemetery. 

     Judge Smith left a rich legacy of public service behind him.  He was a member of the Grand Army of the Republic, and was elected its State commander from 1876 to 1879.  He was also a member of the Loyal Legion, and was a trustee at Knox College for more than twenty years, and sat on directorships for both the Galesburg National Bank and the Purlington Brick Factory.  He and his second wife, Mary, left an accomplished family behind as their legacy as well.  Their daughter Blanche became an accomplished musician who spent five years in Europe studying her art.  Three of their sons followed their father into the legal profession, and one became a respected member in the jewelry business in Chicago.

     For so many of his generation though, the war became the defining struggle that honed and shaped their lives.  How adamant a Unionist was General Smith?  How fervently did he believe in the cause?  One has only to walk down to his gravesite near the southwestern edge of Hope Cemetery to find your answer.  Looking down at the family headstones, you’ll note that Mary and Arthur had a son born to them in 1864.  No doubt with the intent of making a definitive statement to fling at those in Illinois who were lukewarm in their support of, or opposed to the war, they named the young infant… “Loyal.”

Sources

     Tom Best covers the Battle of Dover much more thoroughly in his article on the 83rd Illinois, so I didn’t spend too much time recounting the battle.  His article does it ample justice.  I highly recommend it.  Tom was also kind enough to send me the letter from Mitchell Thompson that I quoted.

    Other sources that I used were…

Brown and Hunt’s Brevet brigadier Generals in Blue

1899 Bios Illinois History of Knox County, Trails to the Past

General Arthur A. Smith’s Find a Grave Memorial

Rahm Owes it all to a Civil War Vet, Capitol Fax.com

Battle of Dover Wikipedia

Civil War Veterans of Knox County, IL (website)

    

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