he received his
appointment, one wonders whether the courts he held could have been
anything but travesties on justice. But the universal testimony of
those whose memories go back so far, is that justice was on the whole
faithfully administered.[148] The conditions of life in Illinois were
still comparatively simple. The suits instituted at law were not such
as to demand profound knowledge of jurisprudence. The wide-spread
financial distress which followed the crisis of 1837, gave rise to
many processes to collect debts and to set aside fraudulent
conveyances. "Actions of slander and trespass for assault and battery,
engendered by the state of feeling incident to pecuniary
embarrassment, were frequent."[149]
The courts were in keeping with the meagre legal attainments of those
who frequented them. Rude frame, or log houses served the purposes of
bench and bar. The judge sat usually upon a platform with a plain
table, or pine board, for a desk. A larger table below accommodated
the attorneys who followed the judge in his circuit from county to
county. "The relations between the Bench and the Bar were free and
easy, and flashes of wit and humor and personal repartee were
constantly passing from one to the other. The court rooms in those
days were always crowded. To go to court and listen to the witnesses
and lawyers was among the chief amusements of the frontier
settlements."[150] In this little world, popular reputations were made
and unmade.
Judge Douglas was thoroughly at home in this primitive environment.
His freedom from affectation and false dignity recommended him to the
laity, while his fairness and good-nature put him in quick sympathy
with his legal brethren and their clients. Long years afterward, men
recalled the picture of the young judge as he mingled with the crowd
during a recess. "It was not unusual to see him come off the bench, or
leave his chair at the bar, and take a seat on the knee of a friend,
and with one arm thrown familiarly around a friend's neck, have a
friendly talk, or a legal or political discussion."[151] An attorney
recently from the East witnessed this familiarity with dismay. "The
judge of our circuit," he wrote, "is S.A. Douglas, a youth of 28....
He is a Vermonter, a man of considerable talent, and, in the way of
despatching business, is a perfect 'steam engine in breeches.' ... He
is the most democratic judge I ever knew.... I have often thought we
should cut a queer figure if
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