The History of Negro Servitude in Illinois And of the Slavery Agitation in That

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" ' They had been legally in force in the State for forty-six years, in spite of all petitions to the Legislature and attempts to have them repealed, and their final erasure was an outcome of the struggle of 1861-1865 between the North and the South. On the other hand, the Supreme Court, although cases were heard on the subject during a period of forty- five years, practically decided the question of slaveholding in Illinois in 1845, in Jarrot vs. Jarrot, or at the end of twenty-six years.
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...abolitionists have accused the Supreme Court of subserviency to the "Slave Power. " It is, indeed, prac- tically impossible to prove such an accusation to be true, but it is a fact that several judges who sat upon its bench were proslavery in their sympathies. Such were Theophi- lus W. Smith, Judge McLean, Sidney Breeze, and Jesse B. Thomas, all of whom were Conventionists in 1823- 1824. It may be true, and doubtless is, that the general feeling in the State on the slavery question was reflected somewhat in the members of its Supreme Court; and as the universal sentiment changed, the sympathies of the judges experienced a like alteration.

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