A rare Illinois Supreme Court Attorney Appointment with original seal including the signatures/autographs of 7 Justices, 4 of which served in an IL regiment during the Civil War, and an additional Civil War veteran's signature (Clerk Superintendent) measuring approximately 9 1/4 x 11 3/4 visible printed inches behind glass in its original period wood frame measuring approximately 21 1/2 x 25 5/8 inches.  A few "tidbits" of note: One justice, a Yale graduate, ruled on the infamous Haymarket Massacre (Magruder), another ended up as a Brigadier General (Phillips) and fought and was wounded (3 times) in many battles including Shiloh.   One justice could not be identified.  See history below.  Last two listed photos for reference only and are from the Lincoln Library and Northern IL University online, respectively.  Thanks for looking.

Richard V. Carpenter, attorney in Belvidere, IL as of 1912.

Most of the information was obtained from Northwestern University.

Jesse J. Phillips was born in Montgomery County IL, on May 22, 1837. His parents had been some of Montgomery County’s pioneers after moving from Kentucky. Phillips spent all of his young adult life in Montgomery County, and attended public school there. He received a liberal education at the Hillsboro Academy, and after he graduated in 1857 he decided to pursue a career in law. He studied law at the law offices of Davis and Kingsbury and was admitted into the bar in 1861. He had only practiced law for a year when the outbreak of the Civil War called him to military duty.

In many ways, Phillips later successes in the legal field can be attributed to the popularity he earned during his involvement in the Civil War. When President Lincoln first called for 75,000 troops in the spring of 1961, Phillips helped raise a company of troops and was elected captain. When the 9th Illinois Infantry Regiment was formed, Phillips was elected its major. 

For the first three months of service, the 9th regiment mainly had garrison duty. It was then disbanded and reformed. It saw its share of combat, and after a number of particularly bloody battles, became known as “The Bloody Ninth.” Phillips remained Major of the company, but was promoted to Lieutenant Colonel on December 2, 1861. His first battle as Lt. Colonel was an attack on Fort Henry. 

Phillips became famous for leading charges on enemy troops on horseback, and on three separate occasions his horse was shot out from under him. He was a powerfully built man, and his thick dark hair, which he wore at shoulders length, would flow behind him as he charged into battle, creating an inspiring image for soldiers. In the battle of Fort Donelson, Philips’ horse was shot out from under him while leading a bayonet charge. In this battle, out of the “Bloody Ninth’s” 600 men, 35 were killed and 160 wounded. After the battle, General Grant publicly acknowledged the bravery of Phillips for leading the charge. 

Phillips was also part of the famous battle of Shiloh which took place on April 6, 1862. In this battle the Ninth lost over half of its men. Out of the regiment’s 570 men, 61 were killed and 287 men were wounded. In this battle, Phillips horse was shot three times before falling. Phillips also was shot three times, once through the hand, and twice through the thigh. 

In May of 1864, the Ninth was part of an attack against the Confederate Army in Tennessee. In this campaign, at the battle of Resaca, Phillips had his third horse shot-out from under him, and was also shot in the ankle. Although Phillips resigned on September 1, 1864, he was later promoted to Brigadier General for his bravery in battle. 

After the war Phillips returned to his home and law practice in Hillsboro, IL. After a successful career as a lawyer, he was elected to be a circuit court judge in 1879, and was re-elected in 1885. In 1890, he was appointed to be a judge of the appellate court in the Fourth District. After the death of Judge Scholfield in the Illinois Supreme Court, Phillips was elected to fill the vacancy in 1893, and was re-elected in 1897. On June 3rd of the same year he was chosen to be Chief Justice of the Illinois Supreme Court by his colleagues on the Supreme Court. 

Justice Phillips owed much of his success to the “Soldiers Vote.” His distinction in the war made him extremely popular among veterans. He was an avid Democrat, and ran for State Treasurer unsuccessfully under the Democratic ticket in 1866 and 1888.

On the bench, Phillips was known for his passion and love for argument. Very much a solider at heart, friends said of Phillips that he “loved a good fight.” He was particularly determined about fighting against trusts and monopolies. Phillip’s health was failing for several months prior to his death, and on several occasions the doctors felt like he would die, but he always rallied himself back to relative health. Jesse J. Phillips finally passed away in his home on February 16th, 1901.

Sources:

“Jesse J. Phillips Dead.” The Chicago Daily. Feb 16, 1901, p. 1. ProQuest Historical Newspapers Chicago Tribune (1849-1885). Northwestern University, Evanston, IL.

“Death of Justice Phillips.”Chicago Daily Tribune, Feb. 17, 1901, p. 38. ProQuest Historical Newspapers Chicago Tribune(1849-1885). Northwestern University, Evanston, IL.

“Justice Phillips Near Death.” Chicago Daily Tribune; Mar. 3, 1900, p. 1. ProQuest Historical Newspapers Chicago Tribune (1849-1885). Northwestern University, Evanston, IL.

Phillips is pictured in the Abraham Lincoln Presidential Library in Springfield, Illinois, which is the repository for photographs of more than 8,000 Illinois soldiers who served in the Civil War. 


David Jewett Baker was born on November 20, 1834 in Kaskaskia, Illinois. He received his early education in the area, and attended Shurtliff College in Upper Alton Illinois for his advanced education. In his academic work, Baker was known by his colleagues and professors to be exceptionally bright. He graduated with honors in 1854. 

He chose to stay in Upper Alton to pursue a career in law, and studied in his father's law offices, D.J. and H.S. Baker. On November 15, 1856 Baker was admitted to the Illinois Bar and moved to Cairo, Illinois.

In Cairo, Baker worked with a number of different law firms, and also concerned himself with the civic affairs of the city. He served one term as the City Attorney, and also one term as the city’s Mayor. In July 1864 Baker married Sarah Elizabeth White from Cairo. The couple had five children, three daughters, and two sons. One of Baker’s sons joined the military while the other went into legal practice with his father. 

In his whole career, Baker spent nearly 28 years as a judge and represented 4 different districts. He was first elected to be a circuit court judge of the 19th district of Illinois in 1869. He was re-elected to this position in 1873, 1879, and again in 1885. In June of 1879 the Illinois Supreme Court appointed Baker to be an appellate judge for the 4th district. However, in 1882 the Supreme Court appointed him to serve in the same capacity as an appellate judge, this time for the 2nd judicial district. 

In July in 1878 the death of Supreme Court Justice Sidney Bresse left a vacancy on the Supreme Court in the 1st district. Illinois Governor Collum chose to appoint Baker for the vacant position. This was significant at the time, because it was a rare occasion a Governor to be appointed a Supreme Court Justice; the majority of Supreme Court Judges received their positions through election. 

Once appointed, Baker had to run for election in June of 1885. Baker was a Republican, and in this particular election the Illinois Democrats made considerable efforts against his campaign, yet he did win the election to the surprise of many. He was, however, voted out of office in the 1897 election and was replaced by Democratic Judge Boggs by a narrow margin of 150-200 votes. 

After losing the 1897 election, Baker retired from serving as a Judge and returned to his private practice in Cairo with his son. He practiced at a number of firms including Mulkey & Baker, and Green & Baker. On Monday, March 13th, 1899, he was found dead in his law office. The cause of death was heart attack. 

Sources:

"David J. Baker- Obituary." Chicago Legal News, 31 (1898): 253. 19th Century Masterfile. Northwestern University, Evanston, IL.

"Bogs Elected in First District." Chicago Daily Tribune. June 15, 1897, p. 2. ProQuest Historical Newspapers Chicago Tribune (1872-1963). Northwestern University, Evanston, IL.

His father, David Jewett Baker, lawyer and United States Senator, was born at East Haddam, CT, Sept. 7th, 1792. His family removed to New York in 1800, where he worked on a farm during boyhood, but graduated from Hamilton College in 1816, and three years later was admitted to the bar. In 1819 he came to Illinois and began practice at Kaskaskia, where he attained prominence in his profession and was made Probate Judge of Randolph County. His opposition to the introduction of slavery into the state was so aggressive that his life was frequently threatened. In 1830 Governor Edwards appointed him United States Senator, to fill the unexpired term of Senator McLean, but he served only one month when he was succeeded by John M. Robinson, who was elected by the Legislature. He was United State's District Attorney from 1833 to 1841 (the State then constituting but one district), and thereafter resumed private practice. Died at Alton, Aug. 6, 1869.  Source:genealogytrailsdotcom


Joseph N. Carter was born in Hardin County Kentucky on March 3rd, 1843. Little is known of Carter’s early life; however sometime before the outbreak of the Civil War, Carter’s family moved to Illinois. During the war Carter served in the 70th Illinois Infantry as a private. He was only 19 at the time, and after the war ended Carter returned to school.

Carter received his college education from Illinois College in Jacksonville, IL. He graduated in 1866, and then went to the University of Michigan to receive his legal degree. He graduated from the University of Michigan in 1869. The same year he was admitted to the bar in Illinois, and chose to practice in Quincy, Illinois, which would be his home for the rest of his life. 

In Quincy, Carter had a successful career as a lawyer but was also extremely involved in politics. In 1878, Carter was elected to the Illinois State Legislature. He sat on the legislature only until 1888; yet even in this amount of time, Carter was considered a possible candidate for Speaker of the House. He was, however, unable to secure another term in the legislature. In 1892 Carter he was nominated as a candidate for Lt. Governor for Illinois by the Adams County Republican party, but failed to receive the nomination at the state convention.

Carter finally found his political niche when he was elected to the Illinois Supreme Court in 1894 in an upset victory. Carter was nominated by the Republican Party for the 1894 Illinois Supreme Court to replace Judge Shope in the 4th judicial district. The 4th district had, however, a Democratic majority of almost 7,000 according to the most recent presidential election. Carter’s Democratic opponent in the election was also a seasoned circuit court judge, while Carter had no experience as a judge. Apparently motivated by his last political shortcomings, Carter ran a fierce campaign and won the election with a 4,000 vote majority.

Carter served on the Supreme Court until 1903, and served as Chief Justice in 1898. In the 1903 election Carter was defeated by the son of one his former colleagues. Justice Alfred M. Craig had served along side Carter from the time that Carter was elected until 1900, when Craig was voted out and replaced by a Republican rival. In the 1903 Alfred M. Craig’s son, Charles C. Craig ran against and defeated Carter.

Carter spent the last several years of his life almost completely paralyzed from a stroke. On February 6, 1913, Joseph N. Carter had a final stroke which ended his life. His wife and three children survived him.

Sources:

"Memorial Services for Judge Carter of the supreme court." Chicago Legal News 46 (1913): 141. 19th Century Masterfile. Northwestern University, Evanston, IL.

"Joseph N. Carter." Chicago Legal News 27 (1886-1898): 143. 19th Century Masterfile. Northwestern University, Evanston, IL.


Benjamin Drake Magruder was born on September 27, 1838 in Natchez, Mississippi. His father, Professor W. K. N. Magruder and his mother were both originally from the North. Because his father was a professor, he prepared young Benjamin for college on his own, and at age 14, Benjamin Magruder entered Yale University.

Magruder graduated from Yale at age 18 and immediately entered The University of Lousiana’s department of law. After graduating from the legal department, Magruder was admitted to the bar in Memphis and chose to practice there for several years. The outbreak of the Civil War in 1861 caused Magruder to leave the South, and he moved to Chicago.

In Chicago, Magruder built up a successful legal practice. His relationship with one of his partners, George F. Bailey, would eventually lead him toward a life as a judge. George F. Bailey was also a former partner of Judge Joseph E. Gary, who, on the recommendation of Bailey, appointed Magruder to be Master of the Superior Court of Cook County. Magruder served in this capacity for 16 years.

In 1885 Magruder decided to run for the Illinois Supreme Court, and was named by the Republican party to be the successor of Justice T. Lyle Dickey who died the same year. Interestingly, the Democrats also endorsed Magruder, and he ran unopposed for the position on the Illinois Supreme Court. He was re-elected in 1888 and 1897, but failed to receive the Republican nomination in 1906. Although his failure to receive the nomination no doubt had political explanations, many believed he was too old to be still serving on the bench. Magruder tried to run as an independent but was defeated. After being defeated, Magruder returned to private legal practice at age 68.

Magruder served 21 years in all on the Illinois Supreme Court, and served as Chief Justice in 1891, 1896, and 1902. In his decisions he was known for his staunch anti-trust stance, and his skepticism of the character of modern business. Magruder believed business had become riddled with men of means and apprehensible character, and was known to fight for those who were less fortunate. 

Shortly after coming to Chicago, Magruder married Julia M. Lathum (or Lathrop) in 1864. They had a son and a daughter together. The couple’s daughter died around the turn of the century, and Mrs. Magruder died several years later in 1904. 

Magruder was a member of the 4th Presbyterian Church for over 40 years, and served as a church elder for a number of those years. Due to his distinguished legal career, Yale conferred upon him the Degree of Doctor of Laws in 1906.

After having a brief bout with Bright’s disease, Benjamin Drake Magruder was found dead in his home on April 21, 1910, presumably from kidney failure. 

Sources:

"Benjamin Drake Magruder- Obituary." Chicago Legal News 42(1910): 297. 19th Century Masterfile. Northwestern University, Evanston, IL. 

"Memorial of the Late Benjamin Drake Magruder of the Illinois Supreme Court." Chicago Legal News, 43 (1910): 85. 19th Century Masterfile. Northwestern University, Evanston, IL.


Haymarket Massacre - On September 14, 1887—six months after hearing the oral arguments—the Supreme Court of Illinois filed its decision. Speaking for the six justices who heard the case, Benjamin Magruder, pictured here, stated "that neither in the record and proceedings aforesaid, nor in the rendition of the judgment aforesaid, is there anything erroneous, vicious, [or] defective," and he reaffirmed the lower court's decision. Magruder's assertion that the Supreme Court had "diligently examined and inspected" the record was convincing, for he went into remarkable detail in crafting his opinion, dealing with all the defendants and multiple pieces of evidence. The full opinion—some 219 pages in the original typescript—is available in the Haymarket Affair Digital Collection.  Magruder ruled that the key questions were whether the defendants had "a common purpose or design to advise, encourage, aid or abet the murder of the police," whether they acted to carry out this purpose or design, and whether they acted or spoke in such a way that had "the effect of encouraging, aiding, or abetting the crime in question." The answer to all of these questions was yes. In virtually every instance, Magruder interpreted the circumstantial evidence on which the conviction was based as incriminating proof, always giving the prosecution the benefit of the doubt. In Magruder's view, the bomb used in the Haymarket was clearly constructed by Louis Lingg. It was part of an unlawful conspiracy that included the International Working People's Association, the various anarchist subgroups in Chicago, and armed organizations like the Lehr- & Wehr-Verein.  In the opinion of the court, almost every detail of the Haymarket meeting—such as Spies's decision to locate it on Desplaines Street instead of the Haymarket itself, and the delay in starting—was not the result of accident or disorganization, but part of a plan. Magruder also said that the case against Neebe, considered by many to be questionable, was substantial enough to convict him. Since Neebe helped distribute some of the circulars advertising the meeting, Magruder added in a tricky use of the double negative, "we cannot say that the jury were not justified in holding him responsible" for the murder of Matthias Degan. Similarly, Judge Gary's instructions in the lower court were in order and the jury was competent.  One justice, John H. Mulkey, offered the only demurral. Stating that his health prevented him from filing a separate opinion, he said that he did not think the trial record was free from error. Given the number of defendants, however, the length of the proceedings, the amount of testimony, and the number of Gary's rulings, Mulkey marveled "that the errors were not more numerous and more serious than they are."  But Mulkey did not say what he thought the errors were, and in the end concurred in the opinion. He added that he was "fully satisfied that the conclusion reached vindicates the law, does complete justice between the prisoners and the State, and that it is fully warranted by the law and the evidence." This was perhaps an elegant way of saying that the ends justified the means, which probably reflected the feelings of many others both within and outside the legal profession.  Source:chicagohistorydotorg

Jacob Wilson Wilkin was born in Newark, Ohio, on June 7, 1837, to Virginia natives Isaac Wilkin and Sarah (Burner) Wilkin. At the age of eight, Jacob Wilkin moved to Crawford County, Illinois, with his parents. Although Isaac Wilkin had originally been a contractor builder in Ohio, he became a farmer on arrival to Illinois and purchased a farm in Marshall, Illinois. 

Jacob had eight brothers and sisters, and he and his siblings spent most of their youth working the family land. After receiving a preliminary education in Crawford County, Jacob attended McKendree College in St. Clair County. Although Wilkin intended to immediately pursue a career in law, the outbreak of the Civil War caused him to enlist as a private among a group of Clark County volunteers. When the 130th Illinois infantry formed on October 25, 1862, Wilkin was elected captain, an honor he considered his greatest accomplishment. 

As captain of the Illinois 130th, Wilkin received several special assignments. After first serving under General Grant in the campaign against Vicksburg, Capt. Wilkin and his company were assigned to the special duty of guarding the headquarters of General Grant. He was then transferred to the staff of General Ransom, and finished his military service with the captures of the Spanish Fort and Fort Blakely. Wilkin remained in command of his company until the fall of 1865 although the Confederate army had already been defeated. He was promoted to the rank of major at the end of the war for “gallant services in the field.” Despite the promotion Wilkin resigned from the military to pursue a career in law.

Wilkin chose to return to Marshall, Illinois, and studied law under John Scholfield. Once Wilkin was admitted to the bar in 1866, he and Scholfield went into private practice together until Scholfield became an Illinois Supreme Court judge in 1873. Wilkin continued the private practice until 1879.

In 1880 Wilkin was elected to the fourth judicial circuit of Illinois. He was re-elected to the circuit in 1885, and after moving to Dansville in Vermilion county was appointed to the Appellate Court of the 4th District where he served until 1888. 

In 1889 Wilkin was elected to the Illinois Supreme Court representing the 3rd Supreme District following the vacancy on the Supreme Court Bench left by Judge John. M Scott. He was re-elected to the Illinois Supreme Court in 1897, and 1906. Serving close to 19 years on the bench, twice Wilkin acted as Chief Justice to the Illinois Supreme Court. 

He was married twice in his lifetime and had five children, three of which survived. His first marriage to Alice E. Constable immediately followed his return from the Civil War. Ms. Constable was the daughter of the prominent Illinois Judge, Charles H. Constable. Wilkin had all of his children by Ms. Constable, of which two sons and a daughter lived to see adulthood. Following the death of his first wife, he married Sarah E. Archer in the fall of 1885. Ms. Archer was the daughter of another Illinois Judge, Judge Whitlock from Marshall, Illinois. 

In his life time, Wilkin was a member of the societies of the Masons, Scottish Rite, and Knights of Pythias. He was also an active Republican, and was selected by the Republicans in his district in 1872 to serve as a presidential elector. Wilkin was an active member of the Methodist Episcopal Church and was said to be a deeply religious man. He was considered to be a man of great simplicity resembling the conduct of “old Southern Gentlemen” accredited to his father’s Virginia routes.

He was a widely respected member of the Illinois Supreme court known for his skill of oration and courtesy. Although Wilkin showed particular favor to young lawyers, he was considered an open-minded and impartial judge. John Wilson Wilkin died in office on April 3, 1907, from an unknown illness. At this time he was reportedly preparing his dismissal papers.

Sources:

“Judge Jacob W. Wilkin- An Appreciation.” Illinois Law Review. June, 1907. Volume II, Number 2. pgs 67-77. Nineteenth- Century Masterfile. Northwestern University, Evanston, IL.

“Honorable Jacob W. Wilkin.” The Daily Inter Ocean, (Chicago IL) Saturday, February 04, 1888: pg 5; Issue 314; col C. Nineteenth-Century Newspapers. Northwestern University, Evanston, IL.

“Jacob Wilkin: Previous Supreme Court Justice,” http://www.state.il.us/court/supremecourt/justicearchive/Bio_Wilkin.asp.


James H. Cartwright was born on December 1, 1842 in a log cabin in the Iowa territory. The cabin was one of three log cabins, which sat on what today is the location of the city of Maquoketa. His father was a Methodist preacher, and James was one of six children. As a boy, James was weak and fragile, and was not expected to live an exceedingly long life. However, as time went on he overcame his physical weakness. His family later moved to Mt. Morris, Michigan where he attended grammar school, and began to follow in his father’s footsteps by attending Rock River Seminary. 

Cartwright’s was not able to finish seminary, as his attendance was infrequent due to the work he was required to do on the family farm. He had made, however, enough of a impact on his teachers, that he was recommended by the faculty for a position as a teacher in a nearby school. 

Cartwright was 19 years old at the outbreak of the Civil War, and he enlisted in the 69th Illinois Regiment. After serving for three months his enlistment expired and he chose to return home to take care of his family, as his father had taken a commission as a Chaplin under General Sherman. In June of 1864, however, Cartwright reenlisted in the 144th Illinois Infantry which was intended to relieve some of the veteran troops until the end of the war. Although he was only 22, Cartwright was elected Captain of the regiment. Due to his young age, however, his superiors asked him to resign to make room for a more experienced officer. Cartwright resigned, but, nevertheless, his troops voted him Captain again, the position which he held until the end of the war. 

His role as a Captain gave him enough money to return to school, and Cartwright entered into the University of Michigan Law school in 1865. At the time law school only took two years, and in 1867 he returned to Illinois and was admitted into the bar. In 1868 Cartwright was selected general attorney and solicitor for the building of a Chicago and Iowa railroad. This gave him extensive litigation experience, and he held this position until 1876. In 1873 he married Hattie L. Homles from Oregon, Illinois. The couple would have six children over the course of their marriage. 

After leaving his position of general attorney to the railroad, Cartwright took up the practice of Law in Oregon, Illinois. He maintained his private practice in Oregon until 1888 when he was elected circuit court judge. In 1891 he was re-elected and began serving as an appellate judge in the 2nd district at Ottawa. In 1895, Cartwright was elected to fill a seat on the Illinois Supreme Court after the death of Justice Bailey. In the first year after his election, Cartwright wrote a remarkable 66 opinions, a number which only increased in subsequent years. He was later re-elected in 1897, 1906, and 1915. In total, he served 28 years on the Supreme Court and authored over a thousand opinions. Although he was active in the Republican Party, he never sought political office himself. Despite his hard work he kept a large hobby farm he used for relaxation, and was also a student of political history. His tireless work on the bench contributed to the fact that he died in office at age 81. On May 18, 1924, James H. Cartwright died less than a month before he was up for election for another nine-year term.

Sources:

DeWitt, Clyde F. “Editorial Note: James H. Cartwright,” Illinois Law Review. Volume 15, November (1920): pages 271-277.

"J.H. Cartwright, Justice, Is Dead: Supreme Court Member Taken While Arising." Chicago Daily Tribune (1872-1963); May 19, 1924; ProQuest Historical Newspapers Chicago Tribune (1849-1986) pg. 1


Albert D. Cadwallader

Birth: Jul. 25, 1846
Death: May 1, 1924

According to the 1910 census, he was a lawyer. He and his wife had a servant. In the 1880 census, he was postmaster. He was also in the Civil War. 
 
 Spouse:  Vesta Cadwallader (1851 - 1937)
 
Burial:
Old Union Cemetery 
Lincoln
Logan County
Illinois, USA
Source:findagravedotcom