James A. McDougall
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James Alexander McDougall (November 19, 1817 – September 3, 1867) was an American attorney and
politician A politician is a person active in party politics, or a person holding or seeking an elected office in government. Politicians propose, support, reject and create laws that govern the land and by an extension of its people. Broadly speaking, a ...
elected to statewide office in two
U.S. state In the United States, a state is a constituent political entity, of which there are 50. Bound together in a political union, each state holds governmental jurisdiction over a separate and defined geographic territory where it shares its sover ...
s, then to the
United States House of Representatives The United States House of Representatives, often referred to as the House of Representatives, the U.S. House, or simply the House, is the Lower house, lower chamber of the United States Congress, with the United States Senate, Senate being ...
and
United States Senate The United States Senate is the upper chamber of the United States Congress, with the House of Representatives being the lower chamber. Together they compose the national bicameral legislature of the United States. The composition and pow ...
. A gifted orator, McDougall began his career as a
civil engineer A civil engineer is a person who practices civil engineering – the application of planning, designing, constructing, maintaining, and operating infrastructure while protecting the public and environmental health, as well as improving existing ...
in
New York New York most commonly refers to: * New York City, the most populous city in the United States, located in the state of New York * New York (state), a state in the northeastern United States New York may also refer to: Film and television * '' ...
, then
read law Reading law was the method used in common law countries, particularly the United States, for people to prepare for and enter the legal profession before the advent of law schools. It consisted of an extended internship or apprenticeship under the ...
, rising quickly to heights in his profession in
Illinois Illinois ( ) is a U.S. state, state in the Midwestern United States, Midwestern United States. Its largest metropolitan areas include the Chicago metropolitan area, and the Metro East section, of Greater St. Louis. Other smaller metropolita ...
, where he became a friend of fellow prairie attorneys
Abraham Lincoln Abraham Lincoln ( ; February 12, 1809 – April 15, 1865) was an American lawyer, politician, and statesman who served as the 16th president of the United States from 1861 until his assassination in 1865. Lincoln led the nation thro ...
,
Edward D. Baker Edward Dickinson Baker (February 24, 1811October 21, 1861) was an American politician, lawyer, and US army officer. In his political career, Baker served in the U.S. House of Representatives from Illinois and later as a U.S. Senator from Orego ...
, and
Stephen Douglas Stephen Arnold Douglas (April 23, 1813 – June 3, 1861) was an American politician and lawyer from Illinois. A senator, he was one of two nominees of the badly split Democratic Party for president in the 1860 presidential election, which was ...
. Like many Americans, McDougall was drawn to Gold Rush California in 1849; he resumed his law practice and was elected second
attorney general In most common law jurisdictions, the attorney general or attorney-general (sometimes abbreviated AG or Atty.-Gen) is the main legal advisor to the government. The plural is attorneys general. In some jurisdictions, attorneys general also have exec ...
for the new state of
California California is a U.S. state, state in the Western United States, located along the West Coast of the United States, Pacific Coast. With nearly 39.2million residents across a total area of approximately , it is the List of states and territori ...
. In the
election of 1860 The following elections occurred in the year 1860. Most notably, the 1860 United States presidential election was one of the events that precipitated the American Civil War. North America United States * California's at-large congressional distr ...
, Lincoln won the
presidency A presidency is an administration or the executive, the collective administrative and governmental entity that exists around an office of president of a state or nation. Although often the executive branch of government, and often personified by a ...
as a
Republican Republican can refer to: Political ideology * An advocate of a republic, a type of government that is not a monarchy or dictatorship, and is usually associated with the rule of law. ** Republicanism, the ideology in support of republics or agains ...
, Baker was elected Republican senator from
Oregon Oregon () is a U.S. state, state in the Pacific Northwest region of the Western United States. The Columbia River delineates much of Oregon's northern boundary with Washington (state), Washington, while the Snake River delineates much of it ...
, and McDougall was elected senator from California, joining Douglas in the Senate as fellow
War Democrats War Democrats in American politics of the 1860s were members of the Democratic Party who supported the Union and rejected the policies of the Copperheads (or Peace Democrats). The War Democrats demanded a more aggressive policy toward the Con ...
. All three of McDougall's Prairie State friends would die in the six years before his term as senator expired. A noted drinker, McDougall once gave an address to the Senate disparaging a proposed rule to outlaw the sale of alcohol in the
United States Capitol The United States Capitol, often called The Capitol or the Capitol Building, is the seat of the legislative branch of the United States federal government, which is formally known as the United States Congress. It is located on Capitol Hill ...
, but died shortly after leaving the Senate, "...hastened by his indulgence in the bowl."


Early life

James Alexander McDougall was born on November 19, 1817 in
Bethlehem, New York Bethlehem is a town in Albany County, New York, United States. The town's population was 35,034 at the 2020 census. Bethlehem is located immediately to the south of the City of Albany. Bethlehem includes the following hamlets: Delmar, Elsmer ...
and educated in the Albany grammar schools,Shuck, ''Bench and Bar in California'', p. 357 where he excelled in mathematics and civil engineering. While still a young man, McDougall assisted the survey of the Mohawk and Hudson Railroad, later known as the Albany and Schenectady, one of the first railroads in the nation. McDougall began the study of law in Albany before moving westward, settled in
Pike County, Illinois Pike County is a county in the U.S. state of Illinois. According to the 2010 United States Census, it had a population of 16,430. Its county seat is Pittsfield. History Pike County was formed in January 1821 out of Madison County. It was named ...
in 1838, married the daughter of a leading
Jacksonville Jacksonville is a city located on the Atlantic coast of northeast Florida, the most populous city proper in the state and is the List of United States cities by area, largest city by area in the contiguous United States as of 2020. It is the co ...
attorney, and joined the
Democratic Party Democratic Party most often refers to: *Democratic Party (United States) Democratic Party and similar terms may also refer to: Active parties Africa *Botswana Democratic Party *Democratic Party of Equatorial Guinea *Gabonese Democratic Party *Demo ...
. He completed his study and began practicing law in
Cook County Cook County is the most populous county in the U.S. state of Illinois and the second-most-populous county in the United States, after Los Angeles County, California. More than 40% of all residents of Illinois live within Cook County. As of 20 ...
, where McDougall soon made the acquaintance of another rising
Chicago (''City in a Garden''); I Will , image_map = , map_caption = Interactive Map of Chicago , coordinates = , coordinates_footnotes = , subdivision_type = Country , subdivision_name ...
lawyer,
Stephen A. Douglas Stephen Arnold Douglas (April 23, 1813 – June 3, 1861) was an American politician and lawyer from Illinois. A senator, he was one of two nominees of the badly split Democratic Party for president in the 1860 presidential election, which wa ...
.


Political career


Illinois

In January 1843 the 25-year-old McDougall was elected
Illinois Attorney General The Illinois Attorney General is the highest legal officer of the state of Illinois in the United States. Originally an appointed office, it is now an office filled by statewide election. Based in Chicago and Springfield, Illinois, the attorney ...
; he was re-elected in 1844.Rhodes, ''James A. McDougal'', in Shuck, ed. ''Representative and Leading Men of the Pacific'', p.689 "Small in stature, he had uncommon strength of constitution, as well as of mind. He was a brilliant speaker, skillfully wielding the weapons of repartee, humor, and sarcasm, and made himself one of the most noted speakers of the West." During his tenure in the state capitol,
Springfield, Illinois Springfield is the capital of the U.S. state of Illinois and the county seat and largest city of Sangamon County. The city's population was 114,394 at the 2020 census, which makes it the state's seventh most-populous city, the second largest o ...
, rising tensions in
Nauvoo, Illinois Nauvoo ( ; from the ) is a small city in Hancock County, Illinois, United States, on the Mississippi River near Fort Madison, Iowa. The population of Nauvoo was 950 at the 2020 census. Nauvoo attracts visitors for its historic importance and its ...
gave way to violence when on June 27, 1844, the founder of the
Latter Day Saint movement The Latter Day Saint movement (also called the LDS movement, LDS restorationist movement, or Smith–Rigdon movement) is the collection of independent church groups that trace their origins to a Christian Restorationist movement founded by Jo ...
,
Joseph Smith Joseph Smith Jr. (December 23, 1805June 27, 1844) was an American religious leader and founder of Mormonism and the Latter Day Saint movement. When he was 24, Smith published the Book of Mormon. By the time of his death, 14 years later, he ...
was killed by a mob after surrendering to the custody and protection of the state. McDougall was involved in the negotiations by which the
Mormons Mormons are a religious and cultural group related to Mormonism, the principal branch of the Latter Day Saint movement started by Joseph Smith in upstate New York during the 1820s. After Smith's death in 1844, the movement split into several ...
agreed to leave Illinois. Following his two terms as state attorney general, McDougall returned to private practice in Chicago, establishing a law partnership with
Ebenezer Peck Ebenezer Peck (May 22, 1805 – May 25, 1881) was an attorney and politician in the United States and Lower Canada and a United States federal judge, judge of the United States Court of Claims, Court of Claims. Education and career Born on May ...
. While traveling the circuit and serving as attorney general in Illinois, McDougall became friendly with many fellow lawyers, including Douglas,
Edward D. Baker Edward Dickinson Baker (February 24, 1811October 21, 1861) was an American politician, lawyer, and US army officer. In his political career, Baker served in the U.S. House of Representatives from Illinois and later as a U.S. Senator from Orego ...
and
Abraham Lincoln Abraham Lincoln ( ; February 12, 1809 – April 15, 1865) was an American lawyer, politician, and statesman who served as the 16th president of the United States from 1861 until his assassination in 1865. Lincoln led the nation thro ...
. By 1849, McDougall had been twelve years in the Prairie State of Illinois, and had made himself "one of the most popular men of his state," but like many of his age was still looking westward. McDougall organized and accompanied an exploration of the Rio del Norte, Gila and
Colorado River The Colorado River ( es, Río Colorado) is one of the principal rivers (along with the Rio Grande) in the Southwestern United States and northern Mexico. The river drains an expansive, arid drainage basin, watershed that encompasses parts of ...
s reaching the headwaters of the Rio Grande in what would soon become southwestern
Colorado Territory The Territory of Colorado was an organized incorporated territory of the United States that existed from February 28, 1861, until August 1, 1876, when it was admitted to the Union as the State of Colorado. The territory was organized in the w ...
. Hearing news of the
California Gold Rush The California Gold Rush (1848–1855) was a gold rush that began on January 24, 1848, when gold was found by James W. Marshall at Sutter's Mill in Coloma, California. The news of gold brought approximately 300,000 people to California fro ...
, McDougall returned to Illinois, gathered up his family and possessions, and took the new
steamship A steamship, often referred to as a steamer, is a type of steam-powered vessel, typically ocean-faring and seaworthy, that is propelled by one or more steam engines that typically move (turn) propellers or paddlewheels. The first steamships ...
California California is a U.S. state, state in the Western United States, located along the West Coast of the United States, Pacific Coast. With nearly 39.2million residents across a total area of approximately , it is the List of states and territori ...
to
San Francisco San Francisco (; Spanish language, Spanish for "Francis of Assisi, Saint Francis"), officially the City and County of San Francisco, is the commercial, financial, and cultural center of Northern California. The city proper is the List of Ca ...
.


California

Resuming his law practice, McDougall was elected
California Attorney General The attorney general of California is the state attorney general of the Government of California. The officer's duty is to ensure that "the laws of the state are uniformly and adequately enforced" (Constitution of California, Article V, Section ...
in October 1850 but resigned after a year to accept a seat in the state legislature. In 1852 McDougall successfully ran for Congress as a
Democrat Democrat, Democrats, or Democratic may refer to: Politics *A proponent of democracy, or democratic government; a form of government involving rule by the people. *A member of a Democratic Party: **Democratic Party (United States) (D) **Democratic ...
, pledging to get federal support for a railroad to the Pacific. He did introduce a Pacific Railroad bill, but it was opposed by Thomas Hart Benton. McDougall served a single term in the House before returning to law practice in San Francisco. The Democrats in California split into factions, and election of a California Senator in 1860 became entangled in the national crisis over secession. When it appeared that a secessionist Democrat might be elected, Republicans abandoned their own candidate and threw their support to McDougall.


Washington, D.C.

While serving in the U.S. Senate during the Civil War, McDougall again worked on behalf of a Pacific railroad project, but alcohol abuse made him ineffective. By 1862, McDougall was making a spectacle of himself and neglecting his Senate duties. He fought against some of Lincoln's war measures, but he was mostly dysfunctional. Not once did he travel back to California during his entire six-year term.


Later life

Upon leaving office, McDougall retired to his boyhood home in Albany, New York, where he died on September 3, 1867, presumably of alcoholism. His body was sent to California, per his wishes, and buried in Lone Mountain Cemetery in
San Francisco San Francisco (; Spanish language, Spanish for "Francis of Assisi, Saint Francis"), officially the City and County of San Francisco, is the commercial, financial, and cultural center of Northern California. The city proper is the List of Ca ...
, later renamed
Calvary Calvary ( la, Calvariae or ) or Golgotha ( grc-gre, Γολγοθᾶ, ''Golgothâ'') was a site immediately outside Jerusalem's walls where Jesus was said to have been crucified according to the canonical Gospels. Since at least the early mediev ...
; his remains were reinterred at Holy Cross Cemetery in
Colma, California Colma (Ohlone for "Springs") is a small incorporated List of municipalities in California, town in San Mateo County, California, on the San Francisco Peninsula in the San Francisco Bay Area. The population was 1,507 at the 2020 census. The town w ...
in 1942.


Notes


References

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Further reading

* {{DEFAULTSORT:McDougall, James A. 1817 births 1867 deaths People from Bethlehem, New York American Roman Catholics Democratic Party members of the United States House of Representatives from California Democratic Party United States senators from California California Attorneys General Illinois Democrats Illinois Attorneys General 19th-century American politicians American lawyers admitted to the practice of law by reading law People of California in the American Civil War Burials at Holy Cross Cemetery (Colma, California) Members of the United States House of Representatives from California Burials at Calvary Cemetery (San Francisco, California)