William Kellogg (Illinois Politician)
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William Kellogg (July 8, 1814 – December 20, 1872) was a U. S. Representative from
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 ...
and Chief Justice of the Territorial Supreme Court of the
Nebraska Territory The Territory of Nebraska was an organized incorporated territory of the United States that existed from May 30, 1854, until March 1, 1867, when the final extent of the territory was admitted to the Union as the State of Nebraska. The Nebraska ...
.


Personal life and early career

William Kellogg was born in
Ashtabula County, Ohio Ashtabula County ( ) is the northeasternmost county in the U.S. state of Ohio. As of the 2020 census, the population was 97,574. The county seat is Jefferson. The county was created in 1808 and later organized in 1811. The name Ashtabula deriv ...
, on July 8, 1814. After attending local public schools, he studied law and was
admitted to the bar An admission to practice law is acquired when a lawyer receives a license to practice law. In jurisdictions with two types of lawyer, as with barristers and solicitors, barristers must gain admission to the bar whereas for solicitors there are dist ...
. He moved to
Canton, Illinois Canton is the largest city in Fulton County, Illinois, United States. The population was 14,704 at the 2010 census, down from 15,288 as of the 2000 census. The Canton Micropolitan Statistical Area covers all of Fulton County; it is in turn, part ...
in about 1839 and commenced a law practice in partnership with Asa Lee Davidson, with a specialty in criminal law. Leonard F. Ross, who later served as a brigadier general in the
American Civil War The American Civil War (April 12, 1861 – May 26, 1865; also known by other names) was a civil war in the United States. It was fought between the Union ("the North") and the Confederacy ("the South"), the latter formed by states th ...
, studied law with the firm of Davidson and Kellogg. On December 21, 1843, William Kellogg married Lucinda Caroline Ross, daughter of
Ossian M. Ross Ossian M. Ross (August 16, 1790 - January 20, 1837) was a pioneer farmer, stock-raiser, and merchant in Illinois, who served as a Major (rank), major in the War of 1812 and subsequently founded the Illinois towns of Lewistown, Illinois, Lewistown ...
and Mary Winans, and sister of General Leonard F. Ross, in
Fulton County, Illinois Fulton County is a county in the U.S. state of Illinois. According to the 2010 census, it had a population of 37,069. Its county seat is Lewistown, and the largest city is Canton. Fulton County comprises the Canton, IL Micropolitan Statisti ...
. Lucinda Ross had the distinction of being the first white child born in Fulton County. The couple had five children:Seventh Census of the United States, 1850; (National Archives Microfilm Publication M432, 1009 rolls); Records of the Bureau of the Census, Record Group 29; National Archives, Washington, D.C.1870 U.S. census, population schedules. NARA microfilm publication M593, 1,761 rolls. Washington, D.C.: National Archives and Records Administration, n.d. William, Jr., and John (both of whom were lawyers), Paulina, and Emma and Lucinda (who were twins).


Political service and later career

William Kellogg served as a member of the
Illinois House of Representatives The Illinois House of Representatives is the lower house of the Illinois General Assembly. The body was created by the first Illinois Constitution adopted in 1818. The House under the current constitution as amended in 1980 consists of 118 re ...
in 1849 and 1850. He then served as a judge of the Illinois tenth circuit court from 1850 to 1852. Kellogg was elected 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 ...
to the Thirty-fifth, Thirty-sixth, and Thirty-seventh Congresses (March 4, 1857–March 3, 1863). While in congress, Kellogg was an active participant in discussions related to the onset of the
American civil war The American Civil War (April 12, 1861 – May 26, 1865; also known by other names) was a civil war in the United States. It was fought between the Union ("the North") and the Confederacy ("the South"), the latter formed by states th ...
. On December 4, 1860, Kellogg was appointed to the Committee of Thirty-Three of the
U. S. 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 chamber of the United States Congress, with the Senate being the upper chamber. Together they ...
. This committee consisted of one representative from each state and was tasked with drafting a proposal aimed at averting a civil war following
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 ...
's election to the presidency. On February 8, 1861, Kellogg presented an address to the House in which he proposed a substitute for the propositions submitted by the Committee of Thirty-Three. His proposal, which was essentially a modified version of the
Crittenden Compromise The Crittenden Compromise was an unsuccessful proposal to permanently enshrine slavery in the United States Constitution, and thereby make it unconstitutional for future congresses to end slavery. It was introduced by United States Senator Joh ...
, was reportedly prepared in a secret consultation with
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 ...
in late January 1861. Kellogg was criticized for this speech both by his Republican colleagues and by his constituents, in part because his proposal allowed slavery to continue south of latitude thirty-six degrees and thirty minutes in both the states and territories. On May 24, 1862, Kellogg presented an address to the House in which he supported a bill "to confiscate the property and free from servitude the slaves of rebels" during the civil war. During the Thirty-sixth and Thirty-seventh Congresses, Kellogg served as a member of the
House Committee on the Judiciary The U.S. House Committee on the Judiciary, also called the House Judiciary Committee, is a standing committee of the United States House of Representatives. It is charged with overseeing the administration of justice within the federal courts, a ...
. In January 1863, Kellogg submitted a report to this committee in which he supported the authority of the
postmaster general A Postmaster General, in Anglosphere countries, is the chief executive officer of the postal service of that country, a ministerial office responsible for overseeing all other postmasters. The practice of having a government official respons ...
to deny the transmittal of certain newspapers through the mails of the United States. In this report, he concurred with the postmaster general's assertion that these newspapers constituted treasonable matter. In 1864, following his term in Congress, William Kellogg was nominated by President Abraham Lincoln to be Minister to Guatemala, but he refused the appointment. Lincoln subsequently nominated Kellogg to the position of chief justice of the territorial supreme court of the Nebraska Territory. Following Lincoln's assassination, Kellogg's nomination was approved by the
U. S. Senate The United States Senate is the Upper house, upper chamber of the United States Congress, with the United States House of Representatives, House of Representatives being the Lower house, lower chamber. Together they compose the national Bica ...
and by
President Andrew Johnson Andrew Johnson (December 29, 1808July 31, 1875) was the 17th president of the United States, serving from 1865 to 1869. He assumed the presidency as he was vice president at the time of the assassination of Abraham Lincoln. Johnson was a Dem ...
, and Kellogg served as chief justice of the Nebraska Territory from 1865 to 1867. His predecessor in that position was his distant cousin,
William Pitt Kellogg William Pitt Kellogg (December 8, 1830 – August 10, 1918) was an American lawyer and Republican Party (United States), Republican Party politician who served as a United States Senate, United States Senator from 1868 to 1872 and from 1877 to 18 ...
, who later became the
governor of Louisiana A governor is an administrative leader and head of a polity or political region, ranking under the head of state and in some cases, such as governors-general, as the head of state's official representative. Depending on the type of political ...
. Following his service as chief justice, William Kellogg was appointed by President Johnson as collector of
internal revenue The Internal Revenue Service (IRS) is the revenue service for the United States federal government, which is responsible for collecting U.S. federal taxes and administering the Internal Revenue Code, the main body of the federal statutory tax ...
for the Peoria district, a position that he held from 1867 to 1869. During this period, Kellogg also returned to the practice of law, in partnership with his oldest son William, Jr., in Peoria. In 1871, William Kellogg was retained by the Distiller's National Convention to provide legal counsel to that organization.


Death and legacy

William Kellogg died in Peoria, Illinois, on December 20, 1872, and was interred in Springdale Cemetery and Mausoleum in that city. In 1879, the Kellogg family residence at the corner of Main Street and Flora Avenue in Peoria was sold and converted to the Home for the Friendless, a children's home under the direction of the Women's Christian Home Mission of Peoria. The Kellogg's son William, Jr., served as a
state's attorney In the United States, a district attorney (DA), county attorney, state's attorney, prosecuting attorney, commonwealth's attorney, or state attorney is the chief prosecutor and/or chief law enforcement officer representing a U.S. state in a loc ...
from 1872 to 1880. Their daughter Paulina was the wife of Judge Lawrence W. James, who was a prominent Illinois lawyer and judge of the Illinois eighth circuit court.


References

{{DEFAULTSORT:Kellogg, William 1814 births 1872 deaths Illinois state court judges People from Ashtabula County, Ohio Members of the Illinois House of Representatives Nebraska Territory officials People from Fulton County, Illinois Politicians from Peoria, Illinois United States territorial judges Nebraska Republicans Republican Party members of the United States House of Representatives from Illinois 19th-century American politicians 19th-century American judges