Sidney Breese (1800-1878)
Courts and Lawyers of Illinois
Sidney Breese, who was prominently identified with the early legal and political
history of Illinois, was born July 15, 1800, at Whitesboro, Oneida County, New York.
He received a thorough classical education at Union College, Schenectady, New York,
from which institution he was graduated in 1818. Elias Kent Kane, who was also one
of the prominent early lawyers and statesmen in Illinois, was reared in the family of
Breese, and educated in the same school.
Kane, who was the senior of Breese,
removed to Illinois Territory in 1816, settling at Kaskaskia, where he entered upon
the practice of law. Soon after Breese graduated from Union College he accepted
an invitation from Kane to join him and enter upon the study of law in Kane's office.
In 1820 he was admitted to practice and began his professional career at Brownsville,
Jackson County.
In his first attempt to conduct a case before a jury Breese was unsuccessful, and his
defeat so affected him that he decided to abandon the profession of law and take
up some work for which he might be better fitted. He was appointed postmaster
at Kaskaskia in 1821, and shortly after his defeat in the first law suit apparently
soon thereafter changed his mind and decided to engage again in the practice of law, for
in 1822 he was appointed by Governor Bond attorney of the Second Circuit, a position
which he retained for five years.
Breese's first and most prominent contribution to the profession was the preparation
and publication of the first volume of decisions of the Illinois Supreme Court, which
is said to be the first book published in the state.
This volume is not only noteworthy
as a collection of the early decisions, but it possesses many unusual features, among
them being the foot notes to many of the decisions containing interesting and valuable
comments by the compiler.
In 1832 Breese enlisted and served as lieutenant-colonel in the Blackhawk war, and
upon its conclusion resumed the practice of law, in which he continued until 1835,
when the Legislature established the Circuit Court system, and he was chosen judge
of the Second Circuit Court, which position he retained until 1841, when he was
elected one of the judges of the Supreme Court of the state.
In the following year, 1842, he was elected for a full term to the United States
Senate, upon expiration of which he was defeated for re-election by Gen. James Shields.
Upon retiring from the Senate he practiced law for nearly a year, and in 1850
was elected to the State legislature from the district comprised of Bond, Montgomery
and Clinton counties, and was elected speaker of the House at the forthcoming session
of the Legislature.
When not engaged in his duties as a member of the Legislature Breese practiced law
until 1855, when he was again elected circuit judge.
In 1857 upon the resignation
of Chief Justice Scates he was returned to the bench of the Supreme Court, from the
third grand division, in which position he remained until his death June 27, 1878.
During the long period of Breese's service on the bench, at a time when the problems
confronting the court were not only complex, but often extremely irritating because
of the constant conflict of the legislative, judicial and executive departments of
the state, his deportment was invariably characterized by courtesy and impartiality.
His opinions and judgments have received the highest commendation not only because of
the integrity of the judge, but for his learning and ability.
While a member of the United States Senate Breese took decided ground in favor of
the annexation of Texas, and advocated the title of the United States Government
to Oregon up to line 54 degrees, 40 minutes; and strongly urged that the war with Mexico
be carried into the heart of that country and the country finally annexed.
Prior to 1842 all lead mines in the country that had not been especially granted were owned by the Government,
and leased to individuals. Senator Breese secured the passage of the bill providing
for sale of such lands and thereby greatly facilitated the development of lead mining
industry in Illinois, he also drafted the bill repealing the five years immunity from
taxation after sale of public lands of the United States,
and providing that such
lands should become subject to taxation immediately after sale. This latter act was of
importance to Illinois, as within its boundary there was an extensive area of Government
lands that were being rapidly disposed of and it provided immediately receipt of revenue by
the state after the sale of such lands.
One of the most important legislative acts with which Breese was connected was the bill
providing for the grant of land to aid in railway construction, a scheme originated in
1835, which while it doubtless resulted in unjustly enriching railroad promoters, still
had the effect of creating means of transportation much sooner than would otherwise have
been possible. Breese seems to have seen in the Government lands a valuable asset for the
industrial development of the country, inasmuch as he is said to be been in addition to
the originator of the bill providing for the immediate taxation from the sale of such
lands, and for the grant of lands to railroads, the originator of a plan providing for grants
of land for the construction of a railroad from Lake Michigan to the Pacific Ocean.
Like many of his contemporaries, he was a man of force, and of vision, and without
such as he the phenomenal development of the great mid-west would not have been possible.
Kidder Randolph Breese (1831-1881)
Who Was Who in the Union, p. 45
Entering the navy at the age of 15, Captain Breese was a veteran of the Mexican War
and voyages to Japan and South America by the time of the Civil War. His Civil War assignments
included:
- Midshipman, USN (since 1846)
- Lieutenant, USN (ca. 1861)
- Commanding - 3rd Division of Schooners, Mortar Division, West Gulf Blockading Squadron (April 1862)
- Lieutenant Commander, USN (1862)
- Commanding - Black Hawk (1852-63)
- Fleet Captain - North Atlantic Blockading Squadron (1864-65)
In the attack upon Forts Jackson and St. Philip below New Orleans, he commanded six of the 19 mortar
schooners under Commander David D. Porter. During the operations along the Mississippi, Breese was
in command of Porter's flagship and later joined him as fleet captain on blockading duty.
He died, with the rank of Captain, on sick leave in 1881.