with the Fullerton Avenue Church, Rev. H. N. Collison, pastor. It is not, however, as a Presby-
terian that Mr. Waller ranks high. He is a man of much reading, deep thought, and independent
in his opinions. He is very familiar with his Bible, and will not receive any doctrine he does not
believe to be plainly taught in it.

In politics Mr. Waller was in early life a staunch whig, as his friendship for Henry Clay would
indicate; but about 1858 he became a supporter of Stephen A. Douglas, and still remains a con-
servative democrat, or, as he is wont to term it, a democrat of the Jeffersonian school. A tariff
for revenue only, and the reserved rights of the states as opposed to the centralizing tendency of
the times, are two of the most important planks in his platform. Although often solicited to take
active part in politics, and the nomination tendered him of some of the most important offices in
the gift of the people of the state, he invariably declines, and prefers the substantial joys of pri-
vate life to the doubtful and short lived honors of a public career. A number of his large family
of two sons and seven daughters are now married and well settled in life, and there remains for
the parents only the quiet enjoyment of a well earned competence and its generous distribution
to the needy and suffering, who have learned to expect it at their hands.

Nothing serves so clearly to show the true character of a man as the treatment of his depend-
ents and inferiors; and it is important in this direction to note Mr. Waller's conduct toward the
slaves that came to him by inheritance. His conduct was so fatherly and truly Christian that,
although he gave them full liberty at any time to leave him and secure their freedom by emigrat-
ing to the states of Ohio or Indiana, which lay just across the river, and taking wife and children
along, yet he never could persuade them to do so, but they remained with him, contented and
happy, as long as he resided in Kentucky. And to this day his former slaves look to him for
counsel and assistance in all their troubles. He frequently receives letters couched in the old
language of the slave, saying, " Massa, please send me forty dollars; my craps turned out bad dis
yeah," or something similar. And it is not too much to say that the sweetest pleasures of his
later years come of his ability to minister to their needs, who were his playmates in childhood
and his willing servants in early manhood.

In any biographical sketch of Mr. Waller there are three productions of his pen which neces-
sarily claim our notice, and by which his ability must be judged as a writer. These productions
are entitled, "The True Doctrine of State Rights, with an Examination of the Records of the
Democratic and Republican Parties in Connection with Slavery," published in 1880; "Reminis-
cences of Benjamin Franklin as a Diplomatist," published in 1879; "The Right of Eminent



UNITED STATES BIOGRAPHICAL DICTIONARY. 33

Domain and the Police Power of the State," published in 1871. It is not intended, indeed it is
impossible, in a sketch so brief as this, to review by a critical examination any one of these pro-
ductions. In it, however, it is but just to the author of such of a work as "The True Doctrine of
State Rights," that some at least of the testimonials he has received in its favor from every part
of the country should be given to the public. At the earnest request, therefore, of the writer he
is permitted to insert in this sketch the following extracts from a correspondence extending
through all the states:

Hon. E. J. Phelps, of Burlington, Vermont: "I have read with much interest and satisfaction
'The True Doctrine of State Rights.' You have treated the subject, as appears to me, with great
fullness, clearness and ability. If you can oblige me with two more copies each of 'The State
Rights' and 'The Reminiscences of Benjamin Franklin,' I shall be glad to place them in the Ver-
mont State Library and in the Free Library of Burlington, of both of which I am a trustee."

Hon. George B. Loring, of Salem, Massachusetts: "'The True Doctrine of State Rights' is a
valuable sketch of the history of the matters of which it treats."

Professor Francis Wharton, of Cambridge, Massachusetts: "I think you have thrown much
light on Doctor Franklin's history, and your views on state rights, although a little ahead of mine,
are still entitled to grave weight. I only wonder that in agricultural communities, such as Illi-
nois, the tariff and centralization school should have such sway."

Oliver Wendell Holmes, of Boston: "I can thank you, and I do thank you, for your work on
state rights, though, when I find time to read it more thoroughly, I may find things I disagree
with. I am very sorry that poor old Edom London had such hard treatment in Massachu-
setts, etc."

A. M. Robinson, of the bar of Dover, Maine: "'The True Doctrine of State Rights' impresses
me as being elaborate in research, concise in statement, and logical in conclusion. It should
have a wide circulation. The current of political power seems to be setting with irresistible force
to centralization."

William Parsons, of New Haven, Connecticut, (editor of the "Register"): "I have read your
book with great pleasure as well as edification, and take this occasion to thank you for your mas-
terly handling of a badly misunderstood issue. I am one of those who believe that in the true
doctrine of state rights lies the permanence of our political institutions.""

B. M. Hughes, of the Denver bar, Colorado: "I have at last completed your work on state
rights, and I can say that it is valuable for its historical facts, and its incontrovertible truth. It
is a compilation of great merit, and I wonder that the task has not been undertaken many years
ago. However, it could never have fallen into better or abler hands, and I shall not fail to indorse
it as authority and quote it as the best history of the great state rights warfare. I regret that it
is not to be published in quantities enough to scatter its tenets all over this country, so befogged
as to state rights. I feel that the people sustain a great loss, unless this can be done."

C. J. Walker, of the bar of Detroit, Michigan: " I can give you my cordial thanks for ' The
True Doctrine of State Rights,' which I have looked over, but which I have not yet carefully
examined. I am clearly of opinion that the greatest danger that threatens the future of our
republic arises from the increased concentration of power in the general government, and the con-
stant invasion upon the rights of the states, which will necessarily follow; and I think that any one
who intelligently discusses the question is a public benefactor. The question which you have
discussed w.ith much ability, is one of the most important ones before the American people."

Professors Woolsey of Yale, and Cooley of Ann Arbor wrote to the author that they had taken
the liberty of presenting his work on state rights to their respective universities.

H. F. Austin, of Michigan, in a letter applying for a copy, said: "Wishing to get a work on
state rights, I am referred by Judge Cooley to your ' True Doctrine of State Rights.' " On receiving
which he replied: " To say that I am greatly pleased with it is but faintly to express my feelings."

Senator Pendleton, of Ohio, referring to the same work, says: " The accuracy of your research,
the judicial temper of your observation, and the purity of your style, will necessarily commend it



34 UNITED STATES BIOGRAPHICAL DICTIONARY.

to all thoughtful students of our political history. I wish I could hope it would exert an influence
equal to its merits. But thinkers and students like yourself must be content to do their utmost
and hope the leaven may leaven the whole mass."

Hon. Charles Anderson, formerly and during the war the republican governor of Ohio, in his
comments on the work says: "It is one of the ablest, most learned, most searching and profound
arguments I have ever read on the subject. This is not flattery. I mean what I say."

Hon. C. M. Clay, of Kentucky, speaking of " The True Doctrine of State Rights " as an argu-
ment on that subject, writes: " It is the most exhaustive and the ablest I have ever seen from any
source."

Ex-Governor Magoffin, of Kentucky: " I regard ' The True Doctrine of State Rights,' after a
careful perusal, as the most correct, exhaustive and unanswerable production upon this most dif-
ficult question, I have ever read. It places the democratic party upon an imperishable basis,
according to the interpretation of the constitution by Jefferson and Madison, and the men who
made it, and sets at rest the doctrine of secession and nullification."

James O. Harrison, of the bar of Lexington, Kentucky, the executor of Henry Clay: " It gives
me great pleasure to say, not only that your exposition of the true doctrine of state rights is
admirable, but that in my opinion no attempt in modern times approaches it, sed longo intervallo,
in completeness and in power. You have shown with great clearness, not only the true doctrine
in its origin, but have drawn the line with such distinctness between the federal powers on the
one side, and state rights on the other, that all thoughtful and patriotic men are sure to see and
follow it."

T. W. Wilkinson, of Louisiana: " To my mind it is decidedly the most conclusive, exhaustive
and masterly exposition ever published on the subject, and will be an addition of great value to
the library of every one fortunate enough to possess it, who takes a proper interest in the true
principles of our government. It will, besides, help to correct the too common error that is so
often heard, that the doctrine of state rights has been overthrown by the war."

Senator Morgan, of Alabama: "It is a most admirable presentation of the very important sub-
ject you have taken up. Please send 133 copies by express at my expense, to me, at this place
(Washington city). I will find great pleasure in laying before the members of the Alabama legis-
lature so instructive a paper."

Similar comments to the above are scattered throughout the extensive correspondence the
author awakened by his book, which if published would fill several volumes. But the specimens
given by the above extracts form most appropriately a part of this sketch; not only to show the
opinion entertained by some of the most enlightened statesmen and jurists of the merits of " The
True Doctrine of State Rights," but, what is of far more interest to the public, to show how
important in their estimation is the revival and perpetuation of those rights to the very existence
of our government and J:he welfare of the nation.

The " Reminiscences of Benjamin Franklin as a Diplomatist," has met with a most flattering
reception. Among the first evidences of this only a few specimens will be here mentioned.

On its receipt by the Chicago Historical Society, its president, Hon. Isaac N. Arnold, wrote to
its author as follows: "I received to-day, for the Historical Society, your very interesting little
book, ' Reminiscences of Benjamin Franklin as a Diplomatist,' and shall place it among our col-
lection. It is quite new to me and of great historic value, and I want to thank you, not only for
the donation, but for writing the book."

From the Library Company, of Philadelphia, the author received the following acknowl-
edgment: "Please accept the thanks of the trustees of the Ridgway branch of the Philadelphia
Library for a copy of your valuable ' Reminiscences of Benjamin Franklin as a Diplomatist." It
is highly appropriate as a part of the library now safely housed in the magnificent building
erected by Henry J. Williams, executor of Doctor Benjamin Rush, and presented to the city of
Philadelphia.

Judge C. B. Lawrence, of Chicago, wrote: " I have read your ' Reminiscences of Franklin as a



UNITED STATES BIOGRAPHICAL DICTIONARY. 35

Diplomatist,' with great pleasure and interest, and am much obliged to you for your courtesy in
sending it. It is those undercurrents of history that occasionally come to the surface through
the medium of family papers and correspondence that are most interesting. All lovers of history
must be obliged to you for this publication."

The following is a copy of an autograph letter from the distinguished poet, Longfellow:

"CAMBRIDGE, March 23, 1880.

" Dear Sir: Please accept my sincere thanks for your kindness in sending me a copy of your
' Reminiscences of Benjamin Franklin as a Diplomatist.' It is an interesting and valuable sketch
of the great American philosopher in his life abroad, and I am much obliged to you for it.

I am, dear sir, yours very truly, . HENRY W. LONGFELLOW."

The treatise entitled, "The Right of Eminent Domain and the Police Power of the State," is
said not to be surpassed by anything the author has ever given to the public. It was written in
the interest of the people living in the immediate suburbs of Chicago, and especially those of
Lake View, against the establishment or extension of cemeteries in their midst. One, with its
walls and monuments, was just then being removed to make way for Lincoln Park, The town of
Lake View, lying immediately north of the park and of the city, with the shore of Lake Michigan
for its eastern boundary, with its undulating grounds, its garden lands, its salubrious atmosphere,
and its streets and avenues intersecting its surface in ever varying vistas and views of the lake,
forms the most attractive and beautiful suburb around Chicago. Just here, with Graceland cem-
etery the issue was made by an ordinance of the town, forbidding the extension of its burial
grounds, although allowed by its charter.

The town of Lake View unanimously adopted a resolution of thanks to the author, and ordered
1000 copies of it to be published for circulation. Afterward the company abandoned the idea of
extending its burial limits, and entered into a contract with the town to that effect. We shall
conclude the present sketch by giving a brief extract from the beginning of this argument, and one
from its close. No just idea, however, can thus be formed of the combined effect of the whole
production.

" In the heaving and swelling tide of population now rapidly advancing upon us from that
wonderful city by our side, and of which we are already almost a part, is clearly to be seen the
necessity for the exercise, at no distant day, against the Graceland cemetery, of the right of emi-
nent domain which we have expounded, and which unquestionably exists. But it is the rightful
exercise of that other great attribute of sovereignty on which the validity of our ordinance
depends, and that is the right to regulate the use of property in executing the police power of the
state. The term public police is applied by Blackstone to signify the due regulation and domestic
order of the kingdom. Fully to comprehend the true nature and importance of this power in the
government, and the necessities for its exercise, we must look to its development in the densely
crowded cities and their suburbs of the old world. Colquhoun, in his able treatise on the police of
London, says that ' the metropolis, having by degrees been extended so far beyond its ancient
limits, every parish, hamlet, liberty or precinct, now contiguous to the cities of London and West-
minster may be considered as a separate municipality where the inhabitants regulate the police of
their respective districts, the principles of whose police organizations relate to watching, cleansing
and removing nuisances and annoyances, the mode of building houses, the system established
for extinguishing fires, etc., with a variety of other useful improvements tending to the comfort
and convenience of the inhabitants.' The enumeration of all the different subjects which come
under the operation of the police power by Colquhoun, and other writers on the subject, would
fill a volume. Its care and protection extend to almost every public interest, and reach through
all the ramifications of society. Indeed, neither government nor society could exist without it. It
is the conservator of all peace, the custodian of the public health, and of the public morals. While
these are some of its regulations, as the author just referred to says, which relate only to the
comfort and convenience of the public, there are others of more vital importance, which are neces-



36 UNITED STATES BIOGRAPHICAL DICTIONARY.

sary to protect the public welfare. Among the latter are those which are intended to guard the
health and life of the citizen, and to preserve his property from injury and loss. Under the head
of this latter class is the right of the government to regulate the interment of the dead, the right
to destroy property by pulling down or blowing up private buildings to prevent trie spread of fire
in time of conflagration, and the right to prevent and remove nuisances. The power to exercise
these rights is inherent in every sovereign state, and belongs to every municipal organization
under its jurisdiction, by virtue of the general statute creating it, unless by some extraordinary
provision it is excluded; because it is the right to accomplish that which is implied in the very
existence of such an organization. It is not a power of aggression, but of self-defense, not of
appropriating or destroying private property or a vested right, to be used by the public for its own
profit or gain, where a compensation is made, for that would be the exercise of the right of emi-
nent domain. * * * But on the contrary, this is a power to protect the public against injury
or loss, to shield it from threatened danger. As we have argued, in accordance with the ruling
of the Supreme Court of the United States, all contracts must be construed to be made under the
implied and reserved power of the government to exercise over them the right of eminent domain;
and therefore, however they may be affected by it, their obligation cannot be considered as
impaired in the sense of the constitution, so all property and franchises, either of individuals or
corporations, are held also under the reserved right of the state, either directly or through its
municipal organization, to exercise this police power of protecting the public from injury, and
therefore, when exerted for that end, in regulating the use of property or vested rights, even to
their destruction, it does not, in any sense, either of the state or federal constitution, impair the
obligation of contracts. * * * The offal of a city has always been the subject of its police
regulations, not only in ordering its removal, but in regulating the place of its deposit. By virtue
of this police power the interment of such offal has been forbidden in Lake View. The owner of
land in this township has no longer, as formerly, the right, under his title from the government,
to enrich his soil by interring beneath its surface such manure, because the state, under its
reserved right, has, through its municipal government of the township, forbidden its use to pre-
vent injury to the public. The interment of the dead, for like reasons, has, under all governments,
and in every community, been considered as a proper subject for police regulation, not only because
their continued presence mars the enjoyments of the living, but because it is pernicious to health
and life itself. Suppose, from any cause, the removal and burial of the dead should be neglected
beyond a reasonable and proper time; would not the police power be certainly called in requisi-
tion to prevent a far greater injury to the public than would result from the neglect to remove a
like quantity of the ordinary offal of a city? Both the one and the other being interred with the
same care and precaution, there can be no question but the enlightened opinion of the medical
profession would be that the proximity of the buried dead would be far more hurtful to the living
than of the buried offal. The conclusion necessarily follows that if the removal and disposition of
the latter is properly under the police power, that of the former is also, from a necessity equally
inexorable."

As in the pages preceding this extract principles are discussed and authorities cited, so in
those which follow the discussions and citations are continued at length, at the close of which
the author indulges in these reflections:

"In thus endeavoring to settle the question under discussion, we have appealed to the laws of
the country and the decisions of courts. But there is a power beyond them all, which must ulti-
mately decide it, and which no resistance of the company can defeat. Providence, who rules the
nations of the earth, and the destinies of its mighty cities, indicates the development and growth
of Chicago to an extent in the future which will demand as a necessity the ultimate removal of
Graceland Cemetery. In 1840 the population of this city was about 5,000; in 1850, 30,000; in
1860, 109,000, and in 1870 300,000. Commencing this wonderful growth in the first decade of
these thirty years by the force merely of her geographical position, without a single railroad or
canal, and even at the commencement of the second decade, in 1850, having but one railroad,



UNITED STATES BIOGRAPHICAL DICTIONARY. 37

fifty miles in length, what now (1871), are we to expect of the future growth of Chicago, with her
railroads branching in every direction, and extending to the shores of both oceans ? Look at the
end of the next thirty years, at what will be the dimensions of this wonderful city, and see this
township of Lake View as it will then be, a densely populated part of the city, with avenues
running parallel with the lake from its southern to its northern limits, traversed by cross streets
innumerable from the lake to the river, all paved and built up by a crowded population. Where
then will be Graceland Cemetery? If you wish to see its inevitable fate written in the history of
Chicago, read it now as you look at the crumbling walls of yonder cemetery, on this same lake
shore, giving way before that irresistible providence which demands its sacrifice in the growth of
our great city. So must it be with Graceland. Let not the company, therefore, seek to include
in their burial grounds another acre, where the sacred remains of the dead are to rest in their
graves but for a season. Next to the death of the living, no sight is so sad as to see the dead
disturbed ; no greater obligation we owe them than to see them borne to some sequestered spot,
far from the busy scenes of life, where the hand of affection may adorn their graves, and where
they may sleep in peace the long sleep of death, with naught to disturb their dust till their Maker
bids them rise."

ISAAC 'L. ELLWOOD.

DE KALB.

BARB fencing is an invention of very recent origin. The first patents for it were taken out
by William D. Hunt, of New York, and L. B. Smith, of Ohio, no longer ago than 1867.
Shortly afterward a patent was issued to Michael Kelley, of New York. The barb wire manu-
factured under these several patents met with some degree of success in certain localities, but
was very much restricted, because there were serious objections to all the styles of fencing made
under these patents. At length Joseph F. Glidden, a practical farmer, living in a prairie
country, where timber is scarce, after studying carefully the subject of barb fencing, invented a
style which was a great improvement on anything of the kind 'in the market. The western farm-
ers saw at once its great merits, and it soon became very popular. Among the parties who
were prompt to discover the superior worth of the Glidden style is the gentleman whose name
heads this sketch.

Isaac Leonard Ellwood is a son of Abraham and Sarah (Belong) Ellwood, and was born in
Cherry Valley, New York, August 23, 1833. Isaac's mental drill in youth was limited to a dis-
trict school, and mainly to the rudimentary branches. He was a clerk in a store until eighteen
years of age, when he went to California, where he remained between three and four years, min-
ing the first year, and filling a clerkship at Sacramento the rest of the time. His trip to the
Pacific slope was not fruitless, and on his return in 1855 he opened a store in De Kalb, and was
engaged in selling hardware, stoves, etc., for about twenty years, being a successful merchant.
In 1874 he formed a partnership with Mr. Glidden, and the firm of Glidden and Ellwood com-
menced the manufacture of steel barb fencing, beginning on a very moderate scale. Their style
of fencing met with great public favor, and their business increased rapidly.

A few years ago there was a demand for a size of wire not previously in much demand, and