[Portrait of J. F. Kinney]

JOHN FITCH KINNEY was born in the town of New Haven, Oswego Co., N. Y., on the 2d day of April, 1816. He was the fourth child and second son of Dr. Stephen F. Kinney and Abby Brockway, his wife, who, during the preceding winter had removed from Oneida County, N. Y., and settled in the then almost wilderness town of New Haven. Dr. Kinney was one of the first settlers, and without fortune, with a young family, depending entirely upon his practice for support, and scarcely a hundred families within a radius often miles, the outlook to the young physician and his faithful wife was anything but encouraging. Oswego County at that time was decidedly "Western" and the hardships and suffering incident to a settlement in a heavily timbered country, full of marshes and swamps, and almost worthless for farming perhaps when reclaimed, were such as are never experienced by settlers upon the fertile prairies of the West. The only houses at the time mentioned, in New Haven, were log houses, and in one of these the subject of our sketch was born. His father was a native of western Massachusetts, was educated at Hamilton College, studied medicine in Oneida County, with one Dr. Fitch, celebrated in his day as a most skillful physician and surgeon. Dr. Kinney died at the age of eighty-four in Marysville Ohio, leaving behind him a reputation which will long be cherished by all of his descendants, far more precious than silver and gold, a life devoted to human charities and earnest Christian duties. Miss Abby Brockway, his faithful Christian wife was born in Ellington Conn., of Presbyterian parents. Her father, Rev. D. Brockway, commenced his pastoral labors in a church of that city, where he ended his ministerial work after fifty years of labor, was then called to rest, and buried with the flock over whom he had been so long a faithful shepherd. In his day he was the author of a popular book entitled "The Gospel Tragedy," an epic poem in seven chapters, a work of great merit, which placed its author in the very front ranks as a man of great genius. The daughter of this good man, so well remembered by her son through all of these many years, died in New Haven N. Y., in the year 1824, leaving a family of seven children, the eldest fifteen and the youngest a few weeks old. She died as she lived, a Christian woman, in perfect faith and resignation, after calling her loved ones around her, and committing them to the care of Him who alone is able to "temper the wind to the shorn lamb." The subject of this sketch was then eight years of age; without the fostering care of a mother, with only the most meager opportunities for going to school, his early education was necessarily neglected. After obtaining but am imperfect knowledge of the rudiments taught at the public school in the village, he and his elder brother, Elisha M. Kinney attended a select school for two terms, the elder brother chopping wood to pay for the tuition of both. When about fifteen years of age an opportunity was presented for attending a school in his native village, which did much toward encouraging him to obtain an education. Joel T. Headley, whose father was the pastor of the Presbyterian Church in New Haven, opened a school and taught the higher English branches. Mr. Headley, who was then a very young man, scholarly in his tastes, a great student , very talented, took quite a fancy to his young student, made him a companion, and to this man, now living in Newburgh, N. Y., enjoying all the honors which cluster around him as the distinguished author of "Napoleon and his Marshals," "Washington and his Generals," "Sacred Mountains," and other books of merit, he owes very much for the patience he exercised, the labor he bestowed, and the ambition he aroused, by which a thirst for an education was stimulated. Mr. Headley's school laid the foundation for further improvement. When he closed and returned to pursue his studies in college, young Mr. Kinney went to Hannibal, in Oswego County, and was greatly profited by the two sessions of attendance under the instructions of Elder Lathrop, who, at that early day introduced a new system, teaching wholly by lectures and illustrations. The following winter Mr. Kinney earned his first money. He taught a district school near Hannibal, received for his four months work $60, and in the spring resumed his studies under Elder Lathrop, he and young Sherwood boarding themselves, cooking their own potatoes and meat. The following autumn he commenced school in the Rensselaer Oswego Academy, at Mexico, N. Y., quite a new institution, but one of high grade, and where Latin and Greek and all of the higher branches of mathematics were taught. A most excellent boarding house was secured by the father, good old Deacon Alfred agreeing to board the son for $1 a week. Looking back to the honest men, and pure, healthful food of those days, alas, what wondrous changes have fifty years brought upon us. That winter's board is the only board the good father ever paid for his son's education. In the spring the "Manual Labor System" was inaugurated at the Academy, and four hours each day of labor in the corn field belonging to the school, paid for the student's board and tuition. Here was a fine chance for "poor boys," and young Kinney accepted the opportunity. A summer's schooling was obtained in that way. As a student at the academy, nothing remarkable was discovered in young Kinney unless it was his fondness for debate, and the little school reputation he acquired as a speaker. Judge Amos G. Hull, now a distinguished lawyer in the city of New York, and young Kinney, were classmates and devoted friends. At the time mentioned, the first great temperance excitement, headed by Delevan and other philanthropists, broke out in the State of New York. Young Hull and Kinney espoused the cause, and during the winter evenings made temperance speeches in various parts of the county, always traveling together, and of course complimenting each other on their way back to the academy upon the eloquence of each. Just forty years after their separation from the academy, one having located in the city of New York, and the other in the West, they met for the first time. A most joyous meeting in Mexico on the classic grounds of the old academy, met with hundreds of other former students, now judges, senators, governors, lawyers, authors and ministers, met to celebrate in 1876 the semi-centennial anniversary of the founding of the academy. Mr. Kinney was made president of this convention of the old students and teachers, and Judge Hull read a very able paper on the "Legal Profession." This convention or re-union, which continued in session for three days, and whose proceedings, speeches and addresses make a neat pamphlet edition of nearly 200 pages, Mr. Kinney regards as one of the most enjoyable events of his life, as he does the honor of presiding over it, as among the highest compliments ever paid him. But we will return to the school days of the academy. The summer and fall terms being ended, it was usual for the poorer boys who felt themselves competent to sally out into the country school districts and teach for the winter. Mr. Kinney thinking himself competent, and having taught successfully a district school, when not nearly as far advanced in his studies, concluded to try it again. He was quite well advanced in Latin, philosophy, history, rhetoric and mathematics and never for a moment doubted his qualifications to teach a country school where nothing more than reading, spelling, writing, the four rules of arithmetic and the simple rules of grammar would be studied. Accordingly a school was obtained, and one month taught. Then, as now, the law required an examination in order to draw the "public money." At the end of the month he was notified to appear before the Examining Board which consisted of three farmers of the district. The examination was confined to the different sounds of the vowels, a hobby with one of the committee, and on this he failed, was rejected, chagrined and deeply mortified. He returned home and spent the remainder of the winter at his father's house. In the spring, being then eighteen years of age, he was called upon by a committee to deliver a temperance address before the Oswego County Young Men's Temperance Society, which he did before a large audience assembled in the Presbyterian Church, in New Haven. Orville Robinson, in Mexico, was the most prominent lawyer in that part of the State, a Democrat of the Marcy school, a leading politician, afterward Speaker of the Legislative Assembly of New York, and later a member of Congress. He and Dr. Kinney were friends and political confidants. In the spring of 1834 young Kinney was sent to Mexico to study law with Mr. Robinson. Here he remained until the fall of 1836, boarding with the family during that time and doing office and garden work in full payment for his board and instruction. These were two years and a half of very hard study. Blackstone was almost memorized. Chitty, Kent, Story, Stevens and other standard works he studied, and was lectured on by Mr. Robinson, he always taking a deep interest in the welfare and improvement of his young student. At that time the law of New York required seven years' study prior to admission, unless the student had a certificate showing that he had studied the classics for four years, in which case the time was reduced to three years' study. But when finally admitted as an attorney he was not permitted to try cases at the Circuit or argue cases in the Supreme Court, or before the Court of Equity until he had practiced three years. Then another examination before he could take the degree of Counsellor. This law, since repealed, was a great hindrance to a young man who was anxious to begin as early a day as possible to earn something, and operated to keep a number of worthy men out of the profession. Young Kinney as far as the law affected him, repealed it by leaving in the fall of 1836 for the West, and settled for the time in Marysville, Union Co., Ohio. He was now in the twenty-first year of his age. That winter he taught a select school in Marysville, spending his evenings in studying law in the office of Augustus Hall, whose sister he afterward married. The laws of Ohio required a year's residence before a person could be admitted to the bar. In December 1837, before the Court in Banc, Mr. Kinney was admitted, and at once commenced the practice in Marysville. In 1838 he was the Democratic nominee for Prosecuting Attorney for Union County, and at the election the Whig candidate for Governor received over 300 majority, and Mr. Kinney was defeated by only thirteen votes, his opponent being Philander B. Cole, a native of the county, and present Circuit Judge of the district. Through the acquaintance of Augustus Hall, with whom an intimate friendship had been formed, which afterward lasted for nearly forty years, Mr. Kinney became acquainted with his sister, Miss Hannah H. Hall, second daughter of Col. Samuel Hall, formerly of Batavia, N. Y., but then living near Mt. Vernon, Ohio, and on the 29th day of January, 1839, they were married and with his wife he returned at once to Marysville, but removed to Mt. Vernon in the summer of 1840. Here a law partnership was entered into with one Caleb J. McNulty, a prominent Democratic politician, a leading Member of the Ohio Legislature and subsequently Clerk of the House of Representatives of the Congress of the United States. In Mount Vernon Mr. Kinney had a successful practice for four years, which enabled him to build a nice house, but before going into it, he sold it, and as Col. Hall, and his family, J. C. Hall and Augustus Hall, both prominent lawyers, and brothers-in-law, had removed to Iowa, so Mr. Kinney in the summer of 1844 removed to that State, and settled at West Point, in Lee County, then the county seat. Iowa was then a Territory, and in politics strongly Democratic. It is perhaps not too much to say of Mr. Kinney, that he at once took a commanding position, both as a Democrat and lawyer. In 1845 he was elected Secretary of the Legislative Council and was re-elected at the ensuing session. In 1846 he was appointed Prosecuting Attorney for the county. In April, 1847, he was a candidate for Congress before the Democratic Convention held at Fairfield, Jefferson Co., with the united delegation of his own county, and on the first informal ballot he received the highest vote cast. The candidates were Dr. Baily of Van Buren County, Delazon Smith, afterward United States Senator from Oregon, and Mr. Kinney. Western Iowa at that time contained few or no settlements, and yet it was represented by a gentleman now living in Omaha, who pretended to have in his pocket sixteen proxy votes from the Missouri slope, all of which largely fabricated, were cast against Mr. Kinney. Still, the only way he was beaten was by selecting Mr. William Thompson, who headed the Henry County Delegation for Mr. Kinney, and when he was made the candidate the six votes from Henry were lost to Mr. Kinney, and with the sixteen proxy votes cast against him, he was defeated by two votes when a nomination at that time was equivalent to an election. The nomination of Mr. Thompson created much dissatisfaction and a bolt was freely talked about. In the convention Mr. Kinney made a speech advising harmony, and predicting the election of Mr. Thompson. From that time on to the election Mr. Kinney entered vigorously into the campaign, making speeches for the candidate and he was elected. In June following the Democratic State Convention assembled at Iowa City to nominate a State ticket. Mr. Kinney was made president of this convention. A vacancy had occurred in the office of Chief Justice of the Supreme Court by reason of the resignation of Hon. Charles Mason who held by Presidential appointment as Territorial Judge. The constitution at that time provided for the election of Judges to the Supreme Court by joint convention of the Senate and House of Representatives. No such convention had been had, and it was obligatory upon the Governor of the State to appoint in case of vacancy. After the State Convention had concluded its labors, a ballot was opened for the nomination of a suitable man to recommend to the Governor to fill the vacancy. Mr. Kinney received all but five of the votes cast and he was accordingly appointed by Governor Ansel Briggs, one of the Judges of the Supreme Court of the State, in June 1847. This office he held by appointment for two years and was then elected on joint convention of the Legislature for the constitutional term of six years.

In the winter of 1850, Judge Kinney was appointed Special Commissioner by Congress to take testimony in a contested Congressional election between William Thompson and Daniel F. Miller of Iowa, involving the legality of the Mormon vote, cast at and near the present City of Council Bluffs, on the Missouri River. Here the Mormons were temporarily located before starting on their journey to Great Salt Lake City. In April of that year J. C. Hall, Lyman E. Johnson as attorneys for Thompson, Daniel F. Miller and Judge Kinney left Burlington, on the Mississippi River in a private conveyance, traveled across the State a distance of 325 miles, 250 mile of the distance an open, uninhabited, and what appeared from the scarcity of timber an uninhabitable country. About this time he purchased a farm of eighty acres adjoining the village of West Point, which he greatly improved by planting an orchard, erecting comfortable buildings, and when not actively engaged in holding courts, aided in cultivating the soil and in making it a pleasant home. Here his eldest children had the advantages of an excellent school, a Presbyterian college being in successful operation. In the jurisprudence of all new States, many new and important questions will arise. None is remembered with more interest than the case of Dubuque County resisting the issuance of bonds which had been voted to build a railroad. The court below decided in favor of the legality of these bonds. The county took the case to the Supreme Court, and by a majority of the Judges the judgment of the Court below was affirmed. Judge Kinney dissented, and held that under the constitution and laws of the State of Iowa, no authority being given to hold such an election, a majority of the voters of a county could not saddle a tax upon a minority for purposes of private speculation. This opinion is found in the fourth volume of G. Green's Iowa Reports. In a case involving the same question in the Supreme Court of the United States, Justice Miller delivering an opinion, refers to the case in G. Green's comments upon the opinion of Judge Kinney, speaks of it as one of great ability, and as a correct rendition of the law. The Supreme Court of Iowa, after persisting in the error of the majority decision for a number of years at last, after a change in the Bench, over-ruled it, and planted themselves upon the dissenting opinion of Judge Kinney. It is claimed by those well informed on the subject, that millions of dollars that have been squandered by the people of Iowa under a false excitement clamoring for railroads, would have been saved to them, had the doctrine of the minority opinion been adopted by the court at the time, as the law. The judicial opinions of Judge Kinney are found in the first, second, third and fourth volumes of G. Green's Iowa Supreme Court reports. As a part of the early history of the jurisprudence of Iowa they will be read with increasing interest as time rolls on, and as guides to the student, settling many constitutional and legal questions, they will be often consulted, and so far as the great crucible of time which tests all things shall prove them worthy, these decisions will be authority before the courts of the country. In August, 1853, without any effort on his part, without being an applicant for the position, or desiring it, Judge Kinney was appointed by Mr. Pierce (President of the United States), Chief Justice of the Supreme court of Utah. He neither accepted nor declined the proffered honor until January, 1854, when hoping a journey across the plains would improve the health of his wife, then very delicate, he resigned his position on the Bench of Iowa and accepted the appointment. The Supreme Court of the State was in Session at the time, and upon announcing to the bar his intentions, a meeting of the bar was held and the following resolutions on the going in of court the next morning, were presented and asked to be spread upon the record. "Resolved, That as members of the Bar of the Supreme Court of Iowa, we have heard with regret, that the relations between ourselves and one of the members of this Court, the Hon. John F. Kinney, are soon to be dissolved by his resignation and removal to the Territory of Utah. Resolved, That in taking leave of our esteemed and honored friend, we recur with pleasure to the uniform dignity, impartiality and courtesy of demeanor which have marked his course as a member of this Court, and point with pride to his example as an illustration of that standard of professional excellence to which, as members of the bar, all who practice the law should aspire. Resolved, Than in the retirement of his Honor the Supreme Bench of Iowa loses a learned, independent and indefatigable Judge, the profession an able and distinguished lawyer, and ourselves a warm and generous friend." These resolutions were signed on behalf of the Committee by Hon. James Grant, chairman, then lately one of the District Judges, and now, and for many years an able and distinguished lawyer of Davenport, and by B. W. Poor, Secretary. Judge Kinney responded from the Bench to these highly complimentary resolutions, from which we take the following extract: Brethren of the profession; I can not be but profoundly sensible of the high compliment paid me by the resolutions presented and read by his Honor, Judge Grant. The manner in which you are pleased to refer to my connection with the Bench is more than a full satisfaction for the toil and labor exacted of me by my official duties. During the seven years upon the Bench, I am happy in being able to say that nothing has occurred to disturb those friendly relations, and that mutuality of confidence which should ever exist between the Court and its officers. And, gentlemen, it is worthy of remark, and highly creditable to the Iowa bar, that during all of that time no unpleasant altercation has arisen between the attorneys, but the examination and discussion of questions of the first importance involving large interests have been conducted with that courtesy and elevated bearing towards each other which so eminently characterize all who properly comprehend the dignity and purposes of our honorable profession. "To preserve the purity of the Bench, the practicing lawyer must be a man of virtue and integrity. To make it able he must be industrious in his researches and faithful to his client; thus will he elevate the profession, assist the court, and qualify himself to enter upon those higher and more sacred duties which may be incumbent upon him as Judge." Judges Williams and Green were then brother Judges of the Supreme Court, and both spoke to the resolutions. Judge Williams said among other things "most heartily do I endorse the sentiments expressed in the resolutions. I hold them, I feel them to be merited compliment, the truth happily expressed in sincerity." Judge Green said in quite a long and happy speech, "permit me to express my cordial concurrence in the sentiments expressed by the resolutions of the bar. They are highly complimentary, appropriate and truthful. And still when memory recurs to the seven years of our mutual and responsible labor, of our intimate and friendly associations, of the many intricate questions of law we have together adjudicated, of your mild, dignified and courteous deportment, and of the zeal, industry and ability which you have manifested in the discharge of your duty, I feel that even these do not adequately express your many moral, social and forensic virtues." In commending upon the proceedings, the editor of the Iowa Capitol Reporter, among other things said, "It is but justice to the gentleman to observe that in common with his fellow workers and companions with whom long years of judicial toll have rendered association peculiarly dear, in common with his friends and brethren of the bar who have necessarily been thrown in his contact, we but express a universal sentiment, in saying that his departure from among us, will be a source of deep regret, and that no warmer wishes for his future prosperity will follow him to Utah than those of the masses of our citizens." These resolutions and sentiments expressive of the feelings of the bar, brother Judges and public upon the retirement of Judge Kinney from the Bench of the Supreme Court of the State, are a part of the history of the times, of the history of his life, and as such this sketch would be incomplete were they left out. Since then Judges Williams and Green have been called to a higher court, to engage in those higher duties and enjoy those higher honors which are reserved for a well spent Christian life. In the spring of 1854, after placing his eldest daughter, Miss Julia Beatrice, in a good Episcopal Seminary, in Georgetown, D. C., with the injunction to remain steadfast in the Presbyterian faith of her birth and baptism, the remainder of the family left for Utah, and performed the journey in private conveyance a distance of fifteen hundred miles in about four months. It was a season when the Indians were very hostile, but no misfortune befel the party, although the monotony of the journey was occasionally relieved by an "Indian scare." It was while en route that Mrs. Kinney gave birth to a noble son, the first white child born in the then Territory of Nebraska, his birth occurring the day after the Kansas-Nebraska bill became a law and he was at once given the cognomen of "Bill Nebraska." He was afterwards christened Steptoe, out of respect to a dear friend of the United States Army, Col. Edward Steptoe. After a long, tedious, and somewhat perilous journey over the arid plains, Great Salt Lake city at length appeared in the distance, much to the gratification of the little party. Mrs. Kinney and child were quite well. On coming in sight of this beautiful place, nestling in the valley between the mountains, to reach which they had been toiling four long months, suffering from hunger, thirst and heat, most of the time in imminent danger from the Indians, the party gave three hearty cheers for the city of the plains. Judge Kinney remained in Great Salt Lake City until the spring of 1856. He held his courts without interruption, and administered the law to "Jew and Gentile" without interference. When holding courts in counties remote from the city, he was furnished a government escort by Col. Steptoe, as a protection against the Indians. The Indians who murdered Captain Gunnison and his party were tried in a little settlement 100 miles south of the city, the court being under the protection of a strong guard of United States soldiers, there being at the time about 100 Ute warriors camped within a quarter of a mile of the court, watching the proceedings with fearful interest. The murder of this galiant officer, who, in his explorations of the country for the government, preliminary to the building of a railroad, was most wanton, and without the least palliating circumstance to mitigate the atrocity of the crime. The guilt of the Indians was established by their own confessions and by the articles of clothing and other property found in their possession. Still the verdict of the jury was manslaughter. The Court was powerless. The jury was reprimanded, but punishment in the penitentiary was all that could be inflicted upon the Indians. The hostile attitude of the warriors near the court room, the weak and defenseless condition of the Utah settlements may have satisfied the jury, but failed to satisfy the Court of the propriety of such a verdict. In returning to Iowa in the spring of 1846, the object was to give his children the benefit of eastern schools. Mrs. Kinney had become entirely restored to health by her journey and residence in Great Salt Lake City. In the summer of that year the family were again upon the farm in Lee county. The second daughter, Miss Ellen, then fifteen years of age, was taken East by her father and also placed in a good Episcopal Seminary in Staunton, Va., with the same injunction he delivered to the eldest one, to be true to her Presbyterian teachings. The oldest graduated with the honors of her class, and in due time the second daughter graduated with marked merit, and both are devoted Christian women, and cherished members of the Episcopal Church. In the spring of 1857, he sold his property in Iowa, and in April, took steamboat at Fort Madison, on the Mississippi River, for Nebraska City, via St. Louis, the only public conveyance at that time. The distance to Nebraska City across the State of Iowa, was a fraction over 300 miles, by water about 1,400 miles. The Journey occupied twenty-one days. Those on the steamboat Hannibal, up the Missouri River, can never forget the delays and discomforts of that tedious trip. It was while being hard aground on a sand bar that an organization was formed for the purpose of exploring for and selecting a town site in Southern Nebraska. Mr. Kinney was made president, J. B. Weston, Bennet Pike, two young lawyers seeking their fortunes in the West, and Mr. Kinney were appointed a committee to make the selection. The committee left the boat at Nebraska City, May 2, the family landing in a disagreeable rain storm, and Mr. Kinney very sick with erysipelas. In two weeks the committee started on their mission. After exploring the Big Blue River and its tributaries they journeyed down the Big Blue, and selected as the site for their town the ground on which the flourishing city of Beatrice is located. By previous appointment, the committee met their associates of the steamboat Hannibal, in June following ,at Omaha. and the town site was named Beatrice, in honor of Mr. Kinney's eldest daughter It is now one of the most important towns in Nebraska. The present inhabitants know but little of the privations and hardships in camp life it cost the committee that selected, and the persons who first settled it. Bennet Pike is now a prominent lawyer of St. Louis, late United States District Attorney, and Mr. Weston late Auditor of the State of Nebraska, is in an official position in Denver, Colorado. The pluck which prompted these young men to roam over the prairies of Nebraska in search of a town site, camping out in cold rain storms, chopping and felling timber as the committee did to build the first cabin on their selected site, this pluck so essential to success, has done much in making them what they are. Returning from this expedition, Mr. Kinney opened a law office and ere long was in full practice. He was soon called to defend Simpson Hargus, indited for killing one Lacy. He was convicted in the District Court for manslaughter, but the case was taken to the Supreme Court, where he was acquitted on the ground that the Criminal Code of Nebraska was repealed without a saving clause as to pending prosecutions, and hence that there was no power in the Court to punish. Mr. Kinney's argument before the Supreme Court occupied ten hours and is regarded by himself as one of the best forensic efforts of his life. For his services he was paid $2,000. The first public address delivered by Mr. Kinney in Nebraska, was an address of welcome to Governor William Richardson, appointed Governor of Nebraska in the spring of 1858, the reception being held in the Methodist Church at Nebraska City, about the first of March, and witnessed by a large concourse of people. From this address the following sentence is taken. "Bold and prominent in American History will ever appear the proceedings of the Congress of 1854, and the brightest page of that history is the one in which records the speeches and votes of Cass, Douglas, Richardson and their associates in favor of the bill which gave Kansas and Nebraska an existence, and restored to the people of these Territories their political rights." In 1858, Mr. Kinney "stumped" the Northern part of the Territory, for and in company with Gen. Experience Eastabrook, the Democratic nominee for Congress. He obtained the certificate, but Mr. Daily, his opponent, contested the election. Mr. Kinney was employed as the attorney for Gen. Eastabrook, and went to Washington and argued his case before the committee on elections, meeting there the attorney of Mr. Daily, Hon. Richard Thompson of Indiana. About the first of August, 1860, while engaged in a lucrative practice, Mr. Kinney unexpectedly, and without the slightest previous intimation, was appointed by Mr. Buchanan, again to the office of Chief Justice of Utah. At that time he was freely spoken of as the probable nominee of the Democratic Convention for delegate in Congress, about to meet in Omaha. A little jealousy existed between his friends and those of Hon. J. Sterling Morton of the same county, in connection with this nomination. But at the primary meeting held at Nebraska City, to select delegates, Mr. Kinney. in a speech before the Convention withdrew his name, and advised the selection of delegates who would support Mr. Morton. In addition to this he wrote a letter to the Convention stating that under no conditions would he accept the nomination as he had been reappointed Chief Justice of Utah. Still fifteen votes were cast for Mr. Kinney. Mr. Morton secured the nomination on the fourth ballot over all competitors. On the evening of August 24, a ratification meeting was held in Nebraska City. At this meeting Mr. Kinney made a speech in support of the nominee. A report of this speech is found in the Nebraska City News of August 25. It is an earnest, hearty endorsement of Mr. Morton, and is spoken of by the editor as having "created the wildest enthusiasm." A single sentence is copied. He stated "that his official business would temporarily remove him from a country endeared to him in a thousand ways, from family and friends to a distant Territory, but the heart of no Democrat would enkindle quicker than his own in hearing of the triumphant election of Mr. Morton." Mr. Morton was elected and received his certificate, and went to Washington to take his seat. In the meantime the astute Mr. Daily succeeded in persuading the Governor that Morton's certificate was improperly issued, and the Governor issued a certificate to Daily, and with this and a friendly clerk to enter his name upon the roll of members prima facia entitled to seats; Daily became the sitting delegate.

In September, l860, again the journey to Utah was entered upon, but this time by stage from St. Joseph, Mo. This involved twelve days and nights of continuous travel without rest. In place of Indians, the white men were the terror of travelers. At Fort Laramie, the driver's assistant was reprimanded for delaying the coach, while he engaged in playing cards and drinking whisky with the soldiers. This reprimand nearly cost Judge Kinney his life, as will hereafter appear. The city was safely reached, the Supreme and District Courts were held, and the following spring on leave of absence, the overland journey was again undertaken for a temporary visit to Nebraska. On the return it was ascertained that between the autumn and spring, thirteen men had been wantonly murdered on what was known as Slade's division of the stage line, not for spoils or revenge, but in fiendish sport, and that the driver's assistant who received the reprimand at Fort Laramie, was leader in these atrocious crimes. After spending the summer in Nebraska City, in the fall Judge Kinney started back by stage, and to his consternation found at Julesburgh, five hundred miles distant from settlements, the man. whom of all others, he did not care to meet. From that place Kinney was the only passenger. It was night when the stage left Julesburgh, and in place of occupying his seat on the box with the driver, as was his place, this man planted himself in the coach, where he had no right, and took a seat by the side of Mr. Kinney. His deliberate intention, as was afterwards acknowledged, was to kill him between there and the next station. But he did not accomplish his purpose, nor did he make any open demonstration. The next was an eating station. A navy pistol and bowie knife, always carried in crossing the plains, were left on the seat of the coach by Mr. Kinney when he went into supper. It was soon apparent that the would-be assassin did not intend to go farther, but in his place a man was detailed to do that which he had failed to accomplish. At this juncture, Mr. Kinney went out to the coach to examine his arms, and found his knife gone, and the caps removed from his pistol. Suspicions now fled. The result seemed unavoidable. The pistol was re-capped, and made ready for action. At first the new assistant took his place with the driver; soon, however, the coach stopped and he crawled in, and, as in the case with the former one, took a seat by the side of the passenger. Mr. Kinney changed his position to the front seat. Two hours of awful suspense were endured before the next station was reached. It was now about 12 o'clock at night. To the apparent great disappointment of the hired assassin, Mr. Kinney refused to go further, and the next night's coach brought a passenger, which made the remainder of the journey comparatively safe. Afterwards the whole truth came out. An acknowledgment was made by the man who received the reprimand at Fort Laramie, stating that the other was sent along to kill the passenger, and he was at a loss to know why he did not do it, as it was the only time he had ever failed to execute orders. Great Salt Lake City was again reached after enduring much fatigue, and the courts provided for by law were again held. The Supreme Court was an important one. Many cases were tried, and a number of judicial opinions filed and published. Leave of absence again being obtained from Washington, in June the journey by stage was again undertaken. In crossing the plains a sharp "look-out," with the means of defense. was constantly observed, but nowhere were the villains discovered. They had probably fled to Montana with the notorious Slade, who, as is well known, met his death at the hands of the vigilantes at Virginia City. The monotony of a summer's life at Nebraska City was broken by a democratic nomination for Congress in the summer of 1862. It was well known that Mr. Kinney would only accept a nomination upon a platform of resolutions sustaining the administration in all of its measures to suppress the Rebellion. Such resolutions, in clear and unmistakable language, were adopted. The Convention which nominated Mr. Kinney was by no means harmonious, a number of the Delegates withdrew when it became apparent that he would be nominated. Still his friends insisted that he was the choice of the majority, and he became the nominee. Samuel G. Daily was the Republican candidate. The contest was probably the most exciting one that ever occurred in Nebraska. In one respect it was a bitter fight. A wing of the Democratic party with the leading Democratic paper of the State, deserted the nominee, and turned all their strength to the support of Mr. Daily. Mr. Kinney made a thorough canvass of the territory, speaking at all the principal towns; some days making three speeches a day, and traveling from forty to fifty miles. In no one instance did he fail to denounce the Rebellion, or fail to advocate a vigorous prosecution of the war by the Federal authorities until the Rebellion was brought to a close. In the "sympathizing" counties he was beaten, but carried his own county by an overwhelming majority, and the adjoining county of Cass, largely Republican, by a small vote. According to the canvass count, he was beaten in the election by a few votes, the Territory being then quite largely Republican. The strong argument used against Mr. Kinney, and the one which defeated him, was, that the law of Congress required the Judges of Utah to reside in their districts, and that as Mr. Kinney was a United States Judge for the Territory of Utah, he was a resident of that Territory, and hence ineligible to a seat in Congress from the Territory of Nebraska. While there was nothing in the point, his family for five years having resided in Nebraska, and he never was absent more than six months at a time, still hundreds of people were made to swallow the logic, and he was accordingly defeated. Again he returned to Utah as the Chief Justice, and in June, 1863, was removed by Mr. Lincoln, it is supposed for having been the Democratic nominee for Delegate in Congress, the year before in Nebraska. In assuming the duties of Chief Justice of Utah, Mr. Kinney made up his mind (and such he believed to be the true policy of all Federal officers) to attend strictly to the duties of his office, but to enforce the mandates of his court, whatever the cost. Many criticisms have been indulged in by those who were not familiar with the facts, by the reason of the issuance of a writ of habeas corpus against Morris and others, resulting in the death of a number of persons. The following are the facts as taken from the record: On the 22nd day of May, 1862, a petition was filed and duly sworn to before Judge Kinney, praying for a writ of habeas corpus, alleging that three men (naming them) "were unlawfully imprisoned at South Weber, in Davis County, by Joseph Morris, John Banks and Richard Cook, and kept in close confinement, heavily ironed, and without any process of authority of law." Upon this application a writ of habeas corpus was issued, commanding the persons named in the writ to produce the bodies of the three persons, said to be restrained of their liberty, before the Judge in Chambers, that the facts alleged in the petition might be inquired into. This writ was served, as appeared by the sworn statement of the officer on the 24th day of May, 1862. No attention was paid to it by the respondents. The Judge's authority was utterly disregarded. Apprehensive that the respondents had assumed a defiant attitude, and anxious to give them ample time for reflection and to answer the writ, nothing more was done until the 11th day of June, when another petition was filed for a second writ of habeas corpus, sworn to in due form, and alleging the same facts as contained in the preceding petition. A second writ was issued, and placed in the hands of the Territorial Marshal, who being advised that armed resistance would be made to the service of the writ, called upon Acting-Governor Fuller, for a posse to enable him to serve the process. This was furnished. The party was found to be strongly fortified, and to have about one hundred men under arms. An order was sent by the Marshal, under a flag, stating that he was there to execute the writ, and demanding a surrender of the persons named. Thirty minutes were given for an answer; but in case of a refusal to surrender, they were notified to remove their women and children, and all persons peaceably disposed were notified that they could find protection with the Marshal's party. No heed was paid to the order or invitation of the Marshal. Additional time was given, but still the party remained defiant. At length fire was opened, and fighting continued for about three days. Two of the Marshal's party were killed by firing from the fort, and a number on the other side were also killed, and very unfortunately some women. Finally, the party surrendered, and were brought before the Judge. All were admitted to bail but two, and they were committed for murder. At the ensuing March term, ninety were indicted for resisting the officer, and ten for the murder of Jared Smith, killed on the first day. The trial resulted in the jury assessing a fine on sixty-six of $100 each, the lowest sum authorized by the statute. Of the ten indictments for murder, one was nollied, two acquitted, and seven convicted of a murder in the second degree, the punishment of which was for a term of years. All were soon afterwards pardoned. The affair was a very unfortunate one, but for this the Judge could not be responsible; he was in the line of duty in issuing the writ, and had he refused it, ought to have been impeached. It was said that the Marshal acted with too much haste, and caused greater loss of life than was necessary. For this he was some years afterwards indicted, and within the last year or two tried and acquitted.

Being removed by Mr. Lincoln, Mr. Kinney was quite astonished one morning to find his name appearing in the leading paper of Great Salt Lake City, as the person selected to represent Utah in the Congress of the United States. He had not been consulted, but accepted the proffered compliment, and in August following 1863, was elected; receiving every vote that was cast at the election. Governor Doty issued him the certificate, and that month he again crossed the plains by stage, and took his seat in the thirty-eighth Congress with Mr. Daily, who had defeated him in 1862; Nebraska electing a year in advance of Utah. The thirty-eighth Congress was very largely Republican, and it was emphatically the war Congress. Mr. Colfax was speaker of the House, and Thaddeus Stevens, of Pennsylvania, known as the "American Commoner," and one of the greatest men of modern times, was the leader. The Democrats were in a forlorn minority. Garfield, Blaine, Windom, Conkling, Henry Winter Davis, Elihu B. Washburn and Allison were prominent among the Republicans, and Voorhies, Pendleton, Brooks, Fernando Wood and Sam Cox among the Democrats. Such an array of talent has seldom, if ever, been found before or since in the House of Representatives. The subjects debated were questions involving the prosecution of the war, and the confiscation of property. On the 27th day of January, 1864, the first session of the Congress, Mr. Fernando Wood, of New York, made a speech which somewhat startled the country, on the subject of appointing Commissioners to confer with the authorities of the Sonthern Confederacy, with a view of effecting terms of settlement. In this speech, Mr. Wood, in speaking of the war to suppress the Rebellion, characterized it as "a hellish crusade of blood and famine." Mr. Kinney's first public appearance before the House was in answer to this speech. The following notice of the reply to Mr. Wood is taken from Forney's Philadelphia Press: "Our correspondent, 'Occasional,' in one of his recent letters, referred to the sharp, opportune and overwhelming reply of the Hon. John F. Kinney, delegate in Congress from the Territory of Utah, to the chief of copperheads, Fernando Wood, on Wednesday, the 27th of January. As a great deal of interest has been manifested to hear what Mr. Kinney said on that occasion, we copy this week from the Congressional Globe a report of his response to the self-constituted leader of the Democratic party in the free States." It is, perhaps, not too much to say, that the speech of Mr. Kinney created somewhat of a sensation in the House, and at once secured for him the confidence of the public as an earnest friend to all reasonable measures, having for their object the putting down of the Rebellion. During the Congress, as appears from the Congressional Globe, Mr. Kinney made a number of speeches on the appropriation bills; at one time he engaged in a running debate with Mr. Stevens, on an amendment offered to increase the appropriation for the Indian service in Utah. This debate occupies a number of columns in the Globe. He succeeded in obtaining a large increase in appropriations for the Indian service in Utah, one for a reservation for the Ute Indians, and for building improvements for their comfort and civilization. On the 22nd day of March, 1864, Mr. Kinney made a long and carefully-written speech on the bill he had prepared for the admission of Utah into the Union as a Sovereign State. This speech reviews in an exhaustive manner the Constitutional question which he raises to wit: that nowhere in the Constitution is there any provision for the organization of Territorial Governments. He undertakes to show that all such governments are directly in conflict with the spirit of our form of Government, which is established so as to secure representation and taxation conjoined, and while the people of the Territories are taxed, they are denied representation in the Congress of the United States, the taxing power, as their Delegates in congress have no vote in that body. This speech occupied two hours in delivery, and is published at great length in the Daily Globe, of March 23, 1864. This speech was well received in Utah, copied into their leading papers with favorable editorial notices. For the purpose of showing the position Mr. Kinney occupied upon the subject of the war while in Congress, the following is taken from the Daily Globe, of May 26, 1864. "Mr. Kinney offered the following resolution (in the House) and moved the previous question on its adoption. Resolved (as the sense of this House) that the present crisis in the history of this causeless and unjustifiable Rebellion, calls loudly upon Congress for united patriotic action. That, while our gallant and self sacrificing soldiers are, with a courage unexampled either in ancient or modern warfare, sustaining the honor of the nation in the field, they are entitled to the thanks of the country and the hearty support of Congress and forgetting for the present all differences upon old party issues, it is the duty of Congress to sustain in the constituted authorities of the country in their efforts to suppress the Rebellion. The previous question was seconded, and the main question ordered, and under its operation the resolution was unanimously adopted." At the breaking out of, and during the war, Mr. Kinney took open and decided ground against the Rebellion, and was fully identified with that very large wing of the Democratic party of the North, known as Douglas or war Democrats. On the fall of Richmond, on the 3rd day of April, 1864, great rejoicing pervaded all classes of citizens in Washington, bands of music were improvised, and large crowds promenaded Pennsylvania Avenue. That evening will never be forgotten by those who witnessed the scene. Speeches were made from hotel balconies, and one by Mr. Kinney. He closed his speech with the following peroration, as taken from the Chronicle's report, of April 4. "In our rejoicing let us not forget the gallant dead, who though fallen, speak to us in living eloquence, and call upon us to be true to our country and her cause. Let us not lose sight of the wounded, who still live to plead for additional sacrifices in maintenance of the honor of our flag." Mr. Kinney served through the thirty-eighth Congress, and at its close, in the spring of 1865, he returned to Utah by stage and spent a good portion of the summer in exploring, with a file of soldiers, south-eastern Utah, for the purpose of finding a suitable reservation for the Ute Indians, under the provisions of the appropriation he had obtained for that object. Hon. William H. Hooper was his successor in Congress. In November, 1865, Mr. Kinney returned overland to Nebraska, opened a real estate office in Nebraska City, and has never since been to Salt Lake City. He at once identified himself with all of those public measures which promised prosperity to the city of his choice. In public meetings he was prominent, often chosen presiding officer, and freely gave his ideas upon all questions of public interest. In November, 1879, he was chosen by a committee to deliver the address of welcome to the Hon. Stephen F. Nuckolls, the founder of Nebraska City, but who had removed to Wyoming Territory, and was elected Delegate from there, then being on his way to Washington. In July, 1870, Mr. Kinney wrote a leading article for publication upon the Franco Prussian War, in which he predicted with wonderful certainty the final result. At the time the article was written, not a gun had been fired, but the French Emperor with his army had marched upon Prussia. In concluding his article, after dilating at length upon the causes which led to the declaration of war by the Emperor Napoleon, Mr. Kinney said: "The invader will be driven from Prussian soil, will in the end meet with as signal defeat, as did the French troops at Waterloo, and the drama will close, the curtain drop, by Bismarck dictating terms of peace to this once proud, but now humiliated Emperor, at the very gates of the French Capital." Mr. Kinney was often chosen by the people of his city to deliver addresses on public occasions. In the summer of 1870 on the occasion of the excursion to Burlington, Iowa, on the completion of the road between the two cities, he was elected to deliver the address, in answer to the one of welcome by ex-Senator A. C. Dodge; also in May, 1871, to the people of Lincoln, who, on invitation, visited Nebraska City and were given a banquet. In June, 1861, as Grand Orator of the Grand Lodge of F. & A. M., he delivered the annual address at Plattsmouth, Neb. In March, 1871, he was employed by the Legislature of Nebraska to draw up articles of impeachment against one of the State officers. In August, 1871, he was elected President of the national Board of Real Estate Agents, then assembled in the city of Hartford, Conn., and by appointment of the Board, he delivered a lecture in that city upon "The West, its past, present and future." On July 4, 1873, by invitation of the committee, he delivered an address in Nebraska City, upon the occasion of celebrating that day; and on the 25th day of September, 1876, Mr. Kinney delivered the Centennial and annual address before the Nebraska State Board of Agriculture, and in January, 1880, an address before the Fine Stock Breeders' Association for the State. These addresses were all published at the time; some of them in pamphlet form for circulation. The Centennial address is regarded as one of the best he ever prepared. It gives a complete history of the acquisition of all the Territory acquired by the government since the adoption of the Federal Constitution, and when each State was admitted into the Union; and pays a glowing tribute to the State of Nebraska, and predicts for it, as the last Western agricultural State in the onward march of Empire, a future beyond the expectations of the most ardent enthusiast. The address was written in great haste, as are all of his pen productions, with but little regard for the rules that govern composition. In August, 1871, Mr. Kinney was appointed general manager of the Union Mutual Life Insurance Company, of Maine, with authority to loan money in the West, and held the position until November, 1876, during which time he handled over seven hundred thousand dollars of the company's money. On retiring from office, after the most thorough examination into the business of his department, a certificate or letter was given him, stating that the books were in perfect order and all moneys accounted for. During these years and up to 1882, Mr. Kinney was a prominent member of the Nebraska State Board of Agriculture, one of the Board of Managers, and for one term Chairman of that Board. In February, 1867, Gen. Alfred Sully, John B. Sanborn, Gen. N. B. Buford, Gen. Parker, Mr. B. V. Beauvis and Mr. Kinney were appointed by President Andrew Johnson, Special Commissioners to visit the Indians in the neighborhood of Fort Phil. Kearney, and to counsel with them, under instructions of the Secretary of the Interior, and especially to inquire into the "Fort Phil. Kearney massacre." in which seventy-seven men were murdered by the Sioux Indians, under Chief Red Cloud. The Commission had full authority from the Secretary of War to call on the Quartermasters on the route for whatever they might need in the way of transportation, and upon the officers in command of any of the posts, for military escorts to insure the safety of the party. The Commission left Omaha in April, 1867. They organized by making Gen. Sully, President, and Mr. Kinney, Treasurer. The first council was held with Spotted Tail and his band, about 400 miles west of Omaha, April 20. At this council an important question arose, to wit: Should the Commission issue to these Indians ammunition? Mr. Kinney took the position that, though these Indians were peaceable, inasmuch as a large number of the same tribe were at war, and in close proximity to them, and probably some of their own blood, killing without mercy, people passing through the country, and as ammunition, when at war, was of the greatest value to them, that the Indians then in council would be very likely to trade the ammunition issued to them to these hostile Indians, and for aught the Commission knew, some of the Indians then in council were from the hostile camps. Still, all of the members of the Commission, except Mr. Kinney, voted to issue ammunition, he alone dissenting, and ammunition was accordingly issued--powder, lead and caps, and bought at the trading post where the council was held. The next council was held at Fort Laramie, and here ammunition was denied the Indians. Here it was ascertained that the road from there on to Fort Phil. Kearney, a distance of 238 miles, was beset with hostile Indians, who were attacking all weak parties, and were killing daily more or less of those found passing through the country. The members not only hesitated about advancing, but some of them absolutely refused to go further. Mr. Kinney insisted upon proceeding to the objective point mentioned in their commissions. It resulted in dividing the Commission, the 8th day of May; Gen. Sully and Parker were to return to the Missouri River, and visit the Indians on its head waters. Gens. Sanford and Beauford and Mr. Beauvis, were to remain at Fort Laramie and hold councils there with such Indians as came in, and Mr. Kinney was detailed to go to Fort Phil. Kearney. Each division of the Commission, by resolution, was clothed with the entire power of the full Commission. Mr. Kinney under an escort, went to Fort Phil. Kearney, with only two fights on the way with the Indians. At Sage Creek, Porter's train of thirty-five wagons and forty-five men, was found in corral, fortified by means of earth-works and rifle-pits, where they had been for twenty-two days, almost incessantly defending themselves against the Indians. They had lost one man and 100 head of cattle. A persistent war was being kept up by the Indians for a distance of 300 miles through the country, and along the road leading to Montana. The escort party reached Fort Phil. Kearney on the 12th day of June, and the work of the one member of the Commission was at once commenced. The testimony disclosed one of the most cold-blooded massacres in Indian history. A small party, consisting of seventy-seven men, left the Fort on the 21st day of December, 1866, to relieve a government wood-train, which was attacked in sight of the post by a small band of Indians. On the approach of the party, the Indians retired, followed by the party, under command of Lieut. Fetterman, and when a distance of four miles was reached, about 2,000 Indian warriors surrounded them, and in less than an hour not a man was left to tell the story of the conflict. Burned and shockingly mutilated, the remains of these brave men were gathered up and brought to the post for a soldier's burial. After holding an important council with about 2,000 friendly Crow Indians, and taking full testimony in relation to the massacre, Mr. Kinney returned to Washington, and on the 7th day of October, made his report, which occupied nearly two sides of the large daily newspapers. This report appeared in the papers of Washington, New York and Philadelphia, and received favorable notice at the time. Mr. Kinney advised a new policy in the management of the Indians, transferring the hostile ones to the War Department, withdrawing from them all supplies, and making as conditions of peace, as soon as they are thoroughly chastised, a resort to reservations, where they should cease to be under the control of the military, and then pass under the management of the Indian Bureau. The Laramie branch of the Commission, soon after the departure of Mr. Kinney, left for Washington. On June 6, Gen. Beauford made his report, and on July 12, Gen. Sanborn his, both advising the dismantling of the three forts established in the country at great expense. Mr. Kinney advised holding the country, and subduing the hostile Indians; but in this he stood entirely alone, and the advice of the other members of the Commission was adopted, and the troops were withdrawn. The Indians have been hostile ever since, and the government, within a few years, has been obliged to re-establish the posts. In the winter of 1881-82, Mr. Kinney received the complimentary vote of his party in the Nebraska Legislature, for a seat in the United States Senate. Through the opportune and prompt action of some of his Democratic friends in the Legislature, the Hon. Charles Van Wyck, of Nebraska City, was elected. In February, 1882, Mr. Kinney was elected delegate from Nebraska to the National Agricultural Convention, which met in New York City. He took a leading part in its proceedings, made a number of speeches, the most noticeable being one on the repeal of the present tariff law, advocating as the true interest of the farmers of the country, the removal of all embargo on foreign importations. He also made a speech on the subject of the transportation of beef to the seaboard in refrigerator cars, in place of cattle as now, on foot, not only as a merciful provision, but also as a great saving in transportation, and as the only way to furnish pure and wholesome beef. These, with other speeches he made in the National Convention, are published as a supplement to the Agricultural Review, and, with the proceedings of the Convention, make a pamphlet edition of nearly 200 pages. Mr. Kinney is now sixty-six years of age, well preserved, and looks much younger than he is. He is robust in health, and bids fair to enjoy many years yet of active useful life. His good wife has been spared to him, and during his many journeyings, and his repeated absence from home, she has been the prudent manager, the ever faithful guardian and religious instructor of their children, the anxious, devoted wife and mother. Seven children have been born to them. The eldest and youngest noble sons have been called away, and are peacefully resting in the Nebraska City cemetery. Five remain to bless and comfort their declining years, as the shades of night, preceding a brighter day, gather around them. Mrs. Julian B. Metcalf, living in Nebraska City, Mrs. Jasper A. Ware, also residing there, both greatly favored with interesting children; John Fitch Kinney and his wife, teachers in Dakota; Brockway Kinney, a lawyer in St. Louis, happy in the society of his wife and child; and Steptoe Kinney, admitted to the bar, wife and child residing with his father and mother. All are useful members of society, and believers, as are their parents, in the Christian religion. Mr. Kinney's most cherished friends and associates at the bar, Hon. J. C. Hall and Augustus Hall, brothers to Mrs. Kinney, have passed from earth. Judge J. C. Hall, who succeeded Mr. Kinney to the bench in Iowa, died some years since, after having acquired a reputation in the profession as one of the ablest lawyers of the Northwest; and Judge Augustus Hall died while holding the office of Chief Justice of Nebraska. Another brother, Cyrus Hall, after graduating at the Military Academy at West Point, died in the army in 1849, while engaged in his official duties in Texas. And so we all pass away from earth. "It is not all of life to live, nor all of death to die."