However the Republican-dominated legislature allied with Republican Governor Stephen B. Packard had separately selected William Pitt Kellogg.
With the outbreak of the American Civil War, Kellogg was granted a leave of absence and he returned to Illinois and joined the 7th Regiment Illinois Volunteer Cavalry.
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When Lincoln became President in 1861, he appointed Kellogg as Chief Justice of the Supreme Court of the Nebraska Territory.
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Both the Democrat John McEnery and Republican William Pitt Kellogg claimed victory; the federal government supported Kellogg.