USA > Indiana > Biographical and historical sketches of early Indiana > Part 29
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Senator Morton, in a very eulogistic speech, said of the dead Speaker :
" His name will be remembered with pride and with affection in Indiana. He was one of her most highly favored and gifted sons, and it gives me satisfaction to bear testimony to his patri- otism. I believe he was a devout lover of his country, and went for that which he believed was for the best. I have always given him credit for his integrity, for his patriotism, and for love of his country, and the strongest testimony which I can bear to the character of Mr. Kerr is to say that he was regarded by men of all parties in Indiana as an honest man, an able man, a patriotic man, and that his death was mourned by all his neigh- bors, and by all who knew him, without distinction of party."
Those who know how chary Senator Morton was of compli- ments to political opponents will properly appreciate this eulogy
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upon the life of Mr. Kerr. It is a just tribute of one great man to the memory of another.
Mr. Kerr was a patriot. In 1864 he was a candidate for the Democratic nomination for Congress, the late Colonel Cyrus L. Dunham being his principal competitor. The nominating con- vention met at Jeffersonville, in the old Methodist church, on Wall street. Politics was at fever heat, and the contest between Mr. Kerr and Colonel Dunham was very close. An hour or so before the convention was to meet Mr. Kerr called a caucus of his friends in a room over the store of General Sparks. There were present at the caucus several of Mr. Kerr's friends from New Albany ; General Sparks and Mr. J. P. Applegate, from Clark county ; Hon. William H. English, then a resident of Scott county ; General James A. Cravens, of Washington coun- ty, and a few other gentlemen from different parts of the district. The gentlemen thus called together supposed the purpose of the meeting was to make arrangements for the management of the convention. When all were seated, Mr. Kerr arose, drew him- self up to his full height of six feet or more, and, with sup- pressed excitement but with perfect self-control, said he must withdraw from the race for Congress ; that he was in possession of the knowledge that a conspiracy existed against the govern- ment of the State ; that the conspirators were Democrats ; that he felt it his duty to go to Indianapolis and lay the facts before Governor Morton; that such a course would embitter certain Democrats and jeopardize his election should he be a candidate. Mr. English and others made remarks after Mr. Kerr had taken his seat, the purport of which was that he was right in his pur- pose to make known and denounce the conspiracy, but wrong in determining to withdraw from the contest ; that only a few hot-heads had gone wrong ; that the great body of the party was loyal to the government. Mr. Kerr persisted in his purpose to decline, and it was formally announced that he was no longer a candidate. Afterward, however, several gentlemen were sent to him by the various county delegations, who urged him to stand. He finally consented to do so, and was nominated. He came at once to Indianapolis to expose the conspiracy, and what he did can be best told by giving the testimony of one of the
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witnesses in the trials of Bowles, Milligan and others. Says this witness :
"As I walked down Washington street I saw a gentleman coming up rapidly, and I stopped him: "Hello ! Kerr, what has brought you here?' said I. He seemed very much excited. . Do you know anything? ' he said ; and I said, ' Do you know anything?' ' Yes,' he replied. 'What is it?' said I. He then said, ' The devil's to pay in our section of the State ; the people of Washington, Harrison and Floyd counties, and that neigh- borhood, have got the idea that a revolution was impending ; the farmers were frightened and were selling their hay in the fields and their wheat in the stacks, and all the property that could be was being converted into greenbacks.'"
Mr. Kerr was so deeply impressed with the danger of the situation that he and the witness from whom I have quoted went to the residence of Hon. Joseph E. McDonald in the night, awakened that gentleman, and told him what they knew about the conspiracy. It was agreed that a meeting of prominent Democrats should be called next morning at Mr. McDonald's office, to consider the situation. The meeting was held, and during its sitting Mr. Kerr made a speech. I again quote from this witness :
·· He spoke about this excitement, this revolutionary scheme, and said that he came up on purpose to put a stop to the thing. I think he said it was our duty to stop it, and if it could not be stopped in any other way it was our duty to inform the author- ities."
Mr. Kerr was sustained in his position by Mr. McDonald and other prominent Democrats, but there is no gainsaying the fact that he was the leading man of his party in the effort to destroy the conspiracy, which, had it been inaugurated, would have deluged Indiana with blood.
The action of Mr. Kerr in proposing to decline the race for Congress in his district was in keeping with his character. Young, and ambitious for political preferment, he was yet wil-
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ling to stand aside for others when he believed duty called him to make the sacrifice.
Mr. Kerr was very resolute and persistent in any course he adopted. He fought three-fourths of the Democrats of his county on the question of a tariff, and he fought nearly all the promi- nent men of his party in the State on the currency question. On these questions he didn't consider policy. He bravely ad- vocated what he believed to be right, regardless of policy.
Without being a professor of religion, Mr. Kerr was strictly moral. He had no vices, either great or small, being as pure a man as ever lived.
Mr. Kerr lived and died a poor man. With opportunities to make money possessed by few he chose to do that which was right, preferring a good name to great riches. When on his dying bed he said to his son and only child : " I have nothing to leave you. my son, except my good name. Guard it and your mother's honor, and live as I have lived. Pay all my debts, if my estate will warrant it without leaving your mother penniless. Otherwise pay what you can, and then go to my creditors and tell them the truth, and pledge your honor to wipe out the indebtedness." Such a father could trust his son to do his commands.
In 1862, when Mr. Kerr went into politics he had a fine law practice, which his entrance into public life measurably de- stroyed. At a bar which contained an Otto, a Crawford, a Smith, a Browne, a Howk, a Stotsenburg, and other leading men, he ranked with the best.
Mr. Kerr was not a pleasant speaker. He was too honest and conscientious to stand before an audience and troll off some- · thing he thought every intelligent man knew as well as himself. Although possessed of ambition, he was exceedingly modest, and a modest man rarely becomes an attractive extemporaneous speaker.
Such is a brief outline of the life and some of the leading char- acteristics of Michael C. Kerr, a man who reached the third office in the government of the country, and one whom Indiana delighted to honor.
ISAAC BLACKFORD.
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ISAAC BLACKFORD, for thirty-five years a Judge of the Su- preme Court of Indiana, was born at Bound Brook, Somerset county, New Jersey, November 6, 1786. When sixteen years old he entered Princeton College, from which, four years after- ward, he graduated with honor. He then commenced the study of the law in the office of Colonel George McDonald, where he remained a year, and then entered that of Gabriel Ford, where he continued his legal studies. In 1810 he received his license, and two years afterward left New Jersey and came to Dayton, Ohio. He remained there but a short time, and then came to Indiana. He stopped at Brookville awhile, and then went to Salem and located. On the organization of Washing- ton county, in 1813, he was chosen its first Clerk and Recorder. In after years he used to say that his principal duty while fill- ing these offices was the recording of marks. At that time there were few inclosures for stock, and, as it ran at large, it was important that it be so marked that it might be identified by the owner ; hence the marks. The next year Mr. Black- ford was elected Clerk of the Territorial Legislature, which office he resigned on being appointed Judge of the first judicial circuit. He then removed to Vincennes, and in the fall of 1815 resigned the judgeship and opened a law office. The next year, 1816, he was elected a representative from the county of Knox to the first Legislature under the State government. There were many men in that body who afterward became distin- guished in the history of Indiana, among them James Noble, Amos Lane, John Dumont, Williamson Dunn, Davis Floyd, Samuel Milroy and Ratliff Boon ; but even at that early day Judge Blackford's reputation for judicial fairness was so well
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established that he was chosen Speaker without a contest. The next year Governor Jennings appointed him a Judge of the Supreme Court, a position he graced and honored for the next thirty-five years.
In 1853, his term as Supreme Judge having expired, he opened an office at Indianapolis for the practice of the law. He had been so long on the bench that he was ill at ease when he went into court with a case. His effort to get into practice was not successful, and in a short time he measurably abandoned it. General Terrell narrates this amusing incident in Judge Blackford's career at that time :
" One of his first cases was tried before a jury in the Marion Court of Common Pleas, Judge David Wallace presiding. The testimony on both sides had been submitted, and as the day was far spent court adjourned until next morning, when the attorneys were to make their arguments. Judge Blackford was on hand bright and early, apparently eager to proceed with the case. It was the first time in thirty-five years that he had ap- peared as an advocate before a jury. When the time came for him to make his argument he arose with some trepidation, and thrusting his hand into his coat pocket for the manuscript of his speech, discovered, to his astonishment, that he had left it in his office. Without the document he was entirely helpless, and he was compelled to beg the indulgence of the court and jury until he could go out and get it, which he did as quickly as pos- sible ; but he was evidently much embarrassed and humiliated by the unfortunate circumstance. He read his remarks in a stumbling, monotonous way, that probably made little impres- sion on the minds of the ' twelve good and lawful ' jurors, inas- much as they brought in a verdict against him. It is not un- likely that this mishap and adverse verdict had some influence in his retirement from practice in the courts."
Judge Blackford was not at home at the bar, and he longed to be again upon the bench. The opportunity soon came. . In 1855, on the organization of the Court of Claims at Washington, President Pierce appointed him one of its judges. He held this office until his death, December 31, 1859. He discharged its duties in a way that added luster to a name already illus-
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trious, and died the best known and most eminent jurist Indiana has ever produced.
When Judge Blackford's death became known at Washing- ton a meeting of the Indiana congressional delegation was held to take action upon it. Albert G. Porter, then the representa- tive from the Indianapolis district, in a speech delivered on that occasion, said :
" It is hardly possible, sir, for persons who reside in an old community to appreciate the extent to which, in a new country, the character of a public man may be impressed upon the pub- lic mind. There is not a community in Indiana, not a single one, in which the name of Judge Blackford is not a household word. He has been identified with our State from the beginning. He may almost be said to be a part of our institutions. Judicial ability, judicial purity, approaching nearly to the idea of the divine, private worth, singularly blending the simplicity of childhood with the sober gravity of age-these were represented, not simply in the mind of the profession, but in the universal popular mind of Indiana, in the person of Isaac Blackford."
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At the same meeting General William McKee Dunn, then the representative from the Madison district, said: "For more than a quarter of a century Judge Blackford occupied a seat on the Supreme Bench of our State. He has done more than any other man to build up our jurisprudence on the broad foundation of the common law. His reports are not only an honor to him, but to the State of Indiana also. It has been well said here that he was an upright judge,' and not only was he so in fact, but so careful was he of his judicial character, and so regardful of all the proprieties of his position, that he was universally rec- ognized and esteemed as ' an upright judge.'
" Indiana is proud of her great jurist, but to-day she mourns the loss of one of her most eminent citizens, and now by her united delegation in Congress claims that all that is mortal of Isaac Blackford may be entrusted to her care and have sepul- ture in her bosom. Let his body be borne back to the State with whose judicial history his name is inseparably connected, and there at its capital let him be buried, where those from all
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parts of the State who have so long known, revered and loved him may visit his tomb and pay affectionate tribute to his memory."
On Thursday, January 13, 1860, while the Democratic State convention was in session, Governor Willard announced to the convention that the remains of Judge Blackford had reached Indianapolis and were then lying in state at the Senate cham- ber. He also said the Judge's funeral would take place that afternoon, and invited the delegates to view the remains and attend the funeral. On the same day the Indianapolis bar held a meeting in reference to his death, at which Judge Morrison presided and John H. Rea acted as secretary. John L. Ketch- am. chairman of the Committee on Resolutions, reported a series, including the following, which were unanimously adopted :
" Resolved. That while we receive, in the profoundest sorrow, the announcement of the decease of the late Hon. Isaac Black- ford, we cherish for his memory the highest regard, acknowl- edging that he has contributed more than any other man in Indiana to the high character of her judicial reputation ; that such judges are a blessing to any State, and deserve to be held in great respect by all the people.
"Resolved, That as we recognize in this removal the hand of God, we also acknowledge His goodness to the State in sparing so long one who presided over her highest judicial tribunal with such marked ability and spotless integrity."
Judge Blackford's remains have been interred in Crown Hill Cemetery, and at his grave stands a monument upon which is engraven the leading events of his life. the inscription closing as follows :
" The honors thus conferred were the just rewards of an in- dustry that never wearied, of an integrity that was never ques- tioned."
A year or so ago Mr. D. S. Alexander, now Fifth Auditor of the Treasury at Washington, contributed a valuable paper on the life and character of Judge Blackford to the Southern Law
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Review. Mr. Alexander, however, does not do justice either to the natural talents or legal attainments of the distinguished jurist. He says that " at no time in his long career was he (Judge Blackford) esteemed a great lawyer or a profound ju- rist." Again : " He was in no sense a great man, and candor compels the admission that in some respects he was a very or- dinary man." I must take issue with Mr. Alexander on this subject. His verdict is not the verdict of the world. A man's ability can be determined by what he accomplishes in life. By this standard Judge Blackford was a great man, for he accom- plished much. When he entered upon his public life there was no scarcity of able men about him. The pioneers of Indiana who reached distinction were all able, and most of them highly educated. It would have been impossible for one " not a great lawyer " to have reached Judge Blackford's eminence in judi- cature, and it would have been equally impossible for " a very ordinary man " so early in life to have attained his distinction in the politics of the State. While his talents were not of the highest order, they were good, and his great industry enabled him to accomplish more than many possessing greater natural parts.
In 1825 Judge Blackford was a candidate for Governor of Indiana, but was defeated by James Brown Ray by a majority of 2,622 votes. Subsequently he was a candidate for United States Senator, and was beaten by William Hendricks by a single vote.
Judge Blackford was very careful in his expenditure of money. He seldom parted with it without an equivalent.
In March, 1851, when Jenny Lind sang in the Madison pork- house, he went to Madison to hear her. There was much ex- citement the evening she sang over the sale of tickets, but he stood at the box office and patiently bided his time. When the bidding became slack, and the price of tickets dropped to five dollars he made his purchase. He was not a benevolent man. but he seldom refused a contribution, when called on, for a charitable purpose.
Judge Blackford had an only son, George, whose mother died in giving him birth. The father was wrapped up in his boy. He was not only an only child, but he was the only hope
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of perpetuating the Blackford name. This boy, this child and companion of the cloisteral jurist, sickened and died while at Lexington, Kentucky, under medical treatment of Dr. Dudley. The father went to Lexington, and after seeing his boy laid away in his tomb, returned to his home. It was in the summer time, and he reached Indianapolis in the middle of the night. Instead of going to his room in the Circle, he went to the resi- dence of Henry P. Coburn, and, without knocking, opened the door and entered the house, a house in which he was ever wel- come. Soon afterward one of Mr. Coburn's sons was awakened by the stifled sobs of the mourner. He arose from his bed, and lighting a candle, beheld Judge Blackford, walking the floor and sobbing as though his heart would break. Not a word was said. The young man knew the cause of the great grief of his father's friend, and having no wish to intrude upon its sanctity, left the room. Judge Blackford remained at Mr. Coburn's for several days, and during the time held no conversation with any one. He took his meals in silence, and when they were over returned to his room. When narrating this incident. General John Coburn said to the author : "I have seen grief in all its forms ; have seen the mother mourning for her son ; have seen the wife at the grave of her husband, and heard her sobs, but I never saw such appalling agony as Judge Blackford exhibited that night at my father's house."
Judge Blackford had a room in the old building which used to stand in the Governor's Circle, in which he lived for many years. It was plainly furnished, but it contained everything necessary for his comfort. There were three tables in it, and these were always loaded with books. William Franklin, a colored man still living, used to sweep the Judge's room, make the fires and do other necessary things about the house. He was with Judge Blackford twelve years, and says that, during that time, he never saw him in a passion, nor heard him utter an angry word. He nursed the Judge when he was sick, and attended to his little wants when he was well. and had the best of opportunities of knowing him as he really was.
Judge Blackford was prudish in the manner of writing his opinions. The orthography must be perfect and the punctua- tion faultless before the matter left his hands. One who knew
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him well says he paid as much attention to a comma as to a thought. He has been known to stop the press to correct the most trivial error, one that few would notice. The late Samuel Judah, desiring to have a decision delayed, once asked him the correct spelling of a word he knew would be in the opinion. The Judge answered, giving the usual orthography. Mr. Judah took issue with him and argued that the spelling was not cor- rect. The Judge at once commenced an examination of the word, dug out its roots and carefully weighed all the authorities he could find. He spent two days at this work, and before he got through the court had adjourned and the case went over to the next term.
In politics Judge Blackford was originally a Whig, but in 1836 he supported Van Buren for the presidency, and afterward acted with the Democracy. He hated slavery, and during his whole life his influence was against it. Although the ordinance ceding the Northwestern Territory to the United States pro- vided that slavery should never exist in the Territory or the States formed from it, it was covertly introduced into the Ter- ritory. Laws were passed authorizing the bringing of negroes into the Territory, and providing for apprenticing males until they were thirty-five years old, and females until they were thirty-two. Children of colored persons born in the Territory might be apprenticed until the males were thirty and the females twenty-eight years old. It was also provided that slaves found ten miles from home without permission of their masters might be taken up and whipped with twenty-five lashes. Congress was petitioned to suspend the sixth article of the ordinance of 1787 prohibiting slavery in the Territory, but happily without effect. General Harrison was Governor of the Territory, and approved of all these measures. He had about him, and en- joying his confidence, Waller Taylor, Thomas Randolph, and other immigrants from Virginia, who were pro-slavery men of the most decided cast. Judge Blackford hated slavery in all its forms, and early allied himself with the free State party led by Jonathan Jennings. He held General Harrison responsible for the effort to make Indiana a slave Territory, and when the General became a candidate for President, in 1836, Judge Blackford refused to support him. His action in this matter put
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him outside the Whig party and into the Democratic-a position he maintained while he lived.
Judge Blackford regarded Vincennes as his home for many years after he came to Indianapolis to live, and every year he spent a part of his time in that place. On one of his trips to Vincennes on horseback he came very near losing his life. Mounted on a stout horse, with overcoat, leggings, and saddle- bag full of law books, he undertook to ford White river, near Martinsville, while the river was much swollen by a freshet. He and his horse were swept down the stream a great distance, but eventually they landed on an island. The Judge was wet and cold, and it was several hours before he reached the mainland, being rescued by a farmer who had heard his outcries. He spent a couple of days in drying his law books and clothing, and in waiting for the waters to fall low enough for him to cross the river with safety, and then proceeded on his journey.
Judge Blackford was about five feet nine inches high, very erect, with a neat, trim, lithe figure ; he was quick and active in motion and graceful in bearing. His face was long, though well proportioned and marked with intelligence, sensibility and refinement. His head was small but shapely. He was upright and scrupulously honest in his dealings ; was a model of integ- rity and purity of character. He had great reverence for the Sabbath, and nothing could swerve him from his purpose to do no work on Sunday.
He lived the greater part of his life alone, having the habits of a student and the tastes of a scholar.
His legal opinions were prepared with the greatest care and precision. They were written and rewritten until they were brought to his critical standard. So, too, with his reports of the decisions of the Supreme Court, eight volumes of which he published. Each syllabus was wrought out as a sculptor chisels his marble. He did not report all the decisions of the court. many were omitted. Those only were published which he re- garded as sound and just on the general principles of the law. The result of this was his reports are authority wherever the courts recognize the common law as their rule of action. Since they were published a law has been passed compelling a report of all the opinions of the court. There have been so many con-
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tradictory opinions given since then that the authority of our highest court is not, relatively, as high as it was when its de- cisions were only known through Blackford's Reports. Judge Blackford's reports were short and sententious, his style being clear and faultless. He did not write essays or treatises in his opinions, but treated of the essence of the case, and of nothing more.
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