USA > Kentucky > A history of Kentucky > Part 8
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While war prevailed in Europe, America had been cut off from foreign trade. The capital of the country was therefore employed in establishing factories Financial for home manufactures. But when the war in depression Europe was over, foreign goods were again sent over to the United States. The newly established trades of this country could not at once compete with the cheaper and better commodities of the older country ; hence resulted a
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temporary financial depression. Furthermore, during the European wars, and the war of America with England, gold and silver had been banished from circulation, and in their place had been substituted a paper currency, which gave a high nominal value to commodities. The return to specie payment lowered this value, and the result was very general bankruptcy. Beside these causes of disaster, the country was burdened with an enormous war debt.
For a time Kentucky was in a prosperous condition. Her portion of the war debt was promptly paid. Manu-
Kentucky's factories sprang up all over the State. In
financial Lexington alone, in 1817, there were more
condition than sixty mechanical shops, and Louisville, the town next in importance, soon vied with Lexington. The increase of trade in the State demanded a better cir. culating medium than had existed before. In the earliest days, skins of wild animals had constituted the only cur- rency. Later on, Spanish milled silver dollars were intro- duced. These were cut into four parts to make quarters, which again were cut to obtain smaller bits. Of course dishonesty resulted and great loss was caused, and the need for something more satisfactory was strongly felt.
We have learned that Kentuckians were opposed to banks. In 1817, there existed in the State only one such
Independent institution, the Bank of Kentucky, which was
banks chartered on a solid foundation. But, moved by the exigencies of the time, the people went to rash extremes. The legislature of 1817-18 chartered forty-six independent banks which were not required to redeem their notes with specie. The State was flooded with the paper of these banks, and a mere shadow of prosperity hung over the people. Speculation rose to an
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exorbitant degree. Then the shadow disappeared, and the true financial condition was exposed. Before the end of the year 1818, most of these unsubstantial banks were wrecked; and, in 1820, the legislature repealed the char- ters which gave them existence.
With the banks went under also a vast number of speculators who had relied upon them. The suffering from debt was terrible. The cry for some means of relief resounded throughout the State. And now began an intense political conflict.
The State became divided into two bitterly antagonis- tic factions, known as the Relief and Anti-Relief parties. Each enrolled many of the distinguished names Two new of the time. On the one side may be men- State parties tioned William T. Barry, George M. Bibb, Joseph Desha, John Trimble, and John Rowan; on the other, Richard C. Anderson, John J. Crittenden, R. A. Buckner, Sr., George Robertson, Christopher Tompkins, and Robert Wickliffe. At first the Relief party was stronger in the State. The great mass of debtors were in favor of the measures it advocated. General John Adair and Major William T. Barry, both Relief candidates, were elected governor and lieutenant governor.
As a "relief measure," the legislature of 1820-21 char- tered the Bank of the Commonwealth. This bank was allowed to issue $3,000,000 of paper money, Bank of the and was not required to redeem its notes in Commonwealth specie. Soon the paper of the bank fell far below its face value, and creditors refused to receive it in payment of their debts. But the legislature had passed a further act, known as "the two years' replevin law," under which every creditor was obliged to accept in payment of his debt the paper of the Bank of the Commonwealth, or
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FOUNDING OF THE COMMONWEALTH
receive nothing at all for two years, with the risk at the end of that time of further delays, or the failure of his securities.
The question of the power of the legislature to pass such an act was brought before the judges of the State. Judge Clark's The first to give an opinion on the point decision was Circuit Judge James Clark, of the Clark County district, who fearlessly declared the act unconsti- tutional. The Relief party was strong in numbers and power. The storm raged about him; but no recognition of individual loss made Clark waver in pronouncing the judgment which seemed to him correct. He was brought before the legislature in the spring of 1822, and reso- lutions were entered requiring the governor to remove him from office. The resolutions, however, failed to receive the necessary two-thirds vote, and were consequently lost.
All now anxiously awaited the decision of the court of appeals. This highest tribunal of the State was then filled
Decision of the court of
by men of recognized integrity and unsur-
appeals passed legal ability. John Boyle was chief justice, William Owsley and Benjamin Mills, associate justices. In the midst of an intense excitement which pervaded the entire State, the judges maintained a dignified silence, and awaited the time when they should be called upon to give a decision as a court. This occurred in the autumn of 1823.
The verdict of the court sustained the decision of Clark and the other judges who had concurred with him, and declared the "replevin law". unconstitutional; that is, directly in opposition to the constitution of the United States, which provides that no State has the right to pass any law which shall impair the obligation of contracts. Now, there were many men in Kentucky at this time who
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believed that a State had the right to nullify or disobey a law of the United States, if that law interfered with what seemed to them the right of the State. Thus was brought into the controversy the old point of divergence between the Federalist and Democratic parties of 1798.
The mass of the people were for the time in sympathy with the Relief party. The decision of the judges awak- ened great opposition and caused intense ex- Temporary citement in the State elections of 1824. The power of the result was victory for the Relief party. Gen- Relief party eral Joseph Desha, the Relief candidate, was elected gov- ernor by a majority of nearly sixteen thousand over his oppo- nent, Christopher Tompkins, of the opposite faction ; and Gen- eral Robert B. McAfee, also a Relief candidate, was elected lieutenant governor by a major- ity of about eight thousand over William B. Blackburn, of the Anti-Relief side. The Relief party also had a majority in both houses of the legislature.
The judges of the court of appeals held office for life, dur- Joseph Desha ing good behavior. They could only be removed by the concurrence of two thirds of both houses. That their removal might be accomplished, Old court of appeals abolished
the judges were brought before the legislature the following December. But as in the case of Judge Clark, the number of votes necessary for their removal was not obtained. Nevertheless, it was the will of the majority that the judges should be removed.
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Another means to accomplish this object was now re sorted to. A bill was introduced to repeal the act under which the court of appeals had been established. If this were carried, then a new court might be organized in harmony with the will of the people. For three days, before crowded houses, the bill was debated. Each side put forth its best efforts in this unique contest. Logical and brilliantly illogical arguments mingled with the bold charge and counter-charge of the combatants. The bill passed both houses by a large majority, and was signed by the governor.
A new court of appeals was soon organized. William T. Barry was appointed chief justice, John Trimble, James
A new court Haggin, and Rezin H. Davidge, associate jus-
of appeals tices. The clerk of the old court refused to
organized give up the papers and records of the court to the new clerk, whereupon the office was broken open to obtain them.
During all this time of trial, the old judges stood firm in their conviction, and continued to sit as a court, in spite of opposition. A majority of the lawyers recognized them as the only court and obeyed their decisions. Some recognized the new court, and others refused to decide between them.
An entertaining incident, which expresses the high excitement of this time, is recorded as having taken place
How a riot in Lexington. There occurred in the streets was quieted of that town a regular pitched battle on this
subject. Men appeared armed with pickaxes, with which they tore up the sidewalks, that they might have bricks to hurl at those who differed from them. When the riot was at its height, R. J. Breckinridge and Charlton Hunt, young men then in the beginning of their careers,
LOCAL AFFAIRS
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came out with locked arms and walked through the midst of the combatants. These young men were opposing candidates, the former being an adherent of the old court
J.TOGARZ
How a Riot was Quieted
and the latter, of the new court. It is needless to add that the rioters were covered with shame, and quiet ensued.
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Party names were now shifted. The Relief party be- came the New Court party; the Anti-Relief party, the
Old Court party. The elections of 1825 were
Old Court and
New Court fought under this issue. The storm had gath- parties ered velocity as it raged. This was the most exciting period in the whole tempest. But a calm was soon to follow. The result indicated a great change in the sentiment of the people. A large majority of the Old Court candidates was elected to the House, and the fol- lowing year a majority of that party was likewise gained in the Senate.
The new court was abolished and its acts annulled. The old court was reestablished, and the salaries were paid to the judges for the time during which they had been de- barred from office. Of course the "replevin law " was now repealed. The paper of the Bank of the Common- wealth was destroyed, and branches of the United States Bank were established at Louisville and at Lexington. Again the conservative element was victorious in Ken- tucky.
Quiet being now attained, a matter of national politics next divided the people of the State. In 1824, the vote
Henry Clay's for United States President was thrown into temporary loss of power in the House of Representatives. Henry Clay,
Kentucky member of Congress from the Ashland district, cast his vote for John Quincy Adams, and it was perhaps due to Clay's exertion that Adams was elected. The majority of Kentuckians were eager for the election of Gen- eral Jackson, the closest contending candidate. Clay's sup- port of Adams was received with disapproval throughout the State. This dissatisfaction among his own people arose at the time of Clay's highest national power. He had just succeeded in carrying in Congress his famous Missouri
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Compromise bill, by which the difficulties between the North and South on the slavery question were tempo- rarily subdued. Although an account of Clay's work belongs more to the history of the United States than to that of Kentucky, his influence was so distinct upon the political affairs of the Commonwealth during his day, that it must not be lost sight of.
The mass of the Old Court party, which represented the con- servative element of the State, warmly upheld Clay. This fac- tion now became merged into a John Quincy Adams new party that had adopted the name National Republican, while the disagreeing faction united with the Democratic Republican party.
The oppo- sition to Adams had been obliged to smolder Change of party names during the time of local agitation ; but when he was offered as candidate for reelection against Jackson, the latter carried the State by a majority of eight thousand. The Democratic Republicans carried also all the State elections with the exception of that of governor. Thomas Metcalf, the candidate on the National Republican ticket, was elected over William T. Barry, by a majority of only a few hundred.
For a time, the control of State politics wavered between these two parties. But finally, Henry Clay's great ability forced for him the renewed support of his Triumph of the fellow citizens. In 1831, he was elected to the National Re- United States Senate. Although the National publicans
Republicans obtained a majority in. the legislature, the
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triumph of that party in the State was not yet as- sured.
A vigorous contest for governor occurred in 1832, and the Democratic Republican candidate, John Breathitt, was elected over Judge R. A. Buckner, Sr., by a small majority. In the exciting presidential campaign of 1832, Clay and Jackson were op- posing candidates. The State gave Clay a ma- jority of over seven thousand votes. Thus also was attained the complete victory of the National Republican party in Kentucky. Under various names Andrew Jackson and through various changes, that party held control of the politics of the State thereafter for more than thirty years.
In the spring of 1825, Kentucky arrayed herself in proudest attire to do honor to the French hero of the
Social and lit- Revolution, the Marquis de Lafayette. The
erary matters distinguished visitor was received with ova- tions at Louisville, Frankfort, Versailles, Lexington, and Maysville ; and each place vied with the other in the grace of the dinners and balls given him. The State had now recovered from its first financial crisis, and home life in the largest towns was as luxurious as that in Philadelphia or Boston.
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Perhaps this was the era of Kentucky's highest fame. Her statesmen towered by the side of the greatest in the Union. Her lawyers were renowned. Transylvania University, under the presi- dency of the accomplished and fascinating Dr. Horace Holly, had attained high rank, and was recognized as a great institution of learning, not only in the United States, but abroad. For seven years Professor C. S. Rafinesque,1 known to the scientists of the world, had occupied the Marquis de Lafayette chair of Natural Sciences and Modern Languages. During this time, he projected his dream of establishing botanical gardens at Lexington, and though he was unsuccessful in this undertaking, it added a charm to the town and to the State. By Dr. Holly's resignation in 1825 the University suffered a loss, but the brilliancy of his day lingered over it for years.
In Lexington, also, during this time, was established a Lyceum, or literary society, in which the best talent of the day took part in lectures and debates. Here, in 1827, Thomas Harris Barlow constructed Scientific and artistic pro- ductions the first model railroad and locomotive ever successfully run in western America, and here he achieved his most complete invention, known as Barlow's Planetarium. Neither was Kentucky barren of artistic
1 The Life and Writings of C. S. Rafinesque. By Richard Ellsworth Call, M.A., M.Sc., M.D. Filson Club Publication No. 10.
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productions. During this time Matthew Harris Jouett was producing a series of portraits which have given to his name an ever-increasing fame. Many prominent Ken- tuckians of his day were painted by him. On the walls of the old homesteads of the State hang these priceless relics of cherished ancestors. Jouett, whose Revolution- ary forefathers had taken part in the founding of the Commonwealth, was born in Mer- cer County, April 22, 1788, and died in Fayette County, August 10, 1827, at the early age of thirty-nine. Some- thing of his talent for making por- traits and for Matthew H. Jouett beauty of coloring descended to his pupil, Oliver Frazer of Lexington (born 1808, died 1854). Older in point of time than the latter was another artist- son of Lexington, Joseph H. Bush (born 1793, died 1865), who did vigorous, though perhaps less polished work than the others mentioned.
One of the most celebrated of Kentucky artists was the sculptor, Joel T. Hart, who was born in Clark County in 1810, and died in Florence, Italy, in 1877. Hart's circum- stances were restricted, and he was obliged to begin his
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career as a stonemason. But by virtue of the genius within him, and that necessary accompaniment to genius, - the power to labor unfalteringly, - he succeeded in the profession toward which his ideal ever aspired. He made several statues of prominent men of the day ; but his chief claim to fame rests upon the imaginative group to which he gave the name Woman Triumphant.1 He spent twelve years' work upon this statue, death alone ending his efforts to perfect it.
RECAPITULATION
George Madison, newly elected gover- nor, dies.
Power of legislature to order new election agitated.
Gabriel Slaughter, lieutenant gover- nor, succeeds.
European wars interrupt foreign trade.
Home manufactories established.
War ended, foreign trade resumed.
American manufactories fail.
Gold and silver banished from use.
Commodities bring high prices.
Specie payment resumed after the war.
Financial depression ensues.
Kentucky prosperous for a time.
Shops in Lexington and Louisville. Unique currency of the early days. A better currency needed. Wild extreme of the legislature. Forty-six banks chartered.
State flooded with paper money. Banks and speculators break.
Commonwealth's Bank a "relief " measure.
" Two years' replevin law " passed.
Judge Clark decides against the law. Failure of attempt to remove him from office.
Court of appeals concurs with Judge Clark.
State rights element in the ques- tion.
Relief party carries the State.
General Joseph Desha governor. Failure of attempt to remove court of appeals judges.
Charter of the court of appeals re- pealed.
A new court organized.
Old court firmly guards papers, etc. New court takes forcible possession. An entertaining incident.
1 In 1884 a Hart Memorial Association was organized at Lexington by Mrs. Issa Desha Breckinridge, for the purpose of raising $5000 with which to purchase of Messrs. Tiffany & Co., of New York, Woman Triumphant. The statue was secured, and is now in one of the public buildings of the city.
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Old Court and New Court parties. A change of sentiment in the State. Old Court party victorious. A return to national politics. Henry Clay's vote for President Adams.
Dissatisfaction occasioned in Ken- tucky.
Two new parties.
The Democratic Republicans elect all the State officers except governor. Thomas Metcalf chosen governor.
Victory wavers between the two par- ties.
John Breathitt, Democratic Repub- lican, elected governor.
Henry Clay elected to the United States Senate.
Final triumph of National Repub- licans in the State.
Lafayette's visit to Kentucky.
A brilliant era.
Transylvania University.
Dr. Holly and Professor Rafinesque. Botanical gardens projected at Lex- ington.
Thomas H. Barlow, inventor. The artists of Kentucky.
CHAPTER XIII
CIVIL AFFAIRS AND THE MEXICAN WAR, 1836-1849
THE National Republican party became merged into the Whig party, and the affairs of Kentucky were now controlled by that conservative element. As Rise of the an evidence of this change of sentiment in the Whig party State, James Clark, the judge who gave the decision against the replevin laws, was elected governor in 1836 The elections of the following year gave a continued triumph to the Whigs. It was as a re- sult of a congressional contest of this year that one of the most gifted sons of Kentucky was brought within the recognition of the nation.
Among those men who shed luster upon Kentucky in the
Richard H. early days of the Menefee present century, none surpassed, if any equaled, Richard H. Menefee. He was born in Bath County in 1809. His public career began in Richard H. Menefee 1832, before he had completed his twenty-third year, when he was appointed Common- wealth's attorney. With one term in the State legislature,
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one term in the Congress of the United States as the Whig representative of his district, and less than two years' legal practice at the Fayette bar, his brief life closed at the age of thirty-two.
In legal ability and the powers of oratorical persuasion he has never been sur- passed, and in those dis- tinctive characteristics of high-spirited chivalry which mark the Kentuckian, he has never had a superior. But his name is connected with no great event in history. Such men are forgotten un- less they are held up in grate- ful remembrance before the people of the State upon which they brought honor in their day and generation. And it must be understood that this was the day of Thomas F. Marshall great men in Kentucky. From the long list of nota- ble names, one or two may be selected as representative of the others. Thomas F. Marshall was born in Frank-
Thomas F. fort, June 7, 1801, and died at his old home,
Marshall "Buck Pond," near Versailles in Woodford County, September 22, 1864. In wide scholarship and fervent, imaginative oratory he was rarely gifted. As a speaker he possessed the rather unusual combination of vigorous logic and captivating brilliancy. If his moral character had equaled his intellectual ability, he might have made an enduring impression upon his country.
In the beginning of his second term, President Jackson
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vetoed the bill to recharter the Bank of the United States. As a result of this measure State banks sprang up all over the Union. The legislature of Kentucky, in 1833-34, established the Bank of Kentucky, the Bank Financial of Louisville, and the Northern Bank of Ken- depression tucky. Paper money became abundant; as usual, specula- tion increased, and bankruptcy followed. In the year 1837, all the banks in the United States were obliged to suspend specie payment. By prudent management, however, they were able to resume specie payment the following year. But unfortunately for the coun- - - try, the spirit of speculation had been stifled only momentarily, not destroyed. Business ven- tures increased, and again, the next year, there occurred a uni- versal suspension of banks. This financial depression not only ex- isted in Kentucky, but was gen- William Owsley eral throughout the United States for several years. In 1842 an attempt was made to revive the old "relief measures." But there was no danger now of the passage of any radical laws by the legislature. The people had at last learned that legislation does not remedy evils.
Still the Whigs led in State politics. In 1840, Robert P. Letcher, who had been a member of Congress for ten years, was elected governor by a majority of Continued
nearly sixteen thousand votes over the nomi- Whig control nee of the Democratic party - by which name the Demo- cratic Republicans were now called. But the political contests of 1844 were the most exciting that had occurred
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in the State for many years. The Whig nominee for governor was Judge William Owsley, who will be remem- bered as one of the distinguished judges of the old court of appeals during the famous controversy. The Demo- cratic nominee was the popular Major William O. Butler, later General Butler of the Mexican War. Butler was a man of ability. Furthermore, he had been a brave sol- dier. He had survived the slaughter at Raisin and par- ticipated in the victory at New Orleans. Nevertheless, the Whigs carried the day. Judge Owsley was elected by a majority of about forty-five hundred votes.
In the autumn of this year the election for President of the United States took place. Again Henry Clay had been chosen the nominee of the Whig party.
Issue of the
presidential election Kentucky stood true to Clay, and gave him a majority of over nine thousand votes. But James K. Polk, of Tennessee, was elected after a very close contest. The issue had turned upon the question of the annexation of Texas to the United States. Clay opposed this measure for various reasons, two of which were that it would in- crease the slave-holding territory in the United States, and that it would inevitably result in war with Mexico. Just before the inauguration of Polk, and under his advice, the acting President, Tyler, signed the bill for the an- James K. Polk nexation of Texas to the Union.
As had been foreseen by Clay, war with Mexico was inevitable. Immediately after the annexation was accom- plished, the authorities of Texas sent an urgent request
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to the President to forward an army for their protection. General Zachary Taylor, of the United States Outbreak of the army, a Kentuckian by adoption, was dis- Mexican War patched. Hostilities immediately began. On the 13th of May, 1846, Congress declared war with Mexico. Al- though the people of Kentucky, by their vote for Clay, had shown their opposition to the measure which brought about the Mexican War, yet, when war was declared, they were ready, as they had always been, to aid the Union in her time of need. Of the fifty thou- sand troops which the President called for, Kentucky quickly offered ten thousand and many Zachary Taylor more were eager to be called into service. Three of the important officers of this war were Kentuckians, - Zachary Taylor, major general of the regu- lar army ; William O. Butler, major general of volunteers ; and Thomas Marshall, brigadier general of volunteers.
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