USA > Kentucky > A history of the commonwealth of Kentucky > Part 31
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"4th. Resolved, That the act of Congress laying an embargo, and the supplements thereto, ought to be repealed with all practical despatch-that the commerce of the United States with friendly nations ought to be regulated, and her bona fide citizens authorized to arm their ships, and to sail under convoy for defence and protection, on their lawful voyages; abstaining from all intercourse with France and England, so long as they shall respectively continue their decrees, orders or aggressions; with the public avowal and national pledge on the part of the United States, that a resort to actual force by either, not author- ized by the established law of nations, will be held and treated as a declaration of war against the United States.
"5th. Resolred, That the general government may rely on the support of this Commonwealth in the foregoing, and such other measures as may be deemed necessary and proper to protect the rights of the citizen, and maintain the honor and independence of the nation."
On the question being put. the vote stood sixty-four for Mr. Clay's resolutions, and one nay, (Mr. Marshall,) against them. This fact, he has the manly frankness to record. The 2E*
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substitute of Mr. Clay, which seemed unanimously to con -- vey the sentiments of Kentucky, was as follows :-
"Resolved, That the administration of the general govern- ment since Thomas Jefferson has been elected to the office of president, has been wise, dignified and patriotic, and merits the approbation of the country.
"Resolved, That the embargo was a measure highly judi- cious, and the only honorable expedient to avoid war-whilst its direct tendency, besides annoying those who had rendered resort to it necessary, was to preserve our seamen and pro- perty exposed to the piratical depredations of foreign vessels.
"Resolved, That the general assembly of Kentucky would view with the utmost horror a proposition in any shape, to submit to the tributary exactions of Great Britain, as at- tempted to be enforced by her orders of council, or to ac- quiesce in the violation of' neutral rights as manaced by the French decrees; and they pledge themselves to the gen- eral goverment to spend, if necessary, the last shilling, and exhaust the last drop of blood, in resisting these aggres- sions.
"Resolved, That whether war, a total non-intercourse, or & more rigid execution of the embargo system, be deter- mined on, the general assembly, however they may regret the privations consequent on the occasion, will cordially ap- prove and co-operate in enforcing the measure; for they are sensible, that in the present crisis of the nation, the alterna- tives are, a surrender of liberty and independence, or, a bold and manly resistance.
"Resolved, That Thomas Jefferson is entitled to the thanks of his country for the ability, uprightness and intelligence which he has displayed in the management, both of our foreign relations and domestic concerns.
"Resolved, That a copy of the foregoing resolutions be transmitted to the President of the United States, and to each of our senators and representatives in congress."
At this session, an act was passed, affecting very deeply the domestic relations of society; it was an act regulating
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divorces in this Commonwealth. By this act the process of granting divorces, was vested in the Circuit courts in the fol- lowing cases, "in favor of a husband, where his wife shall. have voluntarily left his bed and board, with intention of abandonment, for the space of three years; or when she shall have abandoned him and lived in adultery with another man or men; or shall have been condemned as a felon in any court of record within the United States: in favor of a wife, where a husband shall have left her, with the inten- tion of abandonment, for the space of two years; or where he shall have abandoned her and lived in adultery with another woman or women; or shall have been condemned as a felon in any court of record within the United States; or when his treatment to her is so cruel, barbarous and inhuman, as actually to endanger her life." One excel -- lent provision was annexed to this law, that the offending party should not be at liberty to marry again; nor should be released from the pains and penalties of persons enter- ing into a second marnage, during the life of the first wife or husband.
An attempt, however, was made in vain, to remedy the oppressive delay in the trial of chancery suits; by repeal- ing the law which had directed them to be placed on the docket after suits at law. It then directed that the court might act upon them at any day of the term. These im- portant suits, which generally involve titles to land, or the payment of money, for which there was a judgment at law, and an injunction was now wanted, obtained but little ad- vantage by the alteration. "They were seldom heard, how- ever urgent might be the cases. It would not be extrava -. gant to say, that there are no other suits on docket, which have been transferred from one generation to another, and after having passed from one lawyer to another, for ten, twelve, or fifteen years; there is not one at the bar, or in court, who know anything of their merits or demerits, ex- cept the clerks; they know that they charge three fees an-
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nually for continuances; and that hence, to them they have the virtue of perennial fountains of gain."*
These reproaches against the tardy and vexatious admin- istration of justice, in mockery of a people's feelings and interests are, it is believed, no longer applicable to the same extent. Though much remains to be done by adequate sala- ries to command the highest talents and learning in the public service on the bench. Till then the people of Ken- tucky, will be insecure in one of the blessed fruits of good government; indeed almost its practical essence; the speedy administration of justice, by impartial and enlightened magis- trates, Until then, the public will be worse served than private individuals.
The commencement of banking in Kentucky, is too im- portant to the community, and involves too many vital inter- ests of industry, and social prosperity, to be pretermitted. This branch of legislation first began intentionally upon the part of the legislature, at the session of 1806. Leave to bring in a bill for incorporating a bank, was asked by Mr. John Allen; and a committee of Messrs. Allen, Grundy, Pope, Hopkins, Ballinger and Cosby, reported the bill.
This measure was most providently resorted to, in order to husband the resources annually accruing to the State from the sale of its domain. It was most happily devised to place the principal of these accumulations of treasure, arising from this source, in a productive shape; and beyond the fearful hand of legislative waste.
It fixed the site of the principal bank at the seat of government; authorized a capital of one million of dollars, divided into ten thousand shares, of one hundred dollars each. Five thousand shares, were reserved for the use of the State. The legislature reserved the right of electing a president and six directors. This political majority, when times of excitement arose, drove the bank on the shoales of party, and ultimately shipwrecked the institution. The power of branching the bank, became a subject of local and
· Marshall 2, 404.
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party contention; and the influence of the legislature through its election of the majority of the directory was brought to bear upon the decision. The extension of the bank then ceased to be a mere fiscal or mercantile question, to be governed by the interests of the corporation; but was con -. verted into one of political influence. The bank went into successful operation under the presidency of a distinguished . and upright citizen, Robert Alexander, jr.
The difficulties in trade and business alluded to : by the Governor in his address, arising from foreign depreda- tions, and the remedy of the embargo adopted by our gov- ernment, to avoid them, introduced the relief system, of prolonged replevy, into the legislation of Kentucky; though of ancient colonial adoption. An act was passed for the relief of debtors, which authorized a replevy of one year, upon giving bond and security on or before the day of sale under execution, to pay the debt within the year; but if the defendant failed to give the bond and security, then the estate was to be sold on a. year's credit, the purchaser giving bond and security, to have the effect of a judgement, and it was rendered assignable.
It was at this session, the memorable act to compel the . speedy adjustment of land claims, generally known as the seven years' limitation law, was passed. Mr. H. Marshall, in- troduced this measure, which, after every other anchor had failed before the legal storm, has saved the ship of state,* When after the decision of the Supreme court of the United States against our occupying claimant laws, no hope ex- isted of arresting the endless curse of uncertainty, in the
* This measure was finally on the 5th of January. 1:49. re-committed to a committee composed of Messrs. Clay, South, and if. Marshall, who reported it with an amendment, which was concurred in. and the bul ones,ed to be engrossed.
It received the approbation of the Giose noe on the Juth of February. This most important measure of peace and security to the land holders of Kentucky, and all the numerous classes of society, comodent upon them, had the cordial concurrence of Mr. Clay, ahnongh the bill was nutreslord by Mr. H. Marshall.
It was at the session that the art of the previous session, conferring a pension of three hundred dollars, on torpe Matte, ale chief justice of the court of Appeals, on his resignation of in godina grustion, was attempted to be repeated. Governor Greenup most independently and geringly oppeneed tone violation of the faith of Kentucky, to na and and devoted water and the bill was arrested in the Sen- ate. But it was all in vain. 'The point suspicion and odium were exceed against this paltry consuferation for a substantial and for contract, and the claims of public merit and private right, were alike disregarded at the next session, notwithstand- Ing another Governor's veto,
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freeholds of the State; this most unexpected affirmation of our limitation law, came like an angel of peace, with heal- ing on his wings, to console the vexed and agitated land- holders of Kentucky.
. It was in the case of Hawkins, et al. vs. Barney's lessees, formerly alluded to, that judge Johnson remarked that, "I perceive in the copy of Littell's laws, which has been sent to our chambers, some one* has had the perseverance to go over the legislation of Virginia, relating to the lands of Kentucky; whilst under her jurisdiction, and to mark the va- rious senses to which the word rights, has been applied in the course of her legislation. It is curious to observe how numerous they are."
It is too grateful to the proper pride of Kentucky, harrassed as she has been by the authority of this high court, not to record its kind and honorable testimony to the correctness of our policy in this measure. It is emphatically an instance of the "laudatur a laudatis," of being honored by the exalted. The words of the court are :- "It is impossible to take any reasonable exception to the course of legislation pursued by Kentucky, on this subject. She has in fact literally com. plied with the compact in its most rigid construction; for she adopted the very statute of Virginia in the first instance, and literally gave to her citizens, the full benefit of twenty years to prosecute their suits, before she enacted the law now under consideration." It is due to the memory of a faithful public servant of Kentucky, the late Jeroboam Beau- champ, Esq., to mention, that he is said to have been among the first, who agitated this great quieting measure, though drafted in legal nicety by Humphrey Marshall, Esqr.
. The historian would perhaps be culpable in omitting an enactment of this session, importing that the acts of the legis- lature should be in force from their passage, unless otherwise declared in the act.
The interval between the session of 1808-9 to that of 1811-12, does not seem to present much matter generally in
· Judge Rowan.
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teresting to the reader. This is a circumstance, unfortunately for society, too great a compliment to the times. For so in- capable is history of penetrating into the interior of society, and of presenting a true picture of private feelings, and domes- tic scenes which constitute its principal happiness, that its topics are necessarily the striking and palpable acts of life. The crimes and the triumphs of war, or the desolations of dis- ease, of famine and poverty, are too truly some of the clearest portraits of history. Its silence, then, is negative praise, in an extended sense. Sometimes, however, a civic wreath is to be twined from the success of some patriot statesman, or from the sacred labors of the philosopher and the philanthropist, in alleviating the evils of society. What matter of either kind existed at this time in Kentucky, our records are believed not to point out. True it is, the general history of the country rung with the outrages of France and England upon our seamen, upon our commerce, and in our ports. These properly belong to the recorder of higher scenes and spheres of interest beyond Kentucky. But it is due to the generous and ardent temper of the State, to declare, that removed as she is from the sea board, and few as are her sons, whose "march is on the moun- tain wave, and home upon the deep," she felt, with all her soul, for the insults and the wrongs of our seamen. Through this page of our national history, checkered with insults and their revenge, it is not permitted to the historian of Ken- tucky to wander. He has already been led in narrating the early annals of the State, to take a scope almost co-extensive with the western country. So connected and identified is the carly story of our Commonwealth with the very rise and growth of the west; she has been, to so great a degree, the nursing mother, the focus of military and political movement among the younger sisters of this portion of the United States, that this course was unavoidable. What early field of battle has not been dyed with the blood of her sons? what section of the west has not been their honored grave? May these primitive and holy ties of consanguinity preserve their sacred influence upon the sympathy of the western people, when the
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·storms of political contention, and the disappointments incident to - all society, shall threaten to alienate the western brotherhood · from one another. If our eastern brethren shall, in a moment of delusion, set at nought the sacred obligations and duties of our "union now and forever," may the western band pre- serve their loyalty, to win them back, and restore the holy alliance of American freemen.
In the more advanced days of our history, the share of Ken- tucky, in the heat and the burden of the day, becomes less exclusive. Other sisters, and other descendants from the Ken- tucky stock, come in for their ample and honorable share in the toils and the trials of the times. The State of Ohio, now in the van of western strength and enterprise, and the territo- ries of Indiana, Illinois and Missouri, performed their full parts "in the subsequent drama of north-western affairs. These are "the fit topics for their own future historians; and the author scorns ungenerously to forestall labors for which they will be so much better fitted, by superior light and greater familiarity. Let then the historian of Indiana pourtray the course of events which, on that frontier, led to the Indian difficulties of 1811. Let him narrate the bloody battle of Tippecanoe, so destructive to the enemy, as well as to ourselves, in which her Barthol- omew, her Decker, and her Parke distinguished themselves; and her Spencer, Warwick, McMahon and Berry, with White, · of Illinois, died in her defence.
But while a sense of historical duty points out this course, the author cannot pass in silence the grave of our Daviess and : Owen, at that hard fought field. When has a more powerful gush of feeling hallowed the death of a patriot soldier, than con- : secrated the memory of Joseph Hamilton Daviess. He was a man of the highest cast of intellect, the fit competitor of our Cice- ronian Clay; but it was not on ordinary occasions that the ' mettle of his character was heated. Let a suitable occasion, however, present itself for exciting his high powers; and he bearded George Nicholas, when but a stripling, before the people of Mercer, in defence of the presidency of the elder . Adams; and when a man, contested the palm with Henry
------
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Clay. Such, however, was the impression made upon the :mind of an ardent admirer* of the latter gentleman's exalted power, in the case of Innes vs. Marshall, a case involving the most intense political interest through this Commonwealth. The devotion of Daviess to the honor of his country was chival- rous in the highest degree: he would serve that country in despite of her mistaken frowns. He served her for herself, and not for the vulgar love of the loaves and fishes she might have at her disposal.
Less eccentricity of manners, and more conciliation, would have, it is believed, enabled Colonel Daviess to have enriched his country by the practical fruits of his talents and his zeal. As it was, he lived and died under the political anathema of fed- eralism, in the unfortunate days of its mistaken and misguided proscription. He was elected but once from the county of Mer- cer to the legislature of the State, and ever afterward lived un- der the ban for his federalism, or rather his opposition to the character and policy of President Jefferson's administration. He was the author of a book of "Reflections Military and Politi- cal," of a. most sententious and abstract character; rather fur- nishing topics and heads for discussion, than full portraits of sentiment. Its ardor of devotion to the honor of his country, breathes almost audibly through its pages.
Of Colonel Owen, the honest, the conscientious and most respectable McAfeet says, "His character was that of a good citizen and a brave soldier"-no little praise in a republic, and in a warlike State. To these departed spirits must be added, Colonel Geiger, and Colonel Samuel Wells, who headed a small company of the gallant young men in the neighborhood of Louisville, including Croghan, O'Fallon, Shipp, Chum, and Edwards; who, with Meade and Captain Funk, all fleshed their arms for wider, though not nobler fields, under the same gallant and skillful Harrison.
Suffice it to say for our purpose, that the Indians experienced at the battle of Tippecanoe, fought at their own cabins, and at their own time, with about equal numbers, a heavier loss than
* Captain J. Joout, of Woodford. 2 F
t Now Minister ta Colombia.
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is known to have ever been inflicted upon this subtle and fugi- tive enemy, in any night attack, in our history. At the battle of the Maumee, fought in the day-time, under Wayne, the loss of the Indians was loosely estimated by himself, at double his own, which would make sixty-six. At Tippecanoe, thirty-eight warriors* were, with all the punctilious care of Indians for their dead, found on the battle field, besides those who were either buried in the town, or hid by their friends, and those who must have died of their wounds. t The loss of our own men was fearful enough; it amounted to sixty-two, and the total of killed and wounded, one hundred and eighty-eight. Yet it is only at such an expense, that an enemy, who can choose his time and place so perfectly at will, as the Indians, can be made to feel the superiority of artificial discipline over their own rude and ferocious warfare. The moral effect of this battle has scarcely ever been attended to; yet it electrified the nation; it drew the line immediately, broad and deep between the true lovers of their country, who could but sympathize with her triumphs, and the cavillers, whose patriotism was swallowed up in faction.
The author may not omit the resolution of the legislature of Kentucky, and the veteran Scott, on this battle .- "In De- cember, the month after the battle. the legislature of Kentucky, on the motion of J. H. Hawkins, Esq., went into mourning for the loss of Colonel Daviess, Owen, and others, who had fallen at Tippecanoe; and in the same session, while this battle was the subject of much discussion, the following resolution, moved
* A Kickapoo deputation to Governor Harrison informed him, that the Indian loss, independent of the Potawatamies, was 57 killed and ten wounded. They likewise acknowledged. with, however, doubtful sincerity, that "the Indians never before sustained so severe a defeat, since their acquaintance with the whites." Dawson's Life of General Harrison, p. 234 .- The immediate evacuation of their town, which they believed to be consecrated from the destruction of the whites by the presence of the Prophet, confirms the general vigor of the dow that they had received The war chien were opposed to the attack; their plan was to pretend an acquiescence in the demands of the Governor, to assassinate him, and then attack the army in its consequent confusion. Two Win- nerazoes had devoted themselves to this hideous patriotism. The prophet, more for- tunately for ua, prevailed upon them to make a night attack, under circumstances which could sarcely bave been more favorable to the effect of our arms upon the enemy; though at so great an expense to our select corps. Governor Harrison had, however, determined not to return without the depredators, or hostages for the due observance of peace, bad a battle not have taken place.
t An Indian interpreter reported to General W. Clark, that he saw 30 or 35 Kickapoos tying badly wounded, from the buck shot, the next February.
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by J. J. Crittenden, Esq., was adopted, with only two or three dissenting votes :- " Resolved, &c. That in the late campaign against the Indians on the Wabash, Governor W. H. Harrison has, in the opinion of this legislature, behaved like a hero, a patriot, and a general; and that for his cool, deliberate, skillful, and gallant conduct in the late battle of Tippecanoe, he well deserves the warmest thanks of the nation."*
" The veteran soldier, Governor Charles Scott, approved this resolution, which at once gave tone to the popularity of Harrison, effectually turning the tide in his favor, and reducing the clamor of his enemies to private murmurs."
CHAPTER XIX.
Second term of Governor Shelby-Petition of Daniel Boon -- War with Great Britain- - First detachment of Kentucky volunteers -- Surrender of Detroit-Kentucky Brevet to General Harrison-Indian sage of fort Wayne-Description of fort Wayne-Ex. pedition against the Indian towns -. General Winchester appointed to command the North Western army-Nature of the country and the plan of the campaign-Expedi- tion of General Hopkins -- Expedition of Colonel Russell.
The term of service of the gallant and venerable Scott, now grew to a close; and the patriots of Kentucky turned their eyes with one accord, upon their first Governor, one of the heroes of King's Mountain, the brave and energetic Shelby. When solicited to become a candidate for this high office, he consented on the condition, so honorable to his love of country, not of indulgences suited to his advanced years and ancient services, but "provided the United States are involved in war."
No ordinary language can do justice to a patriotism which rests its consent to serve one's country, not on conditions of ease and enjoyment; but those of painful responsibility and arduous difficulty, when declining years might well in ordinary
* Colonel Davies did not expect an attack, as represented by M'Afee, in general so well informed; for Re "was out of further on the night before the battle. because there was no prospert of a fight. He even made This just retention, the the Indians would agree to "Harrison's terms, and would, as soon as the army was withdrawn. commence their depredations again." The Governor would not, however, have perred, it has been mentioned. without the depredators being given up, or hostage + for them.
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men, have demanded repose. Isaac Shelby was triumphantly elected for the second time, Governor of Kentucky, in Au- gust, 1812: he chose Martin D. Hardin Secretary of State. This gentleman was the son of Col. John Hardin, of tried mili- tary excellence, and who had been perfidiously killed on a mis- sion to the Indians.
During the session of the legislature of this year, a peti- tion was presented to them, from the old pioneer of the west, Daniel Boone. It stated that, "unacquainted with the niceties of law, he did not intend to locate land for others; but to take up a reasonable portion of those which were good, for the use of himself and his posterity.
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