Collins historical sketches of Kentucky. History of Kentucky: Vol. I, Part 67

Author: Collins, Lewis, 1797-1870. cn; Collins, Richard H., 1824-1889. cn
Publication date: 1874
Publisher: Covington, Ky., Collins & Co.
Number of Pages: 1452

USA > Kentucky > Collins historical sketches of Kentucky. History of Kentucky: Vol. I > Part 67

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The field was as level as the surface of the calmest lake, and the artillery ploughed through the column, from front to rear, without for a moment slackening its pace or disordering the beautiful precision of its formation. Its head was pointed against the centre of the Kentucky and Tennessee line, where ten ranks of musketry stood ready to fire as soon as it came within one hundred and fifty yards; the musketry opened along a front of four hundred yards, and converged upon the head of the column, with destructive effect. There was not a moment's pause in the fire. The artillery along the whole line discharged showers of grape, the roll of musketry was in one deep unin- terrupted thunder, like the roar of an hundred water falls, and

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the central breastwork for four hundred yards, was in a bright and long continued blaze, which dazzled the eye. Yet still the heroic column bore forward, into the very jaws of death, but no longer maintained the beautiful accuracy of its formation. The head of the column actually reached the ditch, and were there killed or taken. The residue paused and seemed bewildered for a moment, and then retired in disorder under the same exter- minating torrent of fire, which had greeted their advance. Their commander Packenham had perished; Generals Gibbs and Keane, the next in command, had also fallen. A host of inferior officers had shared the same fate, and their organization for the time was destroyed.

General Lambert now succeeded to the command, and rallied the column for a second effort. The officers who had survived the terrible burst of fire from the lines, were seen busily reform- ing the ranks and encouraging the men. In a few minutes all traces of disorder disappeared, and again the column moved for- ward, with as rapid a step, and proud a front as at first. Again the artillery tore its ranks with grape shot, until it came within range of small arms, when the same uninterrupted thunder of musketry ensued. The column did not again persevere in ad- vance with the heroic fortitude which marked the first effort. They broke and fled in confusion, before arriving within one hundred yards of the lines, and no efforts of their officers could induce them again to advance.

The river column, under Lieutenant-colonel Rennie, advanced against the redoubt with a resolution which nothing but death could control. The same fatal fire of artillery and musketry en- veloped its ranks. But through all it persevered in advance, and mounted the walls of the redoubt with loud cheers, compelling its defenders to retire to the breastwork. The redoubt was com- manded by the breastwork, and the British troops were exposed to a destructive fire, which proved fatal to their gallant com- mander and most of the inferior officers. They maintained their ground, at an enormous loss, until the central column was dis- comfited, when they gave way and retired in confusion.

The column under Colonel Jones had no better success. They found the left flank greatly strengthened since the 28th, and ex- tending so far into the swamp, that it could not be turned. They were greeted with the same deadly fire from Coffee's brigade, which had proved fatal to the other columns, and were with- drawn to the shelter of the wood, about the time that Packen- ham's division was repulsed. The battle was over upon the left bank, and deep silence succeeded the intolerable roar, which had just tortured the senses. Enormous masses of smoke, hovered a few feet above the breastwork, and slowly drifted over the bloodstained field. Horrid piles of carcasses marked the rout of the centre column, which thickened as it approached the lines. The hostile ranks were cowering behind a ditch, within half

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range of the artillery, unwilling to advance or retreat. Upon the right bank the battle was still going on.

Previously to the morning of the 8th, General Morgan had been detached to the opposite bank with about 1000 militia. Some slight defences were hastily thrown up, and a shallow ditch formed part of the line, easily passable at every point. Before day of the 8th, one hundred and eighty Kentucky militia, and a regiment of Louisiana militia, were thrown over to reinforce Morgan, raising his force to about 1700 men. The position, al- though weak in other respects, was well garnished with artillery, and if occupied by well trained troops, could easily have resisted Thornton's attack. As it was, however, the militia gave way, and the British veterans drove Morgan's whole force before them. Although scarcely a tenth of Morgan's force was composed of Kentuckians, and although the Kentuckians formed the strength of that central force which repulsed Packenham, yet the flight of one hundred and eighty Kentuckians upon the right bank, is con- spicuously set forth in General Jackson's official report, while the steady bravery of 1100 men under Adair, upon the left bank is left to be gathered from other sources.

The further proceedings before New Orleans, belong to the biographer of Jackson, or the historian of the war. But it would be improper to dismiss this subject, without some observations upon the force of the respective armies. Some American writers rate the British force at 14,000, and state Jackson's force at 4000. Some British writers estimate Jackson's force at 25,000, and sink their own to one-fifth of that number. General Jackson states his force at 4698 rank and file, present upon the field. Major Pringle, of the British army, states that the field return, on the day preceding the battle, shows that the three columns which attacked Jackson's lines on the left bank, numbered pre- cisely 5493 rank and file. This he admits is exclusive of Thorn- ton's force, 1400 rank and file, and also exclusive of the cavalry, two squadrons, the artillery, the sappers and miners, the engi- neers, etc. Permitting each party to state his own force, and taking their accounts as true, it will appear that Jackson had 4698 rank and file, a portion without arms, and of course not en- gaged, while the British had 6893 rank and file, actually em- ployed, and the cavalry, the artillery, the sappers and miners, about 1000 rank and file in all, stood idle. The British certainly had nine regiments of grenadiers, one of cavalry, a large body of ma- rines, a corps of artillery, a corps of sappers, engineers, etc. Two of the regiments, the fifth and ninety-third, are known to have exceeded a thousand men; two more, the eighty-fifth and ninety-fifth, were less than three hundred strong; while three more, the seventh, twenty-first and forty-third, averaged eight hundred apiece. It is probable that each party may somewhat understate his force, but these statements are the best data for forming an opinion. The British loss, by their own account, was

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2070, but by the American inspector general, was reported as 2600.

Peace had actually been agreed upon at Ghent, several weeks before the battle, and was soon afterwards ratified. The war opened with disgrace, and terminated with glory. It is impossi- ble to regard the military operations of Jackson before New Or- leans, without being struck with the extraordinary firmness, vigor, prudence and activity, displayed upon the one side; and the singular tardiness, and absence of the higher military qualities, conspicuous in all Packenham's movements. Every moment of time was precious to Jackson, and was improved by him, with that activity, and energy, which is the precursor of success. On the morning of the 24th December, Packenham was within two hours' march of the city, and three-fourths of his whole force was present under arms. Jackson was before him, with a greatly infe- rior force, and on that day retired behind the shallow ditch, which he afterwards made impregnable by sixteen days' labor. Why did not Packenham follow him closely ? He waited four days, until joined by the residue of his force, and then advanced. During these four days, the shallow ditch had been deepened, the earthen pile had been trebled in height and thickness, and heavy cannon had been procured from the shipping and mounted upon the works. Yet still the breastwork could have been turned on its right, as Rennie's demonstration showed. Ten more days, how- ever, were given to make every thing impregnable, and to re- ceive large reinforcements from Kentucky and Louisiana. The British bravery and discipline certainly shone out with a bril- liant splendor, which was never surpassed on their proudest fields. But we look in vain for the mind of a commander.

CHAPTER VI.

AFTER the close of the war, the civil history of Kentucky is memorable by the dreadful monetary derangement, which led to the passage of the relief laws, and gave rise to the most embit- tered and violent conflict of parties, which has ever occurred in Kentucky.

In 1816, George Madison was elected governor, and Gabriel Slaughter lieutenant governor. Madison died a few months after his election, and the question agitated Kentucky, whether the lieutenant governor became governor during the four years, or whether a new election could be ordered by the legislature. The question was settled after an animated conflict, against the

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power of the legislature to order a new election, and Slaughter became governor until 1820.

In the meantime the financial affairs of the civilized world were in a painful state of disorder. The long wars of the French revolution had banished gold and silver from circulation as money, and had substituted an inflated paper currency, by which nominal prices were immensely enhanced. At the return of peace, a restoration of specie payments, and the return of Europe to industrial pursuits, caused a great fall in the nominal value of commodities, accompanied by bankruptcy upon an enormous scale. In Kentucky the violence of this crisis was enhanced by the charter of forty independent banks, with an aggregate capi- tal of nearly ten million of dollars, which were by law permitted to redeem their notes with the paper of the bank of Kentucky, instead of specie.

These banks were chartered at the session of 1817-18. The bank of Kentucky had then resumed specie payments, and was in good credit. In the summer of 1818, the state was flooded with the paper of these banks. Their managers were generally without experience or knowledge of finance, and in some in- stances, destitute of common honesty. The consequences were such as might have been anticipated. Speculation sprung up in all directions. Large loans were rashly made and as rashly ex- pended. Most of these bubbles exploded within a year, and few were alive at the end of two years. In the meantime the pres- sure of debt became terrible, and the power to replevy judg- ments was extended by the legislature from three to twelve months by an act passed at the session of 1819-20. During the summer of 1820, the cry for further relief became overwhelming, and vast majorities of both houses, were pledged to some measure which should relieve the debtor from the consequences of his rashness. The reign of political quackery was in its glory. The sufferings of the patient were too acute, to permit him to listen to the regular physician who prescribed time, industry and economy, as the only honest and just remedy. He turned eagerly to the quacks, who promised him instantaneous relief, by infallible nostrums and specifics, without pain-without self-denial, and without paying the penalty which nature always imposes, upon any gross viola tion of her laws.

General Adair had been elected governor of Kentucky in 1820, and heartily concurred with the legislature in the acts passed at the ensuing session. The great cry of the people was for money, and their heaviest complaint was debt. Therefore, the legisla- ture of 1820-21, chartered the bank called the Bank of the Com- monwealth, which was relieved from all danger of suspension, by not being required even to redeem its notes in specie. Its paper was made payable and receivable in the public debts and taxes, and certain lands owned by the state, south of Tennessee river, were pledged for the final redemption of its notes. Its business was to pour out paper in profusion, in order to make

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money plenty. But how was debt to be relieved ? Easily. The creditor was required to receive this bank paper in payment of his debt, and if he refused to do so, the debtor was authorized to replevy the debt for the space of two years.

But these were not the only acts of this mad session. They had already one bank, the old Bank of Kentucky, then in good credit, its paper redeemable in specie, and its stock at par or nearly so. By the terms of its charter, the legislature had the power of electing a number of directors, which gave the control of the board. This power was eagerly exercised during this winter. An experienced conservative president and board were turned out by the legislature, and a president and board elected who stood pledged before their election, to receive the paper of the Bank of the Commonwealth, in payment of the debts due the Bank of Kentucky. This was no doubt intended to buoy up their darling bank, and sustain the credit of its paper. But the effect was instantly to strike down the value of the stock of the Bank of Kentucky to one half its nominal value, and to entail upon it an eternal suspension of specie payments.

The paper of the new bank sunk rapidly to one half its nomi- nal value, and the creditor had his choice of two evils. One was to receive one half his debt in payment of the whole, and the other was to receive nothing at all for two years, and at the end of that time, to do the best he could,-running the risk of new delays at the end of that time, and of the bankruptcy of his securities. Great was the indignation of the creditor, at this wholesale confiscation of his property, and society rapidly ar- ranged itself into two parties, called relief and anti-relief. With the first party, were the great mass of debtors, and some brilliant members of the bar, such as John Rowan, William T. Barry and

Solomon P. Sharp. A great majority of the voting population swelled its ranks, and it was countenanced by the governor, and furnished with plausible arguments by the eminent lawyers al- ready named, to whom may be added the name of Bibb. With the anti-relief party, were ranged nearly all the mercantile class, a vast majority of the bar and bench, and a great majority of the better class of farmers. The mass of property and intelligence, was drawn up in array, against the mass of numbers, and an angry conflict commenced in the newspapers, upon the stump, in the taverns and highways, which gradually invaded the most pri- vate and domestic circles. Robert Wickliffe, of Fayette, George Robertson, since chief justice of Kentucky, then an eminent lawyer of Garrard, and Chilton Allan, an eminent lawyer of Clark, were early engaged in the conflict, and were regarded as leaders of the anti-relief party.

The question of the power of the legislature to pass the act, was raised at an early day, and was quickly brought before the circuit courts. Judge Clark, of Clark county, boldly decided the act unconstitutional, in the first case which came before him, and brought upon himself a tempest of indignation, which

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thoroughly tested the firmness of his character. He was sum- moned to appear before a called session of the legislature, which was convened in the spring of 1822, and violent efforts were made to intimidate, or remove him by address. The gallant judge de- fended his opinion with calm reason, and invincible firmness, and partly from a want of a constitutional majority, partly per- haps from the suggestion, that the legislature should await the decision of the supreme court of Kentucky upon the subject, the legislative storm blew over, leaving the judge as it found him. He adhered steadily to his decision, and was quickly supported by Judge Blair of Fayette, in an opinion replete with learning, temper and eloquence. Great was the indignation of the party at this refractory spirit displayed by the inferior judiciary.

But all awaited the decision of the supreme court. That high tribunal was then occupied by John Boyle, chief justice, and Wil- liam Owsley and Benjamin Mills, associate judges. These gen- tlemen had passed the meridian of life, and had been drilled for a long series of years, to the. patient and abstract severity of judicial investigation. In simplicity and purity of character, in profound legal knowledge, and in Roman-like firmness of pur- pose, the old court of appeals of Kentucky have seldom been sur- passed. The question came directly before them in the case of Lapsley vs. Brashear, at the fall term 1823, and their decision was awaited, with intense anxiety by all parties. Terrible de- nunciations of popular vengeance in advance, if they dared to thwart the will of a vast majority of the people, were intended to warp their judgments or operate upon their fears. They had maintained an unbroken silence until called upon to act, but when the case came directly before them, the judges delivered their opinion, seriatim, and at length, and calmly concurred with their brethren of the circuit court, that the act of the legislature was in violation of the constitution of the United States, and totally void. The clause of the constitution with which the act conflicted, was that which prohibited the states from passing any law impairing the obligation of contracts. In the article on the court of appeals, in the following pages, a concise summary of the reasoning of the court is given.

The opinion created an immense sensation in the State, and the conflict of parties was renewed with redoubled fury. Clark and Blair were completely forgotten, and the great popular party of Kentucky, prepared to sweep from their path, and make an example to future ages of the three calm and recluse students, who had dared to set up reason against rage, and the majesty of truth and law, against the popular will. The great majority, had been accustomed to make and to unmake, to set up and to pull down at its sovereign will and pleasure. Presidents, governor, senators, representatives, had long been the creatures of its power, and the flatterers of its caprice. James the first had not a more exalted notion of his divine prerogative than the great majority had of its undoubted right to govern. The power of the

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judiciary had heretofore been so unobtrusive, that its vast extent and importance had escaped attention, and the masses were startled to find that three plain citizens, could permanently ar- rest the action, and thwart the wishes of that majority, before which presidents, governors and congresses, bowed with implicit submission. Many good honest citizens looked upon it, as mon- strous, unnatural, unheard of in a republican government. It shocked all the notions of liberty and democracy which had grown with their growth, and violently wounded that sense of importance allied to arrogance, which always attends a long exer- cise of unresisted power.

The judiciary, by the constitution, held their offices during good behavior. Nothing less than two-thirds of both houses could remove them. Could they hope to obtain this majority? The canvass of 1824, was conducted with the hope of obtaining this result. General Joseph Desha was the candidate of the relief party for the office of governor, and canvassed the state with that energy and partizan vehemence, for which he was remark- able. He was elected by an overwhelming majority .. A vast majority of both houses were of the relief party. The governor and the legislature met in December, with passions heated by the fierce canvass through which they had passed, and the unspar- ing wounds which they had received from their enemies. The sword was fairly drawn, and the scabbard had been thrown away by both parties. So exasperated were the passions, that the mi- nority was as little disposed to ask quarter, as the majority was to give it. The three judges were summoned before the legisla- tive bar, and calmly assigned reasons at length, for their deci- sion. These reasons were replied to, with great speciousness and subtlety ; for the great talents of Rowan, Bibb and Barry, were at the command of the relief party, and their manifestos were skillfully drawn. A vote was at length taken, and the constitu- tional majority of two-thirds could not be obtained. The mi- nority exulted in the victory of the judges.

But their adversaries were too much inflamed to be diverted from their purpose, by ordinary impediments. The edict of " Delenda est Carthago," had gone forth, and the party rapidly recovering from their first defeat, renewed the assault in a formi- dable direction, which had not been foreseen, and when success was clearly within their reach. The majority could not remove the judges by impeachment or address, because their majority although large, was not two-thirds of each house. But they could repeal the act by which the court of appeals had been or- ganized, and could pass an act organizing the court anew. The judges would follow the court as in the case of the district court and court of quarter sessions, and a bare majority would suffice to pass this act. A bill to this effect was drawn up, and debated with intense excitement, during three days, and three protracted night sessions. Wickliffe, denounced the party, with fierce and passionate invective, as trampling upon the constitution, deli-

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berately, knowingly and wickedly. Rowan replied with cold and stately subtlety, perplexing when he could not convince, and sedu- lously confounding the present act, with the repeal of the dis- trict court and with the action of Congress, in repealing the federal circuit court system, and displacing its judges by a bare majority. On the last night, the debate was protracted until past midnight. The galleries were crowded with spectators as strongly excited as the members. The governor and lieutenant governor M'Afee were present upon the floor, and mingled with the members. Both displayed intense excitement, and the gov- ernor was heard to urge the calling of the previous question. Great disorder prevailed, and an occasional clap and hiss, was heard in the galleries. The bill was passed by a large majority in the house of representatives, and by a nearly equal majority in the senate.

No time was lost in organizing the new court, which consisted of four judges. William T. Barry was chief justice, and John Trimble, James Haggin and Rezin H. Davidge, were associate justices. Francis P. Blair was appointed clerk, and took forci- ble possession of the records of Achilles Sneed, the old clerk. The old court in the meantime, denied the constitutionality of the act, and still continued to sit as a court of appeals, and de- cide such causes as were brought before them. A great majority of the bar of Kentucky recognized them as the true court, and brought their causes by appeal before their tribunal. A great majority of the circuit judges, obeyed their mandates, as impli- citly as if no reorganizing act had passed. A certain propor- tion of cases, however, were taken up to the new court, and some of the circuit judges obeyed their mandates exclusively, refusing to recognize the old court. A few judges obeyed both, declining to decide which was the true court.

This judicial anarchy could not possibly endure. The people as the final arbiter was again appealed to by both parties, and the names of relief and anti-relief became merged in the title of old court and new court. Great activity was exerted in the can- vass of 1825, and never were the passions of the people more violently excited. The result was the triumph of the old court party by a large majority in the popular branch of the legisla- ture, while the senate still remained attached to the new court; the new popular impulse not having had time to remould it.

In consequence of this difference between the political com- plexion of the two houses, the reorganizing act still remained unrepealed, and the canvass of 1826, saw both parties again ar- rayed in a final struggle for the command of the senate. The old court party again triumphed, and at the ensuing session of the legislature the obnoxious act was repealed, the opinion of the governor to the contrary notwithstanding, and the three old judges re-established, de facto as well as de jure. Their salaries were voted to them, during the period of their forcible and ille- gal removal, and all the acts of the new court have ever been

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treated as a nullity. This is one of the most signal triumphs of law and order over the fleeting passions, which for a time over- come the reason of the most sober people, which is recorded in the annals of a free people. It is honorable to the good sense of the people of Kentucky, and strikingly displays their inherent at- tachment to sober and rational liberty.

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Collins historical sketches of Kentucky. History of Kentucky: Vol. I, Part 67

Author: Collins, Lewis, 1797-1870. cn; Collins, Richard H., 1824-1889. cn Publication date: 1874 Publisher: Covington, Ky., Collins & Co. Number of Pages: 1452

Author: Collins, Lewis, 1797-1870. cn; Collins, Richard H., 1824-1889. cn
Publication date: 1874
Publisher: Covington, Ky., Collins & Co.
Number of Pages: 1452