USA > Kentucky > Historical sketches of Kentucky : embracing its history, antiquities, and natural curiosities, geographical, statistical, and geological descriptions with anecdotes of pioneer life, and more than one hundred biographical sketches of distinguished pioneers, soldiers, statesmen, jurists, lawyers, divines, etc. > Part 11
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In the meantime a division of Kentucky militia, commanded by General Thomas, more than 2000 strong, arrived in camp, and two additional regiments of Louisiana militia arrived. The Ken- tucky troops could at first. only muster five hundred muskets, and the Louisiana reinforcements were miserably armed. But the men were hardy and brave, and immense exertions were made to arm them, which were partially successful. Even on the day of battle, however, there were six hundred men under Jackson ready and anxious to fight, who could not procure a musket, to defend their country. Never was there a more strik- ing contrast between the activity, energy, and inexhaustible re- sources of a general, and the imbecility of a government.
Having now allowed his enemy time to receive all bis rein- forcements, to entrench himself behind formidable works. to manufacture and repair arms for his naked troops,-having first directed his enemy's attention to the vulnerable point in his line of defence, by a weak demonstration, and then given him ten days to strengthen it, Packenham at last determined to attack. Having now fifty boats at command, one would suppose that he would prefer advancing by the right bank, which was unfortified, rather than by the left, which bristled with entrenchments. Both would lead to within reach of the city, and by the former rout, he would turn those terrible lines, before which he had halted seventeen days, and render all Jackson's labor useless. With his ample corps of sappers and miners, he might have bridget the Mississippi. in the time employed in deepening the canal. Even after the boats arrived, twenty-four hours would have trans- ported his whole force to the opposite shore. He determined, however. to make a demonstration with only 1400 on the right bank, and with the residue of his force, to assail the terrible lines in front. Orders were given to that effect, on the evening of the 7th. Colonel Thornton was to cross the river with 1400 men at midnight. and assail General Morgan, who commanded on the right bank, at day light. At the same time the main body, in three columns, on the left bank, was to assail Jackson's line. Pack - enham would lead the centre column in person. Lieutenant
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Colonel Rennie the left column, which was to assault the line upon the river ; and Lieutenant Colonel Jones, the right column, which was destined to turn the left of the line through the swamp, and attack the rear of the centre.
The preparation in the American lines, was of the most for- midable kind. The right of the line resting on the river, was strengthened by an advanced redoubt, and that whole quarter was defended by the Louisiana militia and the regulars. Car- roll's Tennessee brigade and about 1100 Kentucky militia, formed the centre; and Coffee's brigade of Tennesseeans guarded the left flank, extending far into the swamp. General Thomas being sick, General Adair commanded the Kentuckians, who formed a corps de reserve, and were directed to march to the assailed point, and strengthen the line there. It was well understood that an attack would be made on the morning of the 8th, and the Ken- tucky troops were marched to the lines before day, and halted about fifty yards in rear of the centre, until the grand point of attack should be disclosed. It was intended that the line should have a depth of ten files at the point of attack, so that the stream of fire should be incessant. The front rank alone would fire, as fast as the nine ranks behind could pass forward their loaded muskets, receiving those discharged. in their places. When the point of attack had been clearly disclosed, the Ken- tucky troops were ordered to close up, with Carroll's brigade of Tennesseeans, upon whom it was evident, the storm was about to burst.
Two rockets thrown into the air were the signals to move for- ward, and the three columns, the veterans of six glorious cam- paigns, covered with renown as with a garment, and hitherto victorious in every field, rushed against an earthern breastwork, defended by men who had hurried from the plough and the work- shop, to meet the invaders of their country. The fog lay thick and heavy upon the ground, but the measured step of the centre column was heard long before it became visible, and the artil- lery opened upon them, directed by the sound of the mighty host, which bore forward as one man to the assault. At the first burst of artillery, the fog slowly lifted, and disclosed the centre column advancing in deep silence, but with a swift and steady pace.
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 insketry 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- comtited, 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- Lam's division was repulsed. The battle was over upon the leit 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 Mood stained field. Horrid piles of carcasses marked the rout of the centre cohunn, 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 sth, 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 11,000, 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 ille, 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 6993 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 fitth 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 inte- 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 bad 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 shown 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 1-16, 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 Bentenant 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 ahrays imposes, upon any gross viola- tion of her lairs.
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. Ita business was to pour out paper in profusion, in order to make
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monry 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. Sharpe. 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 Robertzon, since chief justice of Kentucky, then an eminent lawyer of Garrard, and Chilton Allen, 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 Clarke, of Clarke 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 calin 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 datterers 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 slallfully 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.
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