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 12
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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 repeai the act by which the court of appeals had been or- ghmized, 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 sutlice to pass this act. A bill to this effect was drawn up, and debated with intense excitement, during three days, and three protracted might sessions. Wickliffe, denounced the party, with fierce and passionate invective; as trampling upon the constitution, deli-
S.
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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'Afec 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 questions 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 Reginald 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 1526, 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.
The new court party acquiesced in the decision of the people, and abandoning state politics, they strove to forget their defeat in a new issue of a national character, in which the state became as deeply excited in the year 1827, as it had been in its domestic policy. Adams had been elected president in 1824, by the vote of' Mr. Clay, and by his influence in the house of representatives over the delegates from Kentucky and Missouri. Jackson had been his strongest competitor, and was personally more popular in the west than Adams. Mr. Clay received the appointment of secretary of state from Adams, and of course became identificd with his administration. The ancient dislike to New England, was still strong in Kentucky, and the new court party in mass threw themselves into the opposition to Adams' administration, and boldly denounced Mr. Clay as an apostate from the ancient republican party, although Mr. Adams for nearly twenty years had been a member of that party, and had formed a distinguished part of president Monroe's administration.
The great mass of the old court party, warmly and passion- ately sustained Clay in his vote, and adhered to the administra- tion of which he formed the life and soul. The old issues in 1527 were completely forgotten, and national politics were dis- cussed with an ardor unknown in Kentucky since the war fever of 1812. It quickly became obvious that in this new issue, the old court party were losing their preponderance in the state. The unpopular name of Adams told heavily against them, and the sword of Jackson and the glory of New Orleans, were thrown into the scale.
Both parties prepared for the great contest of 1828 in Ken- tucky, with intense interest. Their gubernatorial election came off in August, and the old court party, which had now assumed the name of "National Republican," selected General Thomas Metcalfe as their candidate for governor, while the opposite party adopted the popular name of " Democratic Republicans," selectet WWham T. Barry, the late chief justice of the new court, as their candidate. Metcalfe had commenced life as a stone mason, and by the energy of his character, had risen to honor and distinction. !!! had been a representative in congress for nearly ten year-, wil was possessed of great personal popularity. After an active canvass Metcalfe was elected by a small majority, but the oppo- site party carried their lieutenant governor and a majority of the legislature, and it was obvious that they had a majority of the votes in their ranks.
At the November election Jackson carried the state by a majority of eight thousand, and Adams was beaten in the United
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States by an overwhelming vote. Although Clay was not directly involved in this issue, yet the weight of the popular verdict fell heavily upon him. The party that had supported Adams in the United States instantly rallied upon Clay, and organized for another struggle in 1832, against Jackson, who would certainly be a candidate for re-election. With Clay directly before the people, the "National Republican" party in Kentucky, felt confident of regaining their ascendency in the State. His brilliant eloquence, his courage, his energy of character, his indomitable spirit, made him a fit competitor for Jackson, who possessed some of the same qualities in an equal degree. During the conflicts of 1829 and 1830. the Jackson supremacy was maintained in the legisla- ture, and in the delegates to Congress, but in the fall of 1831, the "Clay party" as it was called by many, obtained a majority in the legislature, and this was strikingly made manifest to the Union by the election of Clay to the senate of the United States. A majority of the congressional delegation, however, were still of the "Democratic" or Jackson party, and it was uncertain which party had obtained a majority of the popular vote.
The great contest of 1832 came on. Jackson and Clay were competitors for the presidency, and Kentucky had to choose a successor to Metcalfe in the gubernatorial chair. Judge Buckner was the candidate selected by the "Nationals," and Breathitt by the "Democrats" or Jackson party. Great efforts were made by both parties, and Breathitt was elected by more than one thousand votes. Immense rejoicings upon one side, and bitter mortifica- tion upon the other, were occasioned by this result. But the "Nationals" instantly called a convention, which was nume- rously attended, and organized for a decisive struggle in No- vember, with a spirit exasperated, but not cowed by their recent defeat. The "Democrats" or "Jackson party" also held a con- vention, and it became obvious that the preliminary trial of strength in August, was only a prelude to the decisive conflict which was to come off in November. The intervening months were marked by prodigious activity on both sides, and the excite- ment became so engrossing, that all ages and both sexes, were drawn into the vortex. The result was a signal and overwhelm- ing triumph of the "National Republicans." The popular ma- jority exceeded seven thousand, and the party which then triumphed has held uninterrupted possession of political power in the State ever since. But although the triumph of Clay was signal in Kentucky, he was totally defeated by Jackson in the general election, and that popular chieftain was re-elected by a great majority.
National politics have almost entirely engrossed the attention of Kentucky since the termination of the great relief struggle. Her domestic history since 1827, is so closely interwoven with that of the general government, that it would be impossible to give a satisfactory view of the subjects which engrossed the at- tention of the people, without entering into details forbidden by
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the plan of an outline sketch like the present. A few events belonging exclusively to her domestic history may be briefly noticed.
The fate of the Commonwealth's Bank, and the replevin laws connected with it, was sealed by the triumph of the old court party. The latter were repealed, and the former was gradually extinguished by successive acts of the legislature, which directed that its paper should be gradually burned, instead of being re- issued. In a very few years its paper disappeared from circula- tion, and was replaced by the paper of the United States' Bank; of which two branches had been established in Kentucky, the one at Lexington and the other at Louisville. It was the policy of the great Jackson party of the United States to destroy this institution entirely, and the re-election of Jackson in 1832, sealed its doom. It became obvious to all that its charter would not be renewed, and the favorite policy of that party was to establish state banks throughout the Union, to supply its place.
As soon as it became obvious that the charter of the bank of the United States would not be renewed, the legislature of Ken- tucky, at its sessions of 1833 and 1834, established the Bank of Kentucky, the Northern Bank of Kentucky, and the Bank of Louisville, the first with a capital of $5,000,000, the second with a capital of $3,000,000, the third with a capital of $5,000,000. The result of this simultaneous and enormous multiplication of state banks throughout the United States, consequent upon the fall of the National Bank, was vastly to increase the quantity of paper money afloat, and to stimulate the wildest spirit of specu- lation. The nominal prices of all commodities rose with por- tentous rapidity, and states, cities and individuals, embarked heedlessly and with feverish ardor in schemes of internal im- provement, and private speculation, upon the most gigantic scale. During the years of 1835 and 1836, the history of one State is the history of all. All rushed into the market to borrow money, and eagerly projected plans of railroads, canals, slack-water navi- gation and turnpike roads, far beyond the demands of commerce, and in general without making any solid provision for the pay- ment of the accruing interest, or reimbursement of the principal. This fabric was too baseless and unreal to endure.
In the spring of 1837, all the banks of Kentucky and of the Union suspended specie payments. Kentucky was then in the midst of a scheme of internal improvement, upon which she was spending about $1,000,000 annually, embracing the construction of turnpike roads and the improvement of her rivers, and she was eagerly discussing railroad projects upon a princely scale. Her citizens were generally involved in private speculations, based upon the idea that the present buoyant prices would be perma- nent, and both public and private credit had been strained to the utmost.
In this state of things the legislature.of 1837 met, and legal- ized the suspension of the banks, refusing to compel them to
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resume specie payments, and refusing to exact the forfeiture of their charters. A general effort was made by banks, govern- ment and individuals, to relax the pressure of the crisis, as much as possible, and great forbearance and moderation was exercised by all parties. The effect was to mitigate the present pressure, to delay the day of reckoning, but not to remove the evil. Specie disappeared from circulation entirely, and the smaller coin was replaced by paper tickets, issued by cities, towns and individuals, having a local currency, but worthless beyond the range of their immediate neighborhood. The banks in the meantime were con- ducted with prudence and ability. They forbore to press their debtors severely, but cautiously and gradually lessened their cir- culation and increased their specie, until after a suspension of rather more than one year, they ventured to resume specie pay- ment. This resumption was general throughout the United States, and business and speculation again became buoyant. The latter part of 1838 and nearly the whole of 1839, witnessed an activity in business, and a fleeting prosperity, which some- what resembled the feverish ardor of 1835 and 1836. But the fatal disease still lurked in the system, and it was the hectic flush of an uncured malady, not the ruddy glow of health, which deluded the eye of the observer.
In the autumn of 1839, there was a second general suspension of specie payments, with the exception of a few eastern banks. It became obvious that the mass of debt could not much longer be staved off. Bankruptcies multiplied in every direction. All public improvements were suspended; many states were unable to pay the interest of their respective debts, and Kentucky was compelled to add fifty per cent. to her direct tax, or forfeit her in- tegrity. In the latter part of 1841, and in the year 1842, the tem- pest so long suspended, burst in full force over Kentucky. The dockets of her courts groaned under the enormous load of law- suits, and the most frightful sacrifices of property were incurred by forced sales under execution. All at once the long forgotten cry of relief again arose from thousands of harassed voters, and a new project of a Bank of the Commonwealth, like the old one, was agitated, with a blind and fierce ardor, which mocked at the lessons of experience, and sought present relief at any expense.
This revival of the ancient relief party, assumed a formidable appearance in the elections of Iste, but was encountered in the legislature with equal skill and firmness. The specific measures of the relief party were rejected, but liberal concessions were made to them in other forms, which proved satisfactory to the more rational members, and warded off the fury of the tempest which at first threatened the most mischievous results. The middle term of the circuit courts was abolished. The magis- trates were compelled to bold four terms annually, and forbidden to give judgment save at their regular terms. The existing banks were required to issue more paper, and give certain accommoda- tions for a longer time and a regular apportionment. These con-
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wwwions proved satisfactory, and at the expense of vast suffer- ing, during the years 1843 and 1844, society gradually assumed a more settled and prosperous state.
In order to preserve a record of the succession of chief magis- trates, we may observe that judge James Clark, was elected gov- ernor in 1836, Robert P. Letcher in 1810, and judge William Owsley in 1844. The first will be recollected as the circuit judge who first had the hardihood to pronounce the relief law uncon- stitutional. The last was a member of the old court of appeals. Their successive election to the first office within the gift of the prople, was a late and well merited reward for the signal ser- vices which they had rendered their country, at a period when all the conservative features of the constitution, were tottering beneath the fury of a revolutionary tempest. Governor Letcher had long occupied a seat in congress, and had inflexibly opposed the great Jackson party of the Union in its imperious sway.
General Harrison was before the people as a presidential can- didate, during the years 1836 and 1840, when both Clark and Letcher were elected, and was warmly supported by that party in Kentucky, which successively bore the name of " Anti-relief."' "Old Court," " National Republican" and "Whig." When Ows- ley was a candidate in 1844, Clay was again before the people as a candidate for the presidential chair, and was opposed by James K. Polk, of Tennessee, a member of the old Jackson party, which had assumed the popular title of - Democratie Repubit- can." Clay was supported as usual in Kentucky, with intense and engrossing ardor, and obtained its electoral vote by a ma- jority exceeding nine thousand. He was supported by the whig party of the Union, with a warmth of personal devotion, which has seldom been witnessed, and was never surpassed in the annals of popular government. Parties were so equally balanced, that the result was in doubt to the last moment, and was finally decided by the state of New York, which out of nearly 500,000 votes cast, gave Polk a plurality over Clay of less than 6000.
The great national issue involved in this election, was the an- nevation of Texas to the United States. Polk was the champion of the party in favor of annexation, and Clay opposed it as tend- ing to involve the country in foreign war and internal discord. l'ins tendency was vehemently denied by the adversaries of Cas. and annexation was accomplished by the election of Polk. Ferien war has already followed in the train, and internal dis- cord -coins slowly upheaving its dismal front, among the States of the confederacy.
With the year 1844, we close this sketch. The war with Mira which grew out of the policy then adopted, is still mong, and the spirit of indefinite territorial aggrandizement which then triumphed, has not yet developed its consequences. A brief record of the past is here presented. The darkening 7
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shadows of coming events, present a dim and troubled prospect, which we leave to the pencil of the future historian.
In the foregoing " Outline History," reference has necessarily been made and considerable space devoted to the political trans- actions that occurred in Kentucky previously to her admission into the Union as an independent State. That there were at that time two rival parties for popular favor, is obvious from what has been already written ; and that their rivalship was char- acterized by great and bitter personal animosity, is no less true. Angry and fierce contests, and crimination and recrimination marked the period, and the temper of the times can be clearly discerned from the nature of the charges brought on one side, and the manner in which they were repelled by the other. Mr. McCLUNG, the writer of the Outline History, has given a summary of the facts, as stated by the two historians, Mr. Marshall and Mr. Butler, as he understands them, but declines to draw any conclusion. from them-leaving that to the reader's judgment. The principal allegation against the Honorable JOHN BROWN, then a conspicuous member of Congress, and three times subsequently thereto elected a senator in Congress from the State of Kentucky, is, that in a letter to Judge Muter, he communicated the substance of an interview between himself and Gardoqui in confidence, and that he afterwards in a convention held at Danville, maintained an ominous silence on the same subject. This seeming secrecy and reserve were held to be evidences of a criminal purpose, and as such are commented upon with great acrimony by the first named historian.
Since the preparation of the outline history, and after it had passed through the hands of the stereotypist, attention has been called to the following letter from Mr. Madison, which discloses the fact that so far from its being the wish of Mr. Brown to con- ceal the interview with Gardoqui, or invest it with mystery, he communicated it at the time to Mr. Madison himself, then a mem- her of Congress from Virginia, and known to be one of the pro- foundest statesmen and purest patriots in the country ; and that whatever of reserve may have appeared in his communications or manner to others, was in accordance with the advice of Mr. Madison himself. It is due to the truth of history that the letter ! of Mr. Madison should be inserted here. In the opinion of the author of this work. it is a triumphant vindication of the motive- of Mr. Brown, and he believes it will be generally so considered.
Copy of a letter from James Madison, ex-president of the Uni- ted States, to Mann Butler, Esq., (as published in Appendix to second edition of Butler's History of Kentucky, page 515.) *
" MONTPELIER. October 11. 1531.
" DEAR SIR : I have received your letter of the east ult., in which you wish to obtain my recollection of what passed between Mr. Brown and me in 17-9 00 the overtures of Gardoqui, . that if the people of Kentucky would erect them-
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selves into an Independent State, and appoint a proper person to negotiate with him, he had authority for that purpose. and would enter into an arrangement with them for the exportation of their produce to New Orleans.'
" My recollection, with which reference to my manuscript papers accord, leaves no doubt that the overture was communicated to me by Mr. Brown. Nor can I doubt that, as stated by him, I expressed the opinion and apprehension that a knowl- edge of it in Kentucky, might, in the excitement there, be mischievously employed. This view of the subject evidently resulted from the natural and known impa- tience of the people on the waters of the Mississippi, for a market for the pro- ducts of their exuberant soil ; from the distrust of the Federal policy, produced by the project for surrendering the use of that river for a term of years ; and from a coincidence of the overture in point of time, with the plan on foot for consoli- dating the Union by arming it with new powers, an object, to embarrass and defeat which, the dismembering aims of Spain would not fail to make the most tempting sacrifices, and to spare no intrigues.
"I owe it to Mr. Brown, with whom I was in intimate friendship when we were associated in public life. to observe, that I always regarded him, whilst steadily attentive to the interests of his constituents, as duly impressed with the importance of the Union, and anxious for its prosperity. I pray you to accept with my respects, my cordial salutations.
Signed "JAMES MADISON."
" MANN BUTLER, Esq."
WESTERN HONTER.
02/
SKETCH
OF THE
COURT OF APPEALS.
THE Constitution of Kentucky-like that of the United States, and those, also. of all the States of the Anglo-American Union-distributes among three depart- ments of organic sovereignty, all the political powers which it recognises and establishes. And to effectuate, in practice, the theoretic equilibrium and security contemplated by this fundamental partition of civil authority, it not only declares that the Legislature shall exercise no other power than such as may be legisla- tive-the Judiciary no other than that which is judicial-nor the Executive any other than such as shall be executive in its nature; hut it also, to a conservative exten .. secures the relative independence of each of these depositaries of power. If courts were permitted to legislate, or the legislature were suffered not only to prescribe the rule of right, but to decide on the constitutional validity of its own acts, or adjudicate on private rights, no citizen could enjoy political security wirminst the ignorance, the passions or the tyranny of a dominant party : And if jutures were dependent for their offices on the will of a mere legislative majority, their timidity and subservience might often add judicial sanction to unconstitu- tional enactments, and thereby, instead of guarding the constitution as honest and farless sentinels, they would help the popular majority to become supreme. and to rule capriciously, in defiance of all the fundamental prohibitions and guaranties of the people's organic law. As the legislature derives its being and anthority from the constitution, which is necessarily supreme and inviolable, no legislative act prohibited by any of its provisions, can be low ; and, consequently, as it is the province of the judiciary, acting as the organ of the judicial function of popular " vereignty, to declare and administer the law in every judicial case, it must be the duty, as well as privilege, of every court to disregard every legislative viola- ton of the constitution. as a nullity, and thus maintain the practical supremacy and inviolability of the fundamental law. But the will to do so, whenever proper. is is necessary as the power; and, therefore, the constitution of Kentucky pro- sales that the judges of the Court of Appeals. and also of inferior cours, smilbe eastled to hold their offices during good behavior; and, moreover. provides this er jitfre shall be subject to removal otherwise than by impeachment, on the trial of which there can be no conviction, without the concurrence of two-thirds of the Senate -- or by the address of both branches of the legislature, two-thirds of each brinch conearring therein.
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