USA > Kentucky > History of Kentucky, Volume II > Part 3
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The canvass was soon on for the election which was to take place in August, 1816. Gubernatorial elections as a rule had not been hard fought ; opinion generally crystallized around some outstanding figure who soon overshadowed opponents to such an extent that they either withdrew or ran a poor race in the election. In the latter part of 1815. two candidates appeared-Major George Madison and Lieut .- Col. James Johnson. They were, both, men of military reputation, which was eminently fitting and in keeping with the spirit of their electorate. At this time it would have been sheer madness for a man without a military record to have stood as a candidate. Madison had been closely identified with every war his state and nation had ever been engaged in. Although under age, he had fought in the Revolution; in the Indian wars of the Northwest, he was conspicuous for bravery ; and in the War of 1812, he had fought with courage being captured at the battle of the River Raisin. Colonel Johnson was a much younger man; but in the late war, he had upheld the name of his state, having engaged in the battle of the Thames. A news account said both were "gentlemen of fine talents and high minds, ardently devoted to the republic." "It is unfortunate," it added, "that two men so highly esteemed by the partiots of that state should be opposed. We wish that both might be honored as they deserve." 9 But the superior age and military experience of Madison was destined easily to control the situation. Public opinion soon set in so strongly for him that Johnson retired early in the race, declaring that it would be futile to run against a man so universally popular. In the election in August, 1816, Madison was, therefore, elected unanimously. For lieutenant governor, there was less unanimity of opinion. Three men were voted for, Gabriel Slaughter, R. Hickman, and James Garrard, the
7 Niles' Register, Vol. 9, pp. 318, 319.
8 Ibid., Vol. 10, p. 128.
ยบ Niles' Register, Vol. 9, p. 151.
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first named received over 7,000 majority over the other two combined in a total vote of about 46,000.10
On October 14, 1816, Madison died and on the 21st was succeeded in office by Lieutenant-Governor Slaughter. Charles S. Todd who had been appointed secretary of state by Governor Madison immediately on the death of his chief, entered into a correspondence with the new governor concerning that office. He felt that as the secretary of state was inti- mately associated with the governor the latter should have no one filling that office who was not in perfect sympathy with and acceptable to him. Realizing that the situation had a certain element of delicacy in it, Todd on October 19th wrote Slaughter that if he wanted to make a different appointment to the office of secretary of state, "I pray you to consider me as offering no obstruction to the execution of such an intention, if you should wish to carry it into effect." Todd did not wish to appear in the light of handing in a resignation; for he desired to keep the office -his only wish was to relieve Slaughter from embarrassment, if he wanted to make a change. He was careful, therefore, not to word his letter in such a way as to be considered a resignation or conveying the desire to resign. He said, "at the same time I wish to be distinctly under- stood as having no objection to co-operate with your excellency in that office, in the advancement of the interests of our common country, should it be your pleasure that I should retain it." Two days later Slaughter replied saying, "Your note of the 19th instant, tendering your resignation of the appointment of Secretary of State is before me;" and in a very polite and obliging manner accepted it.11 This was a surprise and a disappointment to Todd and his friends. But there was occasion for more surprise and wider spread, when Slaughter announced he had appointed John Pope to the vacancy.
Pope had not been in good standing with the dominant element in the state since the days when he had stirred up such bitter opposition in advo- cating the United States Bank and voting against the declaration of war against Great Britain. Since then he had won few political friends; but on the contrary had made many enemies. He had been gradually assum- ing the leadership of that element opposed to Henry Clay, and had very recently been defeated for Congress by Clay. It was, therefore, rather dangerous politics to play in the appointment of Pope. An opponent of Pope addressed an open letter to the governor in which he said, "You have commenced your career by giving it the stamp and mark of federal- ism." He declared Slaughter had thwarted the voice of the people and that in the person of both him and Pope the minority had been enthroned in the government. "No matter in what manner the subject strikes my mind," he said, "it becomes the most mortifying circumstance that has transpired since the formation of our state government." He declared that Pope was in fact a federalist, and the whole administration must be held as approaching the same limit on the points in which it had registered so far. Had the federalists won the election, no one should have a right to complain-but to be robbed of a victory in such a manner was not to be tolerated.12
Soon after this Governor Slaughter made another move that added to his unpopularity. Supposedly on the advice and at the instigation of Benjamin Hardin, he appointed Gen. M. D. Hardin to fill out the un- expired term of William T. Barry in the United States Senate made vacant by his resignation. This appointment was to hold only until the Legislature should meet in December, when according to law it should
10 The vote was as follows: Slaughter, 26,888; Hickman, 11,733; and Garrard, 7,723. Niles' Register, Vol. 10, p. 431 ; Vol. 11, P. 31.
11 Kentucky Gazette, August 9, 1817; Ibid, October 28, 1816.
12 Kentucky Gazette, November 8, 1816.
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elect a successor. As Hardin was held by many Kentuckians to be a federalist, Slaughter was bitterly denounced for this fresh evidence of his detested federalism. Despite the fact that Hardin was later elected by the Legislature for the remainder of Barry's term, Slaughter was still denounced as in fact responsible.13
Thus when the Legislature met in December, 1816, many of the people were in no happy frame of mind nor in a mood to receive the governor with equanimity. His message to the Legislature should have dispelled the opposition and built up for him a host of sturdy followers ; for it was a remarkable document. With a becoming humility and regard for others views it suggested a constructive program for the state. He advocated internal improvements, the proper training of the militia, and other defence measures for the state ; but most commendable and remark- able of all was his bold stand for the education of the citizenship of the state. "Knowledge and virtue," he said, "are every where the surest basis of public happiness; the strongest barriers against oppression; a powerful check to mal-administration, by rendering it necessary for those in power to secure not the blind, but the enlightened confidence of the people." He announced the state's responsibility in this matter: "Every child born in the state should be considered a child of the republic, and educated at the public expence, where the parents are unable to do it." He also counselled stern political morality and honesty.
He paid a tribute to his lamented predecessor, "first in the confidence and affections of the people." "He was a true patriot ; a brave and gen- erous soldier, and blessed with every noble and amiable quality which can adorn the human character. In his death the state has sustained an irreparable loss, which, in common with my fellow citizens, I sincerely lament." Mindful of the opposition that had already grown up against him, he stated that he felt "unequal to the high and important duties of chief magistrate of this commonwealth" and that he "would most cheer- fully have declined the post which the constitution has assigned me, had this deplorable visitation of Providence and the partiality of my country- men left me this alternative; But duty commands me to meet the respon- sibility thus devolved; from which relying on support from a kind Provi- dence, I could not, I will not shrink." He answered the criticisms that had been levelled against him not in kind but with consideration and respect : "I commence my executive duties fully persuaded that I shall frequently err from want of information and defect of judgment; and that my conduct, when correct, will be often censured from prejudice and mistake. To you, however, and my constituents, who have given me so many proofs of their confidence and affection, I pledge myself fairly and faithfully to administer the Government according to the re- publican spirit and principles of our free constitution. I will do every- thing in my power to satisfy those who have bestowed on nie their suffrages; by a fair and just course to reconcile others, and to advance the freedom and happiness of all."
He sought in this message to build up a sentiment against violent party spirit or partizanship. He had been attacked as a federalist, and a minority office-holder. He hoped to silence this outcry by honesty of purpose and efficiency in office. He promised to "discourage party spirit, which so often generates dangerous and corrupt factions, destroys social happiness, distracts the public councils, and deprives the people of the united efforts of the wise and good to promote the public welfare. Party spirit, although sometimes unavoidable, is at all times unpleasant, and often mischievous. Parties too often lose sight of the causes and principles which gave them birth; organize factions, who frequently sub- stitute their will for the will of the people, and by an artful and active
13 Kentucky Gazette, November 18, 1816.
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course contrive to give tone to public opinion and public affairs." He sought to answer his critics and at the same time score a point for the public good, by imitating Washington in calling for union of efforts in- stead of party division. He would be the governor of no party, but of all the people; and he hoped to unite the state behind him. "From long observation and experience, I have been led to conclude that true and practical republicanism under our government, consists in an honest and faithful discharge of duty according to the spirit and principles of the constitution; and that although factions may unhappily divide and dis- tress a country, a chief magistrate ought to pursue the union of his fellow citizens, and the good of the state independently of all parties. Be- lieving that under government based on the moral feelings and moral power of the people, a just and impartial administration will insure the best and most firm support, I must rest my claim to public approbation, on the integrity of my course, and the good sense and justice of my fellow citizens. Animated by these views, I do in the sincerity of my heart, invite a cordial and united effort for the good of our common country." 14
Instead of silencing criticism, Slaughter laid himself open to further charges by his political opponents, who now declared they were certain he was a federalist and that he was councelling the abandonment of party lines to cloak his position. The editor of the Kentucky Gazette said, "He has proved that no party can safely confide in him; he has convinced us that he pretended to belong to the republican party, merely to acquire office and honor ; his practice has been at variance with his professions. He will, we hope, be permitted soon, to exclaim, in the language of Napoleon, 'my political life is at an end.' " 15 Slaughter undoubtedly felt that if his opponents were able to connect him with federalism, his political career was at an end. The Kentucky Gazette stated about this time that, "In no instance, within our knowledge, did an avowed federal- ist ever succeed in obtaining the confidence of the people, in Kentucky." 16 The term federalism to a Kentuckian meant the New England kind with ideas of aristocracy and perhaps monarchism, and the stigma of oppo- sition to the late war. A traveller through the state about this time, characterized the Kentuckian thus : "He is hospitable, but rather ostenta- tious, plain in his manners, and rather grave; a great politician, rather apt to censure than to praise, and a rather bigoted republican. It is said by enemies, that were a person to travel through Kentucky and openly approve of Monarchical principles, he would be stabbed. This is not true; but it is true that they are irascible, to a great degree, and it would not be wise for any man to preach up even federal, that is tory, principles in this state." 17
This growing opposition to Slaughter soon expressed itself in a very concrete and tangible program. If he be a federalist and, therefore, objectionable, he should not be tolerated in the high office he occupied. The cry was raised that he was in actuality not properly the governor of the state; that he had been elected to the office of lieutenant-governor and had never been intended for governor. The state should be rid of him; and the orderly method of accomplishing this was to call a new election. Matthew Lyon who had already had a long career of advocacy of extreme democracy and who had edited a newspaper before migrating to Kentucky called The Scourge of Aristocracy and Repository of Im-
14 Message of December 3, 1816 in Kentucky Gazette, December 9, 1816; Niles' Register, Vol. II, pp. 391, 392.
15 June 21, 1817.
16 August 5, 1816.
17 E. P. Fordham, Personat Narrative of Travel in Virginia, Maryland, Pennsyl- vania, Ohio, Indiana, Kentucky; and of a Residence in the Illinois Territory: 1817-1818 (Cleveland, 1906). Edited by F. A. Ogg.
Vol. II-2
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portant Political Truth, early set upon Slaughter with some of the old vigor that had brought a fine and jail sentence from the federalists upon him in 1798. In the Kentucky Gasette he poured out his argument week after week. He said there must be a new election for governor, as the people had never elected Slaughter to that office. In his zeal for striking arguments, Lyon conjured up the possibility of the governor holding office for life by a hide-and-seek arrangement between the office of governor and lieutenant governor, despite the provision of the constitution which declared that the "governor shall be ineligible for the succeeding seven years, after the expiration of the time for which he shall have been elected." Lyon reasoned that by succeeding from the lieutenant gov- ernorship to the governorship through the pre-arranged plan for the elected governor to resign, the lieutenant governor, who would not be the governor but merely the "acting governor," would be able to perpetuate himself in the governor's office, by this "political farcical juggle." 18
Joseph Cabell Breckinridge, who was a member of the Legislature, entered into a long and minute constitutional argument to show that Slaughter was not entitled to fill the unexpired term of Madison. The constitutional provision concerning the gubernatorial succession follows : "In case of the impeachment of the governor, his removal from office, death, refusal to qualify, resignation, or absence from the state, the lieutenant governor shall exercise all the power and authority appertain- ing to the office of governor, until another be duly qualified, or the gov- ernor, absent or impeached, shall return or be acquitted." 19 The phrase, "until another be duly qualified," was capable of two interpretations, and it was on this that the whole question hinged. Did it mean that the lieu- tenant governor succeeded to the remaining term of the governor, or did it mean that he should serve as governor only until a governor could be elected by a special election? Breckinridge summed up his position in the statement that, "Though the constitution is not so full and clear on the subject as could be wished yet from its general import, from the general intention of its framers, and from the many absurdities which a contrary doctrine would involve, we are justified in the conclusion that it was the intentions of the framers of that instrument that there should be a new election." 20
The supporters of Slaughter, the more conservative element, argued with much logic and reason that the constitution should be interpreted in the ordinary light in which such documents were viewed, and not in the distorted and prejudiced manner which characterize those who wanted to oust Slaughter-and that mostly for political reasons. Their fight against Slaughter was not born of a respect and concern for that docu- ment ; in fact only after Slaughter had done certain political acts dis- pleasing to that group did they suddenly discover that the constitution was being violate dand that it was left to them to uphold that sacred instrument. Slaughter's supporters pointed to the fact that in every other state in the union the interpretation given to the gubernatorial succession clause made the lieutenant governor fill out the whole unexpired term of the governor. So was it also true in the case of the nation; no one questioned the right as well as duty of the vice president to fill out the unexpired part of the president's term in case of his death.
Arguments gave way to action when on January 21, 1817, the House voted on a bill "to enquire into the Constitutionality of authorizing by law, an election for Governor, at the next annual election." This measure was defeated by considerable majorities in both House and
18 Kentucky Gazette, January 27, 1817.
19 Article III, section 18.
20 Kentucky Gazette, February 24, 1817.
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Senate.21 To the opponents of Slaughter, this defeat meant only that the people throughout the state were not sufficiently informed on the dangers that were hanging over the commonwealth in the person of an unconstitutional governor; therefore, a campaign of enlightenment must be instituted for the direct purpose of influencing the people to return in the coming August election only those candidates who stood for a new gubernatorial election and the purging of the state government of its self-appointed chief magistrate.
The stage was early set for the contest and the state was thoroughly upset and agog for many months to come. Some of the most prominent men of the commonwealth came out for the new election doctrine. Among these were John J. Crittenden, destined to play a prominent part in the affairs of the nation, Joseph Cabell Breckinridge, whose family had already given leaders to the state and was destined to make even greater contributions ; William T. Barry, lawyer, diplomat, soldier, cabinet mem- ber; George M. Bibb, justice of the highest state court, United States Senator, cabinet member, and Jesse Bledsoe, United States Senator, judge, orator. Henry Clay had graduated beyond the politics in a great measure ; yet his influence here was not small. He, therefore, entered into the new election contest very little-and designedly so, for he saw in it the possibility of party differences and political enmities which he did not care to be connected with. His friends for the most part were for the new election, especially as John Pope, his chief political rival, was identified with the Slaughter administration. The general impression throughout the state, however, was that Clay stood for a new election.22 Aided not only by such men, famous or yet to become so, and the out- standing leaders of the state, the new election cause was also championed by the most powerful and influential newspapers. The Kentucky Gazette, the Reporter, the Argus, and many others filled their columns week after week with arguments and appeals calling upon the people to be wary lest they cease to rule at all, when a usurper occupied high place. Those who were foremost in the support of Slaughter were George Robertson, the eminent jurist, and John Pope, the secretary of state.
The argument in the preceding legislative debate of the past winter were reproduced in this campaign, so vigorously fought for the control of the Legislature. Spurious reasoning and dangerous fallacies and sophisms were employed, playing upon the ignorance and passions of the people. The winds were being sown, only to harvest the whirlwinds a few years later. The strong passions of the people already so firmly im- planted in them that they alone were in the last instance the supreme authority were greatly inflamed in the campaign. Again they were asked if they intended to submit to a high official whom they did not elect. They alone were the source of all political power, and they alone should be the final judges as to whether the constitution had been disobeyed in Slaughter's assuming the permanent post of governor. If the constitu- tion was not clear on the gubernatorial succession let the people decide ; they alone should rule. Who could there be so distrustful of the people as to doubt "that it would be anti-republican, contrary to the spirit and genius of our government to submit to be governed by a mere subaltern?" It was even argued that in a last analysis the constitution itself must bow to the superior sanctity of the inalienable right of the people to rule. The rights of man in a state of nature and the social compact on which all legitimate government was formed should be the final rule. There was
21 The vote in the House was 63 to 28, and in the Senate, 28 to 3. George Robertson, Scrap Book on Law and Politics, Men and Times (Lexington, 1855), 1-3; Kentucky Gazette, January 27, 1817; Nites' Register, Vol. 12, p. 42.
22 See Public Advertiser (Louisville), October 13, 1818; Kentucky Gazette, March 3, 1817.
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thus a law higher even than the constitution. Thus was that instrument superseded by a return to the old doctrines that had been used in bringing on the American Revolution.23 George Robertson said, "Under false colors they have without a solitary argument, but merely by flattery and pretty names, induced many honest, unsuspecting men to join them in their unholy crusade against the constitution." 24 Slaughter, himself, was not attacked to any great extent. His ability and conspicuously progres- sive and sound course during the time he had occupied the governorship had made a favorable impression on many people and had made it very difficult for his political enemies to attack his record or character. It was for this reason, then, that his opponents confined their campaign princi- pally to abstractions on constitutional and "higher law" arguments.
Slaughter's defenders beat back with doctrines and arguments worthy of the higher regard for the stability of government assumed by them. Pope was very active in the campaign. He sent numerous personal letters to prominent people throughout the commonwealth, counselling them to work for the defeat of the new election scheme. This propaganda was assailed by his opponents as affording all necessary proof of the secret and covert designs of those who were actively engaged in thwarting the will of the people.25 The Slaughter supporters pointed out how futile all government was if the constitution might be set aside at will by design- ing demagogues and scheming politicians. Again they argued the perfect constitutionality of Slaughter's position, and sought to call the people back to a sense of the sanctity of constitutional government, warning them of the ultimate anarchy that would inevitably follow in any other course. George Robertson plead: "Oh! my country, art thou, with all thy noble and exalted destinies, quivering on this awful precipice! Have we come to this that a few men may sack the constitution when they please, with impunity?" Robertson declared that if a new election were ordered in- stead of settling anything, new and more profoundly perplexing difficul- ties would be raised up. Instead of having one governor, two would be found attempting to rule. No course could be designed better calculated to lead to anarchy and utter ruin. But it was argued that the Court of Appeals would force Slaughter out. Robertson said this was assuming more than would likely happen, and if so, then what. Force the court to so rule, declared the Slaughter opponents. In the words of Robertson, "The advocates of a new election admit that we have not a right to change the constitution in any other way than therein prescribed, but some of them still have the affrontery to say that we can force the courts to give it what construction we please. * * * Will you then, people of Ken- tucky, permit yourselves to be duped and cheated out of your constitution by those candidates for power? Think for yourselves, and act like men who deserve to be free; and coolly, deliberately, and wisely." 26
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