USA > Kentucky > History of Kentucky, Volume II > Part 37
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But as this procedure had not been according to law, and as Clay was not disposed to surrender without an attempt at redress, a warrant for riot was brought against the leaders, and the trial was held in Sep- tember. The defendants argued that their whole intent had been to do a public service, that a nuisance existed which had to be abated. It was argued at length that the slaves had assumed a bold and menacing attitude toward white people since Clay had begun his activities, that they read his paper, that they congregated in places and became boister- ous, that they traveled the highways at night in the possession of fire- arms. The Lexington mayor testified that negroes had marched by his home at night with boisterous conduct as if to show their contempt and disdain for his authority. Judge Trotter, of the Lexington City Court, first instructed the jury as follows, "That if the Jury believes from the evidence in their cases, that the defendants to this prosecution, assem- bled with the intent, and did with violence and by force take posses- sion of the True American office, they are guilty of a riot, and they must find them guilty, and assess their fine in their discretion from one cent to one hundred dollars." The defense objected to the charge and by further argument and citation of cases convinced the court that it should give the following charge: "That if the jury believe that the True American press was a public nuisance, and could not exist in its then present location and condition, without being a nuisance, the defendants were justified in abating it." The case was ended by the jury giving a verdict of not guilty.78 After the Mexican war, Clay sued the com- mittee that entered his office and recovered $2,500 damages. Clay said
of the whole affair: * * * I need only say here that the mob was utterly defeated in all their ends. I was not killed, and the Amer- ican, published in Cincinnati and edited by me at Lexington, increased in circulation in Kentucky and the Union generally, till I went to the Mexican War." 79
The net result of this whole procedure was to greatly increase the
75 Niles' Register, Vol. 69, pp. 13-15; Collins, History of Kentucky, I, 51. Among the members of this committee besides those already mentioned were: Moses Morrison, Richard Higgins, Hiram Shaw, James B. Waller, George W. Norton, Franklin Tilford, Thomas H. Shelby, Thomas S. Redd, Dr. J. C. Darby, William R. McKee, Richard Spurr, Edward Oldham, and Dr. J. Bush.
76 Editorial in Lexington Observer and Reporter, Aug. 20, 1845.
77 Editorial in Lexington Observer and Reporter, Aug. 23, 1845.
78 Lexington Observer and Reporter, Oct. 8, 1845.
79 Life of Cassius Marcellus Clay, I, 108.
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excitement over the state against abolition doctrines and abolition med- dling. Jefferson, Nelson and other counties held meetings to consider the action of the Lexingtonians. In Mason County a meeting of the citizens condemned "the intemperate and inflammatory character" of the True American and held that Clay's reply to the first Lexington meeting was "conceived in a spirit of outrage, wholly unjustifiable, and meriting the severest reprobation, and recommended the passage of a law to prevent the circulation of abolition papers in the state." 80 This was the outgrowth of a previous meeting of Mason County citizens, which condemned Clay's actions as indiscreet, but by a vote of 58 to 49 refused to sanction the action at Lexington. But Mason County still was not satisfied with the vigor of the resolutions that should be passed condemning Clay, so on November 10, in pursuance to a call of 456 citizens, another meeting was held that supplied what was wanting in the vigor of denunciation merited by Clay.81 At the outbreak of the Mexican War, Clay joined the American forces more for the purpose of building up a reputation and influence which he could use in further- ing his attacks on slavery than for any other reason.
The climax in the emancipation movement came in 1849. There had long been 'a desire, widespread and persistent, for a convention to re- vise the Constitution. Numerous and varied reforms were wanted, but progress toward securing the convention had been greatly retarded by the bugaboo of tampering with slavery, that was always held out. But in spite of this, success was had, and the convention was called to meet in Frankfort in October, 1849. The expression of the state through its Legislature had been strong and steady in favor of slavery. In 184I the ultra-conservative slave leadership sought to amend the law of 1833 prohibiting the bringing of slaves into the state for sale. A hard fight was carried out in the Legislature, which resulted in their defeat, how- ever, in the House by a vote of 53 to 34. According to the Louisville Journal, "No question which has come before the Kentucky Legislature for years has produced so much excitement as this." 82 But their aggressive power was growing. In 1849 the House declared unani- mously that it was "opposed to abolition or emancipation of slavery in any form or shape whatever, except as now provided for by the con- stitution and laws of the state." 83 A few weeks later, on February 24, a complete victory was secured in the repeal of the law of 1833. All the progress toward the final extinction of slavery made since 1815 was now gone; slaves could again be brought into the state for sale.84 The emancipationists, conscious of the great difficulty of securing state- wide legislation looking toward emancipation, sought to have local option adopted. They would have the right given to the counties to vote slavery out by a two-thirds majority, and thus, little by little, reclaim the state for freedom. Nothing came of these efforts.85
The election of the Constitutional Convention afforded the oppor- tunity for the greatest conflict between the emancipationists and the pro- slavery adherents, whose decision would be immutable and final. The former especially began early to prepare for the fight to capture as many of the delegates to the convention as possible. They had some strong leaders, who were powers in the state. Henry Clay had never swerved from his earliest principles on slavery, viz: gradual emancipa-
80 Collins, History of Kentucky, I, 52.
81 Lexington Observer and Reporter, Oct. 18, 1845; Collins, History of Kentucky, I, 52. 82 Quoted in Niles' Register, Vol. 59, P. 323.
88 Collins, History of Kentucky, I, 58; Niles' Register, Vol. 75, p. 109.
84 McDougle, Slavery in Kentucky, 46; Collins, History of Kentucky, I, 58.
85 Martin, Anti-Slavery Movement in Kentucky, 121. The Louisville Examiner, of abolition leanings, advocated this plan.
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tion with colonization, and he had never ceased to fight for them. In February, 1849, he restated them in his well-known letter to Richard Pindell, of Lexington. Again he argued for emancipation so gradual as not to disturb society. Colonization was the key-stone in his arch; the freed negroes should be sent to Africa, and he stated his plan. The slave, on receiving his freedom, should be hired out for three years and the funds thus accumulated from his labors should be used in paying for transportation and six months' subsistence.86 Clay thus lent his influence toward furthering the movement to provide for emancipation in the new constitution.
In organizing for the campaign the emancipationists held a meeting in Lexington on April 14, where they expressed the sentiments that slavery was contrary to the natural rights of man, was opposed to the fundamental principles of free government, was inconsistent with a state of sound morality, and was hostile to the prosperity of the common- wealth. A state-wide convention was recommended to meet in Frank- fort on April 25, where the policy of the emancipationists could be formu- lated and agreed upon. Henry Clay and Robert J. Breckinridge were the moving spirits in this Lexington meeting.87
On the appointed time the convention met in the capitol building with 150 delegates from 24 counties. Both parties and all classes of opponents of slavery were represented, from such extremists as Cassius M. Clay and John G. Fee through the more moderate, such as Robert J. Breck- inridge to sound rationalists like Henry Clay. According to the press report, "The Convention is quite large, presenting a highly respectable appearance, and composed of intelligent looking men-many of them divines of different denominations." 88 In order to prevent division and also escape the dangers of being too specific, the convention adopted no direct plan of emancipation, but reasserted the old principle of gradual emancipation, to operate only on those born after the system should be set up, and to be connected with colonization. With this general statement of principles, it was resolved that only those candidates should be voted for who were against the further importation of slaves into the state, and for the right of the people, incorporated in the new constitution, to institute "a system of gradual, prospective emancipation of slaves." 89
A vigorous campaign was carried on. Henry Clay, Robert J. Breck- inridge, John C. Young, William L. Breckinridge, Stuart Robinson, John R. Underwood, and many other men of recognized leadership supported the movement. Robert J. Breckinridge was a candidate, and made a very active fight for election. He was being constantly called upon by the emancipationists for speeches.90 He issued an address to the people on "The Question of Negro Slavery and the New Constitution," reiterat- ing the evils of slavery and calling upon the people now to take advantage of the opportunity to rid themselves of the blight. "Now is it," he said, "for the interest, the honor, the riches, the power, the glory, the peace, the advancement, the happiness, of this great Commonwealth, to exert her sovereign power in such a way, and to the intent, that involuntary, hereditary, domestic, negro slavery shall be indefinitely increased and everlastingly established in her bosom? Men of Kentucky, ask yourselves the question !" 91 The strong conservatives of both parties became frightened and in some instances united on their candidates against the
86 Martin, Anti-Slavery Movement in Kentucky, 124-126.
87 Stanton, The Church and the Rebellion, 441.
88 Kentucky Yeoman, April 26, 1849.
89 Kentucky Yeoman, May 3, 1849; Martin, Anti-Slavery Movement in Ken- tucky, 129-132; Collins, History of Kentucky, I, 59; Stanton, The Church and the Rebellion, 442.
90 Breckinridge MSS. (1849). Numerous letters calling for his service.
91 Stanton, The Church and the Rebellion, 447.
REV. STUART ROBINSON
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emancipationists.92 The democrats had a more consistent record against emancipation than the whigs, with such leaders as Clay, and as a result the union candidate was generally a democrat. The two parties in Fay- ette County united and divided the offices between themselves. They agreed on one democrat and one whig for the convention, one whig for the senate, and one democrat and one whig for the House. The election turned out to be a complete disaster for the emancipationists. Robert J. Breckinridge, the most powerful candidate of this group, was defeated, and not a single out-and-ont emancipation candidate was elected. The conservative democrats carried the day. In the same election that gave the whigs a majority on a joint ballot in the Legislature of thirty votes, the democrats captured the convention by a majority of six. As Horace Greeley remarked, "Slavery was afraid to trust itself in the hands of a whig majority." 93
The result of this election was a considerable surprise to most Ken- tuckians. A vast majority of the voters held no slaves whatever. It was certainly largely true, as was often remarked at the time, "that, while many of the largest slaveholders were in favor of emancipation, the non-slaveholding vote gave the state to the pro-slavery power." There were numerous elements that entered the situation. In the first place, among those who did own slaves but who were not converted to emanci- pation, the influence of such radicals as Cassius M. Clay was disastrous. Those opposed to slavery were far from being of the same mind-the degree of their opposition varied greatly, and the tendency was too preva- lent to judge all by the worst. Those who owned no slaves but voted against the emancipationists were influenced by various reasons. It was not the actual possession of slaves that played an important role with many Kentuckians ; it was the constituted question involved. The voter was first a Kentuckian and all that that carried with it; he was beholden to no one for his ideas and convictions of his rights under the consti- tution-and least of all to those abolitionists from outside the state. The question was more a constitutional habit of thinking than a practical problem crying for a solution. Leaders, however successful in their leadership in other lines, failed to move them from this position. As was said by an emancipationists of the day, "The failure of the cause of emancipation is not to be referred to any want of ability on the part of its advocates. Those advocates comprise some of the most distinguished men not only of Kentucky but of the Union ; men who have no superiors in the power to control public sentiment. If the cause of freedom could have been carried, it must have been carried by such men." There was also that tenacity of belief that can so easily develop into unreasoning prejudice. There was undoubtedly some truth in this charge of the emancipationists : "Self-interest, ignorance and prejudice are proof against anything, but the human mind, when unbiased and sufficiently enlightened to comprehend their import, cannot resist such argument, nor harden itself against such sentiments as are here presented. It must be conceded then, that the cause of emancipation in Kentucky has failed for the present, in spite of the exertions of men of the highest order of talents of which the country can boast." 94
The power which the people possessed to deal with slavery had been thrown away in the election of the convention; slavery leadership was in control, and slavery would not only be protected in the new constitution, but further intrenched. The majority had so willed. But the pity of it, thought M. P. Marshall, who said in a speech in the convention: "Five- sevenths of them own no slaves; the other two-sevenths trembled under
92 Breckinridge MSS. (1849). For example at Taylorsville.
93 New York Tribune, Sept. 12, 1849.
94 The Repertory quoted in Stanton, The Church and the Rebellion, 443.
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the call of this convention for the security of their property, at once great and feeble, vast in point of interest, insignificant almost in numer- ical force, the political strength directly interested in its support. In this state of things this overwhelming majority of five-sevenths, forget- ting all other feelings, discarding, merging all other considerations of reasons or policy, or of a separate interest, in a regard for what they considered the vested rights of a minority thus feeble, surrendered this convention to their control. They have excluded from this hall some of the wisest and ablest men of the State, merely because they feared, rather than believed, they might desire to interfere with these rights of the weak. They have sent a pro-slavery convention, merely because of their sense of justice and honor, their respect to a property peculiar to its kind, feeble and comparatively limited as to the number interested." 95
As heretofore stated, the democrats controlled the convention, with James Guthrie, a staunch party man, as president. Although no emanci- pationists had been elected as such, there were members who stood for some system of gradual emancipation and fought for it at almost every step. In fact, the question of slavery protruded itself into almost every question. For instance, the discussion of the question of city representa- tion in the Legislature apart from the counties hinged largely around slavery considerations, as the largest cities were on the Ohio River, where a large Northern element was present in the population.96 Garrett Davis was in favor of some action looking toward the final extinction of slavery. He said: "But it appears to me that any intelligent and care- fully reflecting mind must come to the conclusion that slavery is to have but a transitory existence in Kentucky. The general sentiment of the world is against it, before which, in fifty years, it has receded vastly ; and this sentiment is deeply and widely formed in our limits and among our own people. * * The history of slavery, as we have it, proves in all ages of the past that it is progressing to its end. That consumma- tion is in the course of events, and when men throw themselves in the current of events to hasten, or to retard, they are but straws. Let all straws be kept out of that section of this resistless current which flows through Kentucky, and let it roll on in its undisturbed power." 97
Slavery was completely intrenched in the new constitution. The wording of the old provision was left almost unchanged, and new safe- guards were added. To forever end the menace of a free negro popula- tion, it was provided that no slave might be emancipated unless means were provided for his removal from the state, and that no free negro might come into the state. According to the convention, "The free negro population among us is conceded by all to be worthless and highly detri- mental to the value of our slaves, as well as the security of the owner." 98 In addition there was placed in the bill of rights the clause that "the right of property is before and higher than any constitutional sanction, and the right of the owner of a slave, and its increase, is the same and is as inviolable as the right of the owner to any property whatever." To place the power far from the multitudes to change these provisions, an almost impossible method of amendment was adopted.99
The legislatures hereafter carried out the spirit of this constitution in their dealings with the institution of slavery. In 1851 it declared that all· slaves emancipated must leave the state, and that any free negro
95 Quoted in Bruce, "Constitution and Constitutional Convention of 1849," pp. 142, 143.
96 See H. Bruce, "Constitution and Constitutional Convention of 1849" in Pro- ceedings of Kentucky State Bar Association, 1918, pp. 131-162.
97 Stanton, The Church and the Rebellion, 450.
98 The New Constitution of the State of Kentucky (pamphlet, 15 pp.), 14.
99 The constitution may be found in Thorpe, American Charters, Constitutions, and Original Laws; Poore, Federal and State Constitutions.
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entering the state and remaining over thirty days should be guilty of a felony and punished by not over one year's confinement in the peniten- tiary.100 This principle was reiterated and emphasized in a law of 1860; also all laws prohibiting the importation of slaves into the state were repealed.101 There was strong resentment against many ministers for their restless activity in the emancipation movement. The Presbyterians took the lead among the denominations in this struggle. The constitution dealt with the ministers by providing that none might hold public office or place of public trust.102 Resentment was so keen that the Senate on the convening of the session of 1849-1850, debated a resolution that no one "who was a delegate, or attended and took part in the Emancipation Convention that met in Frankfort in the summer of 1849" should be invited to become chaplain of their body.103 The resolution was finally defeated by a vote of 14 to II.
The emancipationists were left stunned for a time. They were in doubt as to what course of action to pursue at first, but soon plans were being suggested and the determination was expressed to forget their dis- astrous defeat and to work with redoubled vigor. Robert J. Breckinridge was looked to as the recognized head and leader. Many interested in the fight gave him their suggestions and asked for his. Directly after the election and before the convention met, he received a letter from J. A. Jacoby suggesting that an emancipation paper be set up at Lexington, with preferably Breckinridge at the head of it. He also believed that meetings should be called widely over the state to reorganize their forces and to prevent their temporary demoralization from completely destoy- ing the movement. "Such a proceeding," he said, "would have a happy effect upon our friends & show our opponents that we were not dead & did not intend to die & could not be killed." 104 The question of operating as a separate party and running its own candidates, or of simply using their position strategically by influencing the democrats and whigs was also considered. Both lines of procedure had their advocates. An eman- cipationist from Glasgow wrote Breckinridge in 1851: "If a man has the independence here to vote for an emancipationist he is proscribed. But notwithstanding their proscription, there are some of us that think we ought to form a third party, that it is the only way to make them respect our views." He also thought that the emancipation candidates would get more votes when the people could be convinced that some of them could be elected.105 A number of citizens of Maysville, according to the plan they sent Breckinridge, would organize immediately, but silently and unobtrusively. an emancipation party, ramifying into every county in the state. Let the emancipationist work slowly but surely ; let them be prepared before they make another big attempt. By 1855 their organization ought to be strong enough to run a candidate for gov- ernor, who would doubtless be defeated, but he would most likely poll from 30,000 to 40,000 votes, which would be no mean beginning. In the election of 1859, they would have excellent chances for success. Then they should set to work definitely to gain gradual emancipation. According to the constitutional method of amendment, it would take eight years at the least to call a convention. Emancipation would be pro- vided for through plans that would require about fifteen years to per- fect, so that emancipation itself would not begin in less than thirty years. Would that not be time enough for all, they asked. Could anyone ac-
100 Collins, History of Kentucky, I, 61.
101 Collins, History of Kentucky, I, 83.
102 See Kentucky Yeoman, Dec. 20, 1849.
103 Lexington Observer and Reporter, Jan. 5, 1850.
104 Breckinridge MSS. (1849). Letter dated Aug. 24, 1849.
105 Ibid. (1850). I. G. Davis to Breckinridge, June 27, 1851.
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cuse them of haste or of fanatical abolitionism? They believed that if the conservative emancipationists did not take hold and act immediately, the radical abolitionists would become actively engaged in pushing their propaganda in the state. and would forever end any possibility of eman- cipation.106 Cassius M. Clay boldly jumped into the gubernatorial race in 1851 as the emancipationist candidate, but he had a very slight follow- ing. He polled only about 3,000 votes,
The gradual emancipationists never attained to the success they de- served; their altruism and high principles fell on deaf ears. And, just as they predicted, the abolitionists took the field and, with their various doings, greatly excited the state. The True South, an abolition paper in Newport, fell before an angry mob, and serious disturbances were the main results of certain abolition activities in Madison County from 1853 to 1860. Berea was the storm center.107 The leaders in this movement were John G. Fee and John G. Hanson, and their tenets and methods were so radical that even Cassius M. Clay cut loose from them and refused to be identified with the movement. The people soon rose and drove them out. James S. Davis, one of Fee's coworkers who settled in Lewis County, was informed by a meeting of Mason County citizens that he must remove from the state within seven days, and the action of the Madison County citizens were approved. A few days later Davis was called upon to give up copies of Helper's Impending Crisis of the South, which he held for distribution among the people. He first re- fused, but later agreed to burn them. A few days later Bracken County citizens met for the purpose of informing Fee and Hanson, who had settled in that county, that they were "enemies to the state and dangerous to the security of our lives and property" and that they must leave the state before February 4. Fifty prominent citizens were appointed to see that the men departed. Instead of leaving the state, Hanson drifted back into Madison County, where trouble immediately ensued, in which several persons were wounded. The so-called Revolutionary Committee, made up of pro-slavery groups, resolving to drive out the abolitionists, ordered from Lexington "a canon to whip them out." 108. As a further effort to stop abolition activities, the Legislature in 1860 passed a law prohibiting the writing, printing or circulation of any incendiary docu- ments in the state, with the penalty of imprisonment in the penitentiary.109
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