The Biographical encyclopaedia of Kentucky of the dead and living men of the nineteenth century, Part 124

Author: Armstrong, J. M., & company, pub
Publication date: 1878
Publisher: Cincinnati, J. M. Armstrong
Number of Pages: 946

USA > Kentucky > The Biographical encyclopaedia of Kentucky of the dead and living men of the nineteenth century > Part 124

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GDEN, REV. BENJAMIN, Clergyman, was born in New Jersey, in 1764. He served as a soldier in the Revolutionary War. In 1786, he was admitted on trial as a traveling preacher, and sent to Kentucky. In 1787, he was sent to Middle Tennessee; but, in 1788, he was re- turned to the Brunswick Circuit, in Virginia; was or- dained a deacon in 1790; soon afterwards, returned to Kentucky; in 1816, was readmitted to the Tennessee Conference, and appointed to the Henderson Circuit ; but, his health failing, he retired from the ministry for several years; in 1824, he again entered the work, and was placed on a Tennessee circuit ; for some years after- wards, was engaged on the Christian Circuit; and, in 1827, was superannuated. He died November 20, 1834, near Princeton, Kentucky. He was a successful preacher, and, although a man of frail constitution, being obliged, during a great part of his life, to temper his labors to the necessities of his body, few of the pio- neer preachers of the State worked with more accepta- bility, or did more to establish the Church; and, not- withstanding his early retirement from the active labors

of the field, he never ceased to exert himself in the cause of the Master until his death, working in season and out of season for the Church.

OYLE, JUDGE JOHN, Lawyer, and once Chief-Justice of Kentucky. Among the honored names of Kentucky, John Boyle, once Chief- Justice of the State, is deservedly conspicuous. Modest and unpretending, his sterling merits alone elevated him from humble obscurity to high places of public trust, which he filled without re- proach. John Boyle's genealogy can not be traced throughout a long line of ancestry. He inherited no ancestral honors, nor fortune, nor memorial. Like most of the first race of illustrious Kentuckians, descended from a sound but humble stock, he was the carver of his own fortune, and the ennobler of his own name. He was born October 28, 1774, in Virginia; and, in the year 1779, was brought to Kentucky by his father, who settled first in Madison County, but afterwards moved to Garrard, where he resided until his death. In the early history of the son, there was nothing sig- nal or peculiar. In his days of pupilage, a college education was not attainable in Kentucky. And those who, like him, were poor, were compelled to be con- tent with such scholastic instruction as might be de- rived from private tutors and voluntary country schools. After acquiring an elementary English education, he learned the rudiments of the Greek and Latin lan- guages, and of the most useful of the sciences, in Madi- son County, under the tutelage of the Rev. Samuel Finley, a Presbyterian clergyman of exemplary piety and patriarchal simplicity. With this humble prepara- tion, having chosen the law for his professional pursuit, John Boyle rightly reared, and unincumbered by patri- mony, started the journey of life, alone and on foot ; his own inind his only guide, his own conduct his only hope; and, though there was nothing strikingly impos- ing in the character of his mind, or in his manners, but few men ever reached such earthly goal of honor by a straighter or smoother path. In 1797, about the com- mencement of his professional career, he married Eliza- beth Tilford, a beautiful and excellent woman. During his short professional career, he was eminently just and faithful to his clients, and he acquired the reputation of an enlightened and honest lawyer. Translated, in 1802, from the forensic to the political theater by being unan- imously elected to Congress, he declined altogether the practice of law. In the national Legislature, he acted with the Jeffersonian, and then dominant party. And, though not a speaking member, he was vigilant, active, and useful. He did not "give up to party what was meant for mankind." Having no taste for a political

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life, since his duties there were somewhat incompatible with his domestic obligations, he determined to retire from politics, and devote himself to his family and his legal profession. But such a man as John Boyle can not always dispose of himself according to his own per- sonal wishes, and twice his constituents re-elected him without competition. Mr. Jefferson, who rightly appre- ciated his worth, offered him more than one federal appointment, but either his diffidence, or his romantic attachment for his family and home, induced him to decline. In March, 1809, Mr. Madison, among his first official acts as President, appointed him, without his solicitation, the first Governor of Illinois. This was an important and lucrative appointment, and he accepted it provisionally. But on his return to Kentucky, to visit his family, the positions of Circuit Judge and also Appellate Judge of Kentucky were tendered him; and, though the duties were peculiarly onerous, and the sal- ary only one thousand dollars, he took his seat on the Appellate Bench of his own State, and declined the position of Governor. His judicial career, for which he was peculiarly fitted, forms an interesting epoch in the jurisprudence of the West, and he could not have left to his children a better legacy than the fame he acquired as Chief-Justice, to which high and responsible office he was promoted on the 3d of April, 1810, and which he continued to hold until the 8th of November, 1826. His miscellaneous reading was extensive, and in mental and moral philosophy and polite literature his attainments were eminent. His colloquial style was plain and unpedantic, but fluent, chaste and perspic- uous; and his style of writing was pure, graceful, and luminous. When first called to the bench of justice, his legal learning could not have been either extensive, ready, or very exact. His legal knowledge, though never remarkably copious, was clear and scientific. Many men had read more books, but none understood better what they read. His reported opinions are equal in most, if not in all, respects, with those of any other judge, ancient or modern, and will associate his name, in after times, with those of the Hales and Eldons, of England, and the Kents and Marshalls, of America. In politics, also, he was enlightened and orthodox. He was a friend to that kind of liberality and equality which are regulated by intelligence, and controlled and preserved by law, and was a foe to demagogy, igno- rance, licentiousness, and Jacobinism. A careful review of his many judicial acts, as published in our State Reports, from I Bibb to 3 Monroe, including fifteen volumes, will result in the conviction that he was equaled by but few judges, and surpassed by still fewer, of any age or country. The only objection to him as a judge was that, in the opinion of some jurists, he ad- hered rather more strictly to the ancient precedents and technicalities of the common law than was perfectly

consistent with its progressive improvements and its in- adaptableness, in some respects, to the genius of Ameri- can institutions. Judge Boyle felt, however, that it was safer and more prudent to err, sometimes, in the recog- nition of an established doctrine of the law, than to make innovation by deciding upon the principle against the authority of judicial precedents. In the year 1813, the question whether a merely legal or constructive seizin was sufficient for maintaining a Writ of Right, came up, for the first time, before the Court of Appeals of Kentucky. This question was eventful and interest- ing, as it involved the title of much of the best land in our State; and the decision given by Judge Boyle alone has never since been overruled. Another of his more im- portant decisions related to the constitutionality of the Bank of the United States. His most famous decision, however, is the memorable one arising from a series of legislative enactments designed for the relief of debtors, and therefore characterized as the "Relief System." In this decision, Judge Boyle and his associates held that a two years' replevin statute, in its retroactive operation on contracts made prior to the enactment of it, was repug- nant to that clause of the Federal Constitution which declares that no State shall pass any act "impairing the obligation of contracts." This decision was very offen- sive to the dominant party in the State, and the appel- late judges were denounced as "tyrants, usurpers, kings." An attempt was then made to degrade these judges, re- move them from office, and establish a "New Court." The "Old Court," however, vigorously upheld and maintained its position; and eventually a signal and glorious civic victory was won, and John Boyle was still the honored chief-justice of that signally persecuted, yet more signally triumphant, "Old Court." On the 8th of November, 1826, he resigned the Chief-Justiceship of Kentucky, and accepted from the Federal Government the office of District Judge of Kentucky, which position he held till his death, refusing twice a seat on the Supreme Bench of the United States. During the prevalence of cholera, in 1833, his wife died, and he himself had a violent attack of that fatal malady, which he survived. He was hastening, however, to the end of his journey ; and, though in early life he had been an infidel and a skeptic, he now studied theology, talked reverently of the Christian religion, and finally, not a month before his death, expressed his thorough and firm conviction of the divinity of that system. He dicd rather unexpect- edly, but not suddenly, on the twenty-eighth day of January, 1835, in his own house, near Lancaster, Ken- tucky, like a Christian philosopher, firm, placid, and rational, surrounded by his physicians, his younger chil- dren, and his devoted servants. And, in the agonies of death, turning himself on his couch, he said, " Doctor, I am dying ; " and, with his expiring breath, ejaculated, firmly and audibly, "I have lived for my country."

Eng" & Pt" by Homer Lee & Co. NY

Charlie

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These were his last words on earth; and they were true. Truly, he died full of honor and hope, when his setting sun had " all its beams. entire-its fierceness lost." The worth of such a man is never fully known until after his death; and John Boyle's illustrious deeds and rare vir- tues, if faithfully recorded and transmitted, will be long remembered by approving posterity. And should a Tacitus ever become his biographer, his name will be as immortal, and at least as much honored, as that of Agricola.

ARSHALL, HON. THOMAS FRANCIS, Law- yer, was born June 7, 1801, in Frankfort, Ken- tucky, and was the oldest son of the distin- guished Dr. Lewis Marshall. He received a fine education, which he completed in Virginia, under his relative, James Marshall. He studied law under Hon. John J. Crittenden. In 1832, he was elected to the Legislature, from Woodford County, and distinguished himself at that time by a report against nullification, in answer to a proposition from South Caro- lina to the States; in 1833, located in Louisville; was soon after elected to the Legislature, serving two or three terms; was beaten, in a race for Congress, in 1837, by William J. Graves; returned to Woodford County, and was again elected to the Legislature, for several terms; was elected to Congress, from the Ashland dis- trict, in 1841; subsequently canvassed the State, in favor of James K. Polk; in 1845, again made a race for Congress, and was beaten by Hon. Garrett Davis; served one year, as a captain in a company of cavalry, in the Mexican War; made the race for delegate to the Con- stitutional Convention of 1849, but was defeated; advo- cated the election of Gen. Scott; was elected to the Legislature again, from Woodford County, in 1853, and from that time confined his attention to the successful practice of the law. He was unfortunately engaged in three duels: first, with John Rowan, Jr., of Nelson County; afterwards, with James Watson Webb, editor of the "New York Courier and Enquirer;" and, subse- quently, with Gen. James S. Jackson, who fell, gallantly fighting for the cause of the nation, at the battle of Perryville. He was a man of the highest order of in- tellect; was capable of great deeds; was one of the most able lawyers of the State; was an orator of match- less fascination and eloquence; and, at the bar, in the public assembly, and in social life, he was always brill- iant. He was exceedingly popular over the State ; pos- sessed an almost unbounded and an ever ready wit ; was in great demand as a speaker, and, although belonging to a family of orators and distinguished men, he was in many respects the most able of the Kentucky Marshalls. Mr. Marshall died September 22, 1864, at his home near Versailles, in Woodford County, Kentucky.

ELM, HON. CHARLES J., Lawyer, was born June 21, 1817, at Hornellsville, near Rochester, New York, and was the son of Francis T. and Sallie B. Helm. His mother was the daughter of Col. James T. Mckinney, who served in the same command with Gen. Lafayette in the war of the Revolution, and was connected with the com- missary department of the army at Washington, when the British captured that city, during the war of 1812. Francis T. Helm, his father, served for a time in the United States navy ; resigned, and was commissioned a lieutenant in the army ; served in the war of 1812; was wounded in an "affair of honor" with Col. Carney, from which he never fully recovered; resigned his com- mission, and engaged in mercantile pursuits in New York City for a time; he married in 1815; settled in Newport, Kentucky, in 1817; held several civil posi- tions in Campbell County, and was the first Mayor of Newport. He died in 1873, at an advanced age. Chas. J. Helm was reared and mainly educated in Kentucky. The circumstances of his father early threw him on his own resources. After acquiring a good education, he began the study of the law under Hon. John W. Tib- batts, then one of the most considerable lawyers of Kentucky ; was admitted to the bar at Newport, in 1842, and began the practice of his profession at that place, associated with his law preceptor ; rose rapidly, and soon took rank among the first lawyers of Northern Ken- tucky. When the war with Mexico began, he was commissioned First Lieutenant in the Sixteenth Ken- tucky Regiment under Col. Tibbatts; served as aid to Gen. Wool ; was distinguished for bravery, and was brevetted major for meritorious and gallant conduct on the field of battle. After the war he returned to New- port, again engaging with great activity in the pursuit of his profession. In 1852, he was elected to represent Campbell County in the Lower House of the Legisla- ture, and at the opening of the session was a prominent candidate for Speaker. His ability and prominence soon gave him a high standing as a representative man in his party in the State, and, shortly after closing his term of service in the Legislature, he was appointed, by President Pierce, as Commercial Agent to the Island of St. Thomas; performed the duties of his position with great ability; brought about with the Spanish Govern- ment some modification of the import tax in favor of the shippers at the harbor of St. Thomas, and, for his services in that direction, received some sub- stantial tokens of the esteem of the ship-masters. After the close of Mr. Pierce's administration, he was appointed, by President Buchanan, Consul-General to Cuba, distinguishing himself as in other positions, and, on offering his resignation at the opening of the civil war, was warmly commended by Mr. Seward, and urged to continue in office, receiving, at the hands of the Sec-

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retary of State, a silk flag of the nation. But he had determined to cast his lot with the South, and was soon after sent, by the Confederate Government, as their financial agent to the Island of Cuba. He filled that responsible trust with ability and singular fidelity. His seat of operations subsequently being shifted to Canada, he handled a large sum of specie, and other funds in the interest of the Confederacy, with great exactness and honor to the last, even after the cause which he had espoused was lost beyond peradventure, and the author- ities holding him responsible had ceased to exist. When the end came, and the smoke of the conflict cleared away, he still remained on the northern border, with Generals Early and Breckinridge, Mr. Mason, of Vir- ginia, and other distinguished Southerners, and finally fell sick and died, at Toronto, in February, 1868. He was not only a lawyer of ability, but possessed of un- common executive and financial skill, and was distin- guished for his superior diplomatic powers; was a man of great generosity of character; and was endowed with a high sense of personal honor. In person, Mr. Helm was slightly under six feet in height, and perfectly erect in carriage. His widow survives him, and now resides in Newport, Kentucky. His son, Charles J. Helm, who was born October II, 1855, on the Island of St. Thomas, received a liberal education, at the Upper Can- ada College; after the death of his father, returned to Kentucky ; studied law under William Stone Abert, now of Louisville; was admitted to the bar in the Fall of 1875, and at once entered into practice at Newport ; is a young man of superior ability, and is regarded as one of the most promising young lawyers of his section of the State. In 1876, he was married to Miss Webster, an accomplished and beautiful daughter of F. M. Web- ster, a prominent lawyer of Newport, Kentucky.

ASEY, COL. WILLIAM, Kentucky Pioneer, was a native of Frederick County, Virginia, and removed to Kentucky early in the Winter of 1779, living during that Winter in a camp on the Hanging Fork of Dix river. He, with the Logans, McClures, and others, established Lo- gan's Station, at Buffalo Springs, near the present town of Stanford. In the Spring of 1791, he formed a party of the Butlers, Montgomerys, Harveys, and other hardy pioneers, for the purpose of forming settlements south of Green river. On Russell's Creek they erected a block-house, and named it Casey's Station. This station was subsequently re-enforced by other families; and, although surrounded by the savage foe, and beset by hardships, they maintained themselves bravely, with- standing several determined attacks of the Indians. His farm was the first opened south of Russell's Creek.

He was a member of the Constitutional Convention of 1799, and was, no doubt, one of its most able members. On the formation of Adair, from Greene County, his residence was in Adair County, and the people of that county imposed upon him many responsible trusts. While making no pretense toward oratory, he was yet a speaker of great force and popularity. He possessed an honesty of purpose in life from which he never departed, and that, and his active exertion in every thing looking to the growth and prosperity of the new country, made the people place unbounded confidence in him. He was one of the most noble and valuable among the early pioneers of Kentucky. In person, he was far above medium size, and was commanding and attractive in appearance. Col. Casey lived over fourscore years, and left one son, Greene Casey, and several daughters, all of whom inherited many of his fine qualities and became valuable members of the community.

ISHOP, HON. RICHARD M., Governor of Ohio, and one of the leading business men of Cincinnati, was born November 4, 1812, in Fleming County, Kentucky, and came of Vir- ginia parents, who were of English and German origin. He received only a fair English educa- tion, and in early boyhood entered upon his mercantile career. For many years with varying success, he car- ried on business in Kentucky; in 1848, removed to Cin- cinnati, and began the grocery business on a large scale on the Public Landing, under the name of Bishop, Wells & Co .; some years afterwards, Mr. Wells retired, and since that time his business has been conducted under the name of R. M. Bishop & Co., the company consist- ing of his three sons, W. T., R. H., and J. A. Bishop. Their house has been located for several years on Race and Pearl Streets, and is one of the best conducted estab- lishments in the country, doing a business amounting to several millions of dollars annually. Notwithstanding his large business interests, he has been prominent in public affairs; and, although never seeking preferment in any way, he has been called to fill many responsible positions, both in politics, and in the commercial and business affairs of his adopted city. In 1857, he was elected member of the City Council; in the following year, became president of that body ; and, in 1859, was elected Mayor of Cincinnati; holding the office for the term of two years, and refusing again to be a candidate, although being tendered the nomination by both politi- cal parties successively. In 1860, when the country was threatened with civil war, he took an active interest in every movement looking to the peace of the country, and, as Mayor of the city, was one of the foremost in his efforts to strengthen the cause of an undivided country.

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In that year, when members of the Legislatures of Illi- nois, Indiana, Tennessee, Kentucky, and Ohio, met at Cincinnati, to further cement the old bonds of National Union, he received them in a speech at Pike's Opera- house. In 1861, when Mr. Lincoln was on his way to Washington City, to enter upon his duties as President of the United States, Mayor Bishop received him in an address of great warmth. He was presiding officer of the great Union meeting which was held in the same year at Cincinnati. He was one of the few Mayors of Cincinnati who were bold enough to attempt to carry out the laws, and especially did the ordinance against gam- bling houses and the desecration of the Sabbath receive his attention; not hesitating in doing his duty, and car- rying out the righteous laws for the government of the city, notwithstanding their repugnance to a large per- centage of the population. And, although he did not suc- ceed in establishing a sentiment in favor of those whole- some laws, or, indeed, any permanent tendency to respect them, he did for the time, to a great extent, suppress the pernicious liquor traffic on Sunday, as well as some other disreputable forms of mischief to the city. He also, though not without strong opposition, brought about some important changes in the management of some of the reformatory institutions of the city, and the police force; and his administration was conducted wisely, efficiently, and fearlessly ; and he undoubtedly ranks as one of the most conscientious, just, able, and best Mayors of Cincinnati. During his mayoralty, he had the pleasure and so-styled honor of inviting to his city and receiving, in an address of welcome, the Prince of Wales, then visiting this country. He was, for many years, a Trustee of McMicken University ; is a Director of the First National Bank; is connected with several insurance companies as a director; is a member of the board of managers of several benevolent institutions ; and, in various ways, by the liberal use of his means and by his active participation, has been greatly bene- ficial to the city. He was a member of the last Consti- tutional Convention of the State, held at Cincinnati in 1873; in 1871, was President of the National Commer- cial Convention, at Baltimore; and is one of the Trust- ees for the Cincinnati Southern Railroad, having occu- pied that position from the organization of the work ; and has not only been largely one of the responsible agents in the construction of thatroad, but was also one of the leading movers in obtaining charters from the Legislatures of Kentucky and Ohio, and in starting the great enterprise. Altogether, he has a record in busi- ness and in public trusts held, of which he may justly feel some degree of personal pride. At the Democratic Convention, held at Columbus, July 25, 1877, he re- ceived the nomination of his party for Governor of Ohio, and was elected, October 9, 1877, to the office of chief executive, the highest in the gift of the people of

the State, by a large majority over the Republican, Judge William H. West. From early manhood he has been a member of the Disciples' or Christian Church ; his father's family being among the first and most de- termined defenders of the movement which resulted in the wide-spread reformation in the old Calvinistic Bap- tist organizations of Kentucky. He has long been not only one of the most consistent and earnest, but also one of the most liberal and influential, members of his Church. From 1859 to 1869, he was President of the Ohio State Missionary Society of his denomination ; succeeded the venerable and distinguished Alexander Campbell as President of the General Christian Mission- ary Convention of his Church, holding that office until 1875; is one of the curators of the famous Bethany Col- lege, of Virginia ; and is President of the Board of Cura- tors of the Kentucky University, established at Lexing- ton in 1865. The latter institution has not only felt the benefit of his ability in its management, but has largely shared his benevolence-he donating at one time five thousand dollars to its Bible College. Although his con- nection with Kentucky University would still, to a great extent, keep him identified with his native State, his business interests have thrown him into constant associa- tion with, and doubtlessly no business man of Cincinnati is so well known to, the men of Kentucky. His Church, in Cincinnati, is largely indebted to him for its flour- ishing condition ; and, in fact, the Disciples' Church throughout the country has had few more generous or worthy defenders. His private life is also without blemish, and is marked by many most admirable traits. In manners, he is free from all tendency to pomp or display; is a plain business man in his style every- where; has been exceedingly active throughout his life; and is disposed to handle any cause he espouses, or any work before him, with all his energy; is always ready to lend a helping hand to any good cause ; is open and outspoken in his dealings, and in the advo- cacy of any cause; is attached to his religious and other principles, but never stoops to unfriendly opposition, or persecution of an opponent, and is too broad to tol- erate such things in another, even when looking to his own party or sect. In person, he is six feet in height, and of dignified and commanding appearance. He was married, May 11, 1834, to Mary Threlkeld, in Fleming County, Kentucky. They have seven living children- three sons and four daughters. Three of their daugh- ters are married. Ella is the wife of W. S. Dickinson, of Cincinnati; Mary A. is the wife of Rev. W. T. Moore, pastor of the Central Christian Church, Cin- cinnati; and Carrie V. is the wife of Charles H. Boaz. His sons are concerned with him in business, and are active and influential members of society. Mrs. Bishop is a woman of great goodness of heart and life, and has doubtless aided. greatly toward her husband's success.

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The Biographical encyclopaedia of Kentucky of the dead and living men of the nineteenth century, Part 124

Author: Armstrong, J. M., & company, pub Publication date: 1878 Publisher: Cincinnati, J. M. Armstrong Number of Pages: 946

Author: Armstrong, J. M., & company, pub
Publication date: 1878
Publisher: Cincinnati, J. M. Armstrong
Number of Pages: 946