b'V^^\\- ^/\xc2\xab^>^ \\--2^^^^" ^^ \n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\xe2\x80\xa2 \\.-^ \n/"-. \n\n\n\n0^ o \xc2\xab * " \xe2\x99\xa6 \n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n^. .^*\' y^^-- U > .>Va- "^<-\xe2\x80\x9e C** .-IQIK\'. -e. A* \n\n\n\n\n\n\n\n\n\n\n^0\' \n\n\n\n\n\n\n\n\n\n\n^^\'\\ \n\n\n\n\n\n\n\n\n\n\n\n\xe2\x80\xa2 \xe2\x80\xa2\xe2\x96\xa0>\' \xc2\xbbi> \n\n\n\n/\xe2\x99\xa6!i:^\'/v /..i^.>o .**\\.i^%v . \n\n\n\n\'\'oV\' \n\n\n\n\n\n\nV*^V** %*^-\'*/ V\'^\'\\/ ^ \n^.\xe2\x80\xa2^\xc2\xbb;:A .^*\\\'^:;^^\\ c\xc2\xb0^\'\'j^\'\\ .^ \n\n\n\nHISTORY OF KENTUCKY \n\n\n\nBY \n\n\n\nELIZABETH SHELBY KINKEAD \n\n\n\n>i*;c \n\n\n\nNEW YORK \xe2\x80\xa2:\xe2\x80\xa2 CINCINNATI :\xe2\x80\xa2 CHICAGO \n\nAMERICAN BOOK COMPANY \n\n\n\n\n\n\nCopyright, 1896, 1909, by \nAMERICAN BOOK COMPANY \n\n\n\nHISTORY OF KENTUCKY \n\n\n\nLIBRARY Of CONGRESS \nTwo Conies Received \n\nAPR 20 190s \n\nCop>\'iiKPii t(Uiy ^ \n; CLAlsi 0^ aXc, No, \n^ COPY fc3. \n\n\n\nTO THE MEMORY OF MY FATHER \n\nWilliam 115ur^ i^infeeaD \n\nFROM WHOM WAS DERIVED \n\nWHATEVER TRUTHFUL UNDERSTANDING OF THE KENTUCKY PEOPLE \n\nTHIS LITTLE BOOK CONTAINS \n\n\n\nPREFACE \n\n\n\nIn the preparation of this book, an attempt has been \nmade to relate the events of practical, everyday life, in \nsuch a manner as to make the study of the history of our \nState a pleasure to the pupil. While adhering to facts \nas closely as they could be ascertained, the aim has been \nthat the whole shall entertain as a connected story. \nSpecial effort has been made to portray the spirit of the \nKenluckians, in order that the student may understand \nand revere the people from whom he is sprung. To \nthis end, more space has been given to their character- \nistics as indicated by tales of particular acts, than to the \nstatistics of battles in which they have taken part. \n\nAs this is a narration of the life of a State, and as the \nconnection of one incident with another is of more im- \nportance in a work of this kind than the grouping of \nkindred topics, the chronological order of development \nhas been followed. \n\nThe subject naturally divides itself into five clearly \nmarked periods. And these lend themselves readily \nto important subdivisions. That portion of the history \nwhich extends to the close of the War of 1812 belongs \nto the poetic stage in the State\'s life; and that which \nfollows, to the prose stage. It has been necessary in \ndeveloping the later prose periods to depart somewhat \n\n5 \n\n\n\n5 PREFACE \n\nfrom the simple method followed when setting forth \nthe early poetic periods. But this seems rather an ad- \nvantage; for if the interest of the pupil is awakened \nat the outset, he will be eager to follow the fortunes \nof his State to the end, and will, it is hoped, patiently \nstudy the more prosaic episodes, in order to get a thor- \nough grasp of the whole. \n\nIt has been my earnest desire that the work should \nbe historically sincere. The difficult aim has been con- \nstantly before my mind to make it impartial in all in- \nstances, and at the same time forceful and inspiriting. \nA Kentuckian, from my infancy I have been imbued \nwith a knowledge and love of the State. And yet, \nhaving grown up in the New Kentucky, in her days \nof quietude, I have been enabled to approach the con- \nsideration of her significant periods with little individual \nprejudice. I have made a laborious and careful study \nof all available material, and I have tried to let the actions \nof the people, as they have been unfolded to me, speak \nfor themselves, and reveal the Kentuckians. It is my \nhope that what I have written will find favor with my \nown people. \' E. S. K. \n\n\n\nCONTENTS \n\n\\\xe2\x80\x94 PIONEER DAYS \n1 669- 1 782 \n\nPAGE \n\nI. First White Men in Kentucky 9 \n\n11. Early Settlements in Kentucky .... 19 \n\nIII. The County of Kentucky 29 \n\nIV. Division of the County 40 \n\nII \xe2\x80\x94 THE STRUGGLE FOR INDEPENDENCE \n\n1782-1792 \n\nV. The District of Kentucky ..... 50 \n\nVI. Beginning of the Struggle 59 \n\nVII. The Spanish Conspiracy 69 \n\nVIII. The End of the Struggle 82 \n\n\\\\\\\xe2\x80\x94 FOUNDING OF THE COMMONWEALTH \n\nI 792-1 850 \n\nIX. Organization of the Government .... 93 \nX. Political Situation in Kentucky . . . .105 \n\nXI. The War of 1812 116 \n\nXII. Local Affairs 127 \n\nXIII. Civil Affairs and the Mexican War . . .141 \n\n7 \n\n\n\n8 \n\n\n\nCONTENTS \n\n\n\nIV \xe2\x80\x94 THE CIVIL WAR \n\n1850-1865. \n\nXIV. The Situation in Kentucky \n\nXV. Kentucky\'s Position of Neutrality \n\nXVI. The Invasion of Kentucky \n\nXVII. The Second Invasion of Kentucky \n\nXVIII. Civil Conflicts \n\n\n\nPAGE \n161 \n\n186 \n196 \n\n\n\nV\xe2\x80\x94 THE NEW KENTUCKY \n\nSince 1865 \n\nXIX. The Restoration of Peace \nXX. The Era of Transition . \n\n\n\n205 \n213 \n\n\n\nConstitution of Kentucky 227 \n\nIndex 273 \n\n\n\nI-#IONEER DAYS, 1669-1782 \n\n\n\nCHAPTER I \n\nFIRST WHITE MEN IN KENTUCKY, 1 669-1 775 \n\nThe history of Kentucky is at once unique and attract- \nive. It begins like a romance, thrilling in tales of heroic \ndeeds and excitino: adventures. From the ^ ^ , , \n\n^ Kentucky\'s \n\nearliest settlement of the State, all through the honored \ncrises in its own life and the life of the nation, \nKentucky has held an honored position, and has produced \nmen of great and noble character. None but the brave \ndared or desired to risk the perils of these untried forests ; \ntherefore, Kentucky was founded by men of forceful \nqualities, remarkable as well for strength of mind as for \nendurance of body. The tide of immigration has passed, \nfor the most part, to the north and to the south of Ken- \ntucky ; hence its present population consists almost exclu- \nsively of the descendants of the early settlers. The men \nwho are prominent to-day are, in the main, sons of fathers \nwhose fathers helped to establish the Commonwealth. \n\nLong ages before Kentucky was discovered, there dwelt \nin the land a race of beings called Mound Builders, on \naccount of the mounds or monuments they The Mound \nerected. Many of these mounds have been ^u^^\'iers \nopened, and have been found to contain bones of human \n\n9 \n\n\n\nlO \n\n\n\nPIONEER DAYS \n\n\n\nbeings and of the mastodon (a gigantic animal now extinct), \nas well as implements of stone, flint arrowheads, and pieces \nof pottery. Until recently, historians believed that these \n\n\n\n\nRelics from Mounds \n\n\n\nremains indicated a people different from, and more civil- \nized than, the Indians ; but modern scientists have con- \ncluded that the Mound Builders were simply the ancestors \nof the present Indians. \n\nAt the time when Kentucky was visited by the first \n\npioneers, it was not the home of Indians, as were many of \n\nthe other parts of America; but it was the \n\nKentucky as ^ \n\nseen by hunting ground and battlefield of neighboring \n\npioneers tribes from the north, the west, and the south. \n\nThe beautiful and luxuriant for- \nests were filled with elk and \n\n\n\n\nbuffalo and varie- ^ \nties of game that \nhave long been extinct. \nBears and wolves, pan- \nthers, tigers, and wild cats \nabounded in the dense undergrowth. \n\n\n\nWild Animals of Kentucky \n\n\n\nFIRST WHITE MEN IN KENTUCKY \n\n\n\nII \n\n\n\nIndian valua \ntion of the \nland \n\n\n\nSeven rivers drain the land, -the Big Sandy, the Lick- \ning the Kentucky, the Salt, the Green, the Cumberland, \nand the Tennessee. Following a northwestward course \nthrough the east, the middle, and the west of the State, \nthese all flow into the Ohio, and thence into the waters \nof the mighty Mississippi. , . , f \n\nThe Indians were by no means ignorant of the value ot \nthis land. They were prepared to resist its permanent \nsettlement \nto their ut- \nmost ability, \nso that the pioneers, or \nfirst white men who \ncame to Kentucky, had \nto contend not only \nwith the wild beasts of \nthe forest but with the \nequally savage Indian \nwarriors. From the \nfierce encounter of \nIndians with Indians, \nand Indians with pio- \nneers, it came about that \nthe State was called \n\'\' The Dark an*d Bloody \n\nThat \'courage which was a necessity to our forefathers \nis still a marked characteristic of the sons of Kentucky. \nThe pioneers were men sent forth by the wis- eo ,__^ \ndom of God to found a new Commonwealth. \nThey went in peace, but with their rifles cocked to defend \ntheir lives from the Indians. \n\nIn the early days of American discovery, some people \n\n\n\n\n12 \n\n\n\nPIONEER DAYS \n\n\n\n\nLa Salle \n\n\n\nbelieved that there was a great river in America leading \nacross the continent to China. The distin- ^. ^ ^.^ \n\nFirst white \n\nguished Frenchman, La Salle, while in search meninKen- \nof this river, in the year 1669 or 1670, passed ^ ^ \n\nthrough a portion of Kentucky from \nthe Big Sandy to the rapids of the \nOhio. As early as 1750, Dr. \nThomas Walker of Virginia led an \nexploring party into Kentucky by \nway of Powell\'s Valley, through the \nmountains in the eastern part of \nthe State, and built a log cabin on \nthe Cumberland River. But the land \ncompany he represented was not \nsuccessful, and he returned home \nwith little knowledge of the coun- \ntry. One year later, Christopher Gist, an agent of the \nOhio Land Company, beheld, stretching out before him, \nfrom some point on the Kentucky River, the impressive \nand beautiful land of Kentucky. There is also a tradition \nthat, in the year 1754, a man by the name of McBride cut \nhis initials on a tree at the mouth of the Kentucky River. \n\nFaint rumors now reached Virginia and North Carolina \nof the fertile land beyond the mountains, and, in the year \nDaniel Boone ^7^9* John Findley piloted Darnel Boone and \nin Kentucky \xc2\xa3q^j. Q^^cr companions into the country which \nhe had visited two years before. These courageous men \nwere not driven by persecution, nor by the need to seek \na livelihood for themselves and their families. Each one \nleft behind him a *\' peaceable habitation," as Boone called \nhis quiet home on the Yadkin, in North Carolina, and \nstarted forth with a rifle in one hand and a hatchet in the \nother, in quest of adventure. \n\n\n\nFIRST WHITE MEN IN KENTUCKY \n\n\n\n13 \n\n\n\nThey pitched their tent on the banks of the Red River (a \nbranch of the Kentucky), and remained peace- \n\nBoone and _ . . \n\nStewart in the fully hunting until late in December. But one \nday Boone and John Stewart, when alone in \nthe woods, were captured by Indians. After seven days \nthey succeeded in \nmaking their es- \ncape, and returned \nto their camp, to \nfind it deserted, no \ntrace being left of \ntheir former com- \npanions. Boone and \nStewart were soon \njoined by Squire \nBoone, a younger \nbrother of Daniel\'s; \nbut shortly after this, \nStewart was killed \nby Indians. The \ntwo brothers, find- \ning that they did \nnot have enough \nammunition, decided that the younger should go back to \nNorth Carolina to supply their need. Daniel was now \nleft alone in the vast forests. \n\nIn July, 1770, Squire Boone arrived with the ammuni- \ntion. The two brothers remained until March of the \nfollowing year, and then returned to North ^jjg Long \nCarolina. Five other adventurers had joined Hunters \nthem in their camp on the Red River. In the year 1769, \na party of about forty men from Virginia and North Caro- \nlina went out on a hunting expedition. Nine of this \n\n\n\n\nDaniel Boone \n\n\n\n14 PIONEER DAYS \n\ncompany, led by Colonel James Knox, reached Kentucky \nthe following year, and explored the country about the \nCumberland and Green rivers. They did not come in \ncontact with Boone\'s party. From the length of time all \nthese adventurers were absent from home, they were \ncalled "The Long Hunters." \n\nUp to the year 1763, France had claimed the country \non the east of the Mississippi which included Kentucky. \nConflicting After the French and Indian War, Great \nclaims Britain gained the right to this region. But \n\nbecause of prior possession, various tribes of Indians laid \nclaim to the country. In the year 1768, the English gov- \nernment purchased from the tribes of Indians called the \nSix Nations the title to all the lands lying between the \nOhio and Tennessee rivers. This treaty was held at Fort \nStanwix, now Rome, in New York. \n\nBounty lands on the Ohio River were then granted to \nmany of the officers and soldiers of the Virginia troops, \nSurveyors sent ^^^ Surveyors were sent to mark them out. \nto Kentucky Thus were brought to Kentucky many of the \nclever and gallant young men of Virginia whose names, \nor those of their descendants, afterwards became asso- \nciated with the history of the State. \n\nTwo interesting characters of this period were Han- \ncock Taylor and John Floyd. .They were deputies under \n\n, ^ Colonel William Preston, surveyor of Fin- \nHancock Tay- _ \' ^ -^ \n\nlor and castle Countv, Virginia, of which Kentucky \n\nJohn Floyd . .-i ^ t-i ^ ^ j \n\nwas a part until 1776. these men started \nforth in the high hopes of their young manhood, to survey \nthe far-famed lands of Kentucky. Honor and wealth lay \nbefore them, and all the exciting pleasures of a perilous \nundertaking. The one was shot down by Indians a few \nmonths after his arrival ; the other lived nine years \xe2\x80\x94 \n\n\n\nFIRST WHITE MEN IN KENTUCKY \n\n\n\n15 \n\n\n\nlong enough to establish his family in Kentucky, and to \naid in founding the new country \xe2\x80\x94 and then he fell a \nvictim to the same death. \n\nThere were other surveyors in the early days of Ken- \ntucky to whom a romantic interest attaches. Captain \nThomas Bullitt, of Virginia, at the head of a \nparty, in 1773, made surveys of land for Dr. \nJohn Connolly, at the falls of the Ohio, where the city of \nLouisville now stands. Close upon his explorations fol- \n\n\n\nOther surveyors \n\n\n\n\nEarly Kentucky Settlers \n\n\n\nlowed those of James Douglas, who visited Big Bone Lick, \nwhere he found scattered on the ground the bones of the \nmastodon, whose huge ribs he used for his tent poles. The \nscholarly John Todd, later to be noticed, and his brother \nLevi, came to Kentucky in the same capacity, as did also \ntwo representatives of the Lee family of Virginia. \n\nThe same year, there came into Kentucky a party of \nhunters and surveyors from Virginia, led by three brothers, \nJames, George, and Robert McAfee, who later on became \n\n\n\n1 6 PIONEER DAYS \n\nprominent in the new country. This visit was for investiga- \ntion, and after selecting lands on the Salt River, in Mercer \nCounty, they made their way homeward, well- \n\nThe McAfees j ^ J j \' \n\nBoone, and \' nigh exhausted by the trials of the journey. \nIn Powell\'s Valley they met a large party \nwhich Daniel Boone was guiding into Kentucky. The life \nin the wilderness was so delightful to Boone that he deter- \nmined to make his home there. On the 25th of Septem- \nber, 1773, he set out with his wife and children, and was \njoined by five other families and forty men besides. Their \nprogress was interrupted, however, on the very thresh- \nold of Kentucky soil by an Indian attack, and six of the \ncompany were killed, Boone\'s son being one of the num- \nber. This so disheartened the pioneers that they turned \nback toward their old homes. \n\nThe same year, Simon Kenton roamed through Ken- \ntucky. The following year, James Harrod and forty men \nIndian hostiii- built themsclvcs cabins and laid off the town \n^^^^ of Harrodsburg, which, however, they were \n\nsoon obliged to abandon. Shortly afterward. Governor \nDunmore of Virginia sent Daniel Boone and Michael \nStoner to guide out of the wilderness the surveyors who \nwere in Kentucky. The Shawnee Indians had become so\' \nhostile to the settlement of Kentucky that it was danger- \nous for any white man to remain there. They were now \ngathering under their great chief. Cornstalk, for the blood- \niest conflict that ever occurred between the whites and \nthe Indians. \n\nThe battle of Point Pleasant took place the lOth of \nBattle of Point October, 1774, near the mouth of the Kanawha \nPleasant River. The white forces were collected \n\nby General Andrew Lewis, but the latter took no per- \nsonal part in the fight, being occupied with superintending \n\n\n\nFIRST WHITE MEN IN KEN lUCKY 1 7 \n\nthe erection of certain breastworks, necessary for the en- \ncounter. The forces consisted mainly of sturdy Scotch- \nIrish from Virginia, under the command of Colonels \nCharles Lewis, William Fleming, and John Field. They \nwere joined by two companies of brave men from beyond \nthe Cumberland Mountains, who were eager to avenge the \ninjuries they had suffered from the Indians ; one of these \ncompanies was under the command of Captain Russell, \nand the other under Captain Evan Shelby, who, with his \nfifty volunteers from the Watauga settlement, in North \nCarolina, hurried forward to the encounter. The attack was \nopened upon the division of Colonel Charles Lewis, but \nhe was soon mortally wounded. In quick succession, the \ntwo remaining colonels, William Fleming and John Field, \nwere cut down, the one being wounded, the other slain. \nThe command then fell to Captain Shelby. \n\nFrom sunrise the battle raged fiercely. Victory wavered \nbetween the two sides. Many had already fallen, when, - \ntoward noon. Cornstalk determined to outflank Result of the \nthe whites and, by a bold movement, to end \nthe conflict. But just at this time, Isaac Shelby, then a \nyoung lieutenant left in charge of his father\'s company, \ndetermined also to make a flank movement against the \nIndians. He took with him two other companies, com- \nmanded by James Stewart and George Matthews. They \ncrept through the underbrush, along the banks of the \nKanawha, and surprised the enemy in the rear. The \nIndians became alarmed and began to retreat. The fight- \ning, however, did not cease until near sunset. The victory \nthus gained by the whites was of the utmost importance \nin the settlement of Kentucky. Shortly afterward, the \nShawnees entered into a treaty with Governor Dunmore, \nof Virginia. They gave up all their title to the lands \n\nKENT. HIST. \xe2\x80\x94 2. \n\n\n\nPIONEER DAYS \n\n\n\nsouth of the Ohio River, and promised not to molest the \nwhite men further. Peace now reigned for a time, and \nthe pioneers were enabled to make their homes in Ken- \ntucky. \n\nRECAPITULATION \n\n\n\nKentucky\'s romantic history. \n\nInteresting relics found in ancient \nmounds. \n\nMound Builders the ancestors of \nIndians. \n\nNo Indian homes found in the region. \n\nThe region the Indian hunting \nground. \n\nA valuable region. \n\nIndians determined to resist its set- \ntlement. \n\nThe courage of the pioneers. \n\nLa Salle in Kentucky in 1669 or \'70. \n\nWalker, Gist, and McBride come be- \nfore 1754. \n\nFindley guides a party in 1769. \n\nBoone and Stewart captured. \n\nThey escape, to find their camp de- \nserted. \n\nThey are joined by Squire Boone. \n\nStewart is killed by Indians. \n\nSquire Boone goes home and returns. \n\n\n\nThe brothers leave in 1 771. \n\nThe Long Hunters. \n\nGreat Britain gains the region in 1763. \n\nAlso, she buys it from the Six Nations. \n\nFloyd, Taylor, and other surveyors \n\nsent to Kentucky. \nThe McAfee brothers. \nBoone\'s party attacked by Indians. \nSimon Kenton visits Kentucky. \nJames Harrod lays off Harrodsburg. \nIndian hostilities force the surveyors \n\nto leave. \nIndians gather under their great \n\nchief, Cornstalk. \nThe battle of Point Pleasant. \nColonels Lewis, Field, and Fleming \n\nkilled or wounded. \nCaptain Evan Shelby commands. \nFlank movement against the Indians. \nThe whites gain a significant victory. \nDunmore\'s treaty secures peace for a \n\ntime. \n\n\n\nCHAPTER II \n\nEARLY SETTLEMENTS IN KENTUCKY, 177S-1776 \n\nIn the year 1775, permanent homes were made in Ken- \ntucky. James Harrod and his company \'came back to \ntheir cabins, which they had been forced to Permanent \nleave by Indian hostiUties, and the McAfees stations \nreturned to their settlement on the Salt River. Not far \nfrom Harrodsburg, Benjamin Logan, with a few slaves, \nerected a station, to which he brought his family during \nthe following year. A most important aid to the settle- \nment of the country was the road Daniel Boone cut from \nCumberland Gap to the fort m Madison County which \nbore his name. \n\nFar and wide was spread Boone\'s glowing account of \nthe unknown region ; and though he did not succeed in \nfiring very many with a desire to brave the \nperils of its untried forests, the news soon account of the \nreached some of the influential and wealthy \nmen of North Carolina, who quickly foresaw the vast riches \nand power which might be theirs if they could gain pos- \nsession of it. \n\nWe have already seen that the Six Nations had sold \nto the English their title to that vast area of country \nwhich included the present State of Kentucky, saie of Indian \nand that after the battle of Point Pleasant, the ^\'^^^^ \nShawnee Indians, also, had renounced their right to the \nregion. But such was the lawless and unstable condition \n\n19 \n\n\n\n20 PIONEER DAYS \n\nof Indian possessions that the ownership seemed to rest \nwith that nation which had gained the latest victory in \nthe tribal wars. Thus the Cherokees, likewise, asserted \na claim to the land. \n\nCaptain Nathaniel Hart, of North Carolina, formed a \ncompany, known as Henderson and Company (consisting \nHenderson and of himself, his two brothers, and six others), to \nCompany purchase this Cherokee title. They chose \n\nColonel Richard Henderson as their legal head. Across \nthe country, a distance of about three hundred miles, Hart \nand Henderson went to hold a conference with the Indians \nat their villages beyond the Alleghany Mountains. The \nIndians promised to consider the matter, and sent a com- \nmittee to examine the goods to be given in exchange for \nthe land. These proved satisfactory, and a place of treaty \nwas determined upon. On the 17th of March, 1775, \ntwelve hundred savage warriors assembled at the Sycamore \nShoals of the Watauga River. The nine members of the \ncompany were there, and all the men, women, and children \nof the settlement gathered to hear the decision of the \ncouncil. When the Indian chiefs finally decided, after \nmuch speech-making on both sides, to sell to the whites \ntheir "hunting ground," \xe2\x80\x94 about seventeen million acres \nof land, \xe2\x80\x94 for the consideration of ten thousand pounds \nsterling, there was great rejoicing. \n\nThe land bought by the company lay on the other side \nof the mountains; and though it was covered with wide- \nspreading forest trees, they gave it the pic- \nTransyivania turcsque and not inappropriate name of Tran- \n\nin America , . , 7,7 r <-r>i r \n\nsylvania, beyond the ivoods. 1 he purpose oi \nthe company was to found a colony of which they should \nbe the proprietors, and to sell lands to persons desiring to \nmake their homes in the region. The scheme was brilliant \n\n\n\nEARLY SETI\'LEMENTS IN KENTUCKY 21 \n\nand gigantic ; and though it was soon abandoned, it had a \nmost important inliuence on the future of the State. The \nproprietors were all educated men, who attracted to the \ncountry other men of ability. \n\nDaniel Boone was sent ahead to open a road for the \nproprietors. The trace then cut was later widened into \nthe famous Wilderness Road,^ one of the two \n\n, . , r n 1 Boone\'s road \n\nways (the other bemg by means of flatboats \ndown the Ohio) by which there entered Kentucky the \nbrave men and women who laid the foundations of the \nState. Colonel Boone\'s company consisted of about \ntwenty-two men, and they were joined by a party of \neight, under the leadership of Captain William Twetty. \nTheir task was not so difficult as it was perilous, and just \nbefore it was completed their courage was put to the test. \nOne morning, while they still lay asleep in camp, they \nwere attacked by Indians. Two of their number were \nkilled, and one was wounded so seriously that he could \nnot be moved immediately. With that spirit of heroism \ninspired by the times, several of the men remained with \ntheir wounded comrade at the risk of their lives, while the \nothers went on ahead about fifteen miles, to select a site \nupon which to erect a fort. \n\nWhen the proprietors arrived, they found three stations \nbesides Boonesborough already settled in the country. \nThey called for an election of delegates from ^^ ^ \n\nJ _ *=* The Boones- \n\nthese, in order that laws might be made for borough \nthe government of the colony. Twelve dele- \ngates were duly elected and sent from Harrodsburg, Boil- \ning Springs, and St. Asaph\'s or Logan\'s Station, and six \n\n\n\n1 The Wilderness Road. By Thomas Speed. Filson Club Publication \nNo. 2. \n\n\n\n22 \n\n\n\nPIONEER DAYS \n\n\n\nwere elected for Boonesborough. This first legislative \nassembly held west of the Alleghanies met at Boones- \nborough, May 23, 1775, under the branches of a mighty \nelm which could comfortably shelter in its shadow one \nhundred people. The parliament passed nine laws to the \nsatisfaction of all concerned, and adjourned to meet the \nfollowing autumn ; but it never again assembled. \n\nThe independent settlers in the country soon became \ndissatisfied, and asked Virginia to take them under her \nprotection. Accordingly, in 1778, the legislature of that \nState annulled the purchase of the Transylvania propri- \netors ; but in order to compensate them for their loss, she \ngranted them 200,000 acres of land, and gave good titles \nto all those who had bought lands from the company. \n\nThe structure Boone and his men erected at Boones- \nborough was the first rnilitary fortification on Kentucky \nTheBoones- soil, and it proved a very secure stronghold \nborough fort against the unskilled attacks of savages. It \nwas laid out as a parallelogram, inclosed by posts sharp- \nened at the end \nand driven firm- \nly into the \nground. At the \nfour corners \nwere built \nstrong two-story \nlog cabins with \nwindows which looked out \non the open space or court -\'^ 3C^ \nof the inclosure. The sides \nwhich faced the forest had no \nwindows, but only loopholes \nthrough which the pioneers could fire at their enemies. \n\n\n\n\nFort at Boonesborough \n\n\n\nEARLY SETfLEMENTS IN KENTUCKY \n\n\n\n23 \n\n\n\nThe furnishings of the cabins were very rude, \xe2\x80\x94 a bed \nin one corner made of upright forks of trees, on which \nrested poles whose ends were thrust into holes \n\n^ The furnish- \n\nin the wall of the building, and on these poles ingsofthe \n\nwere thrown for mattress and covering the \n\nskins of wild animals ; a rough-hewn dining table, and \n\na few three-legged wooden stools. The windows were \n\ncovered with paper saturated with bear\'s oil, through \n\nwhich the light penetrated, and an air of cheerfulness was \n\ngained by the huge fireplace which stretched nearly across \n\none side of the room. \n\nShortly after the fort was completed, in September, \n\n1 775, Daniel Boone brought his wife and daugh- \n\nPioneer women \' \' -" \xc2\xbb o \n\nter to Kentucky. At Harrodsburg, also, Hugh \nMcGary, Richard Ho- \n\n\n\ngan, and Thomas Den- \nton settled with their \nfamilies. In Novem- \nber of this year, John \nMcClellan brought his \nfamily into Kentucky, \nand, in company with \nColonel Robert Patter- \nson, built a station which \nwas named McClellan\'s. \nHere, fifteen years later, \nthe town of Georgetown \nwas incorporated. With \nthe coming of the \nwomen, home life began \nin the wilderness, with \nall of its hardships, its \nperils, and its inspiriting \n\n\n\n\nA Backwoods Girl \n\n\n\n24 \n\n\n\nPIONEER DAYS \n\n\n\nadventures. The women stood side by side with the men, \nand suffered and grew strong, labored and prospered, with \nthem. To-day we look back to their lives of unselfish \ndevotion, and are thrilled by admiration for their courage. \nThere are no wild beasts for us to fight, no Indians, no \ndangers from hunger and cold. But if we would be \ntrue children of brave ancestors, there is a battle to enter \nfar harder and more worthy of victory than any they were \ncalled upon to wage \xe2\x80\x94 a battle for the honor and purity \nof our own lives and of the State. \n\nDaniel Boone can in no way stand as a type of the early \nKentuckians. They were far more remarkable and clever \nmen. He did not feel himself inspired by character of \nany high motive, though he was always kind ^^"^^^i^oo^\xc2\xae \n\nand courageous. He \nsought the unpeopled \nlands of Kentucky \nbecause he loved the \nwild life of the woods. \nWith the "coming of \ncivilization, he de- \nparted. But he was \nan instrument in the \nhands of God to open \nthe way for the foun- \ndation of a great State. \nBy the side of Dan- \niel Boone there towers \nanother picturesque \nfigure, Simon Kenton, \nfamous \n\nSimon Kenton \n\nas an In- \ndian scout, and the hero of many startling adventures. \n\n\n\n\nSimon Kenton \n\n\n\nEARLY SETTLEMENTS IN KENTUCKY \n\n\n\n25 \n\n\n\nHis manhood began with a tragedy. He loved a girl who \nwas won by his friend. He fought a duel with his rival, \nand, believing that he had killed him, fled from his old \nhome in Virginia, and under another name tried to forget \nhis deed in the wilderness of Kentucky. But he could \nnot forget. The burden of that thought weighed heavily \n\n\n\n\nRunning the Gauntlet \n\n\n\nupon his naturally kind and simple-hearted nature. Long \nyears afterward, he ventured to return to Virginia to visit \nhis family and to bring them to Kentucky. To his over- \nwhelming joy, he found the man he supposed he had \nkilled, alive and ready to be his friend. \n\nOnce he was captured by Indians. Eight times he was \nmade to run the gauntlet ; that is, to run down a long line \nof Indian men, women, and boys, each armed with a tom- \n\n\n\n26 PIONEER DAYS \n\nahawk, club, or switch, with which the runner was struck. \nThree times he was tied to the stake to be burned aUve, \nand every time he was saved through some unexpected \ndeUverance. . By his daring coolness, he filled even the \nIndians with terror, and thus he aided much in the settling \nof the new country. But he, too, like Boone, passed away \nbefore the advance of civilization in Kentucky. \n\nFor the most part, the pioneers of Kentucky were from \n\nthat unsurpassed race of people, the Scotch-Irish, who \n\nsettled in the valley of Virginia, and then \n\nof the spread out into the neighboring States. Their \n\nKentuckians . , \xe2\x80\x9e ^ \xe2\x80\x9e , \n\nancestors had suffered religious persecutions \nin the Old World, and the pioneers brought into the rich, \nfree land of Kentucky an intense love of God, of liberty, \nand of education, \xe2\x80\x94 three important factors in the great- \nness of a nation as well as of an individual. Such men, \nseeking homes and prosperity for their children, were not \nto be daunted even by the fury of the savages. \n\nOccasionally, the faint-hearted would grow, weary of the \nhardships and dangers, and would depart ; but they left \nbehind them the strong and brave who were worthy to be \nHealthful life the posscssors and founders of the beautiful \nof the pioneers ^^^^ country. The men could not safely plant \nthe crops,\' nor could the women milk the cows, except \nunder the protection of armed guards who stood ready/ \nfor the attacks of Indians ; yet none the less they perse- " \nvered in their determination to remain. An existence of \nhealthful work with a steadfast purpose made them cheer- \nful. The children played, and the young people laughed \nand were happy, although the only variety in their lives \nwas the dread of a surprise or an occasional Indian raid. \n\nOne day in the summer of 1776, Jemima Boone and \nthe two daughters of Colonel Richard Callaway were out \n\n\n\nEARLY SETTLEMENTS IN KENTUCKY \n\n\n\n27 \n\n\n\non the Kentucky River, in a canoe, when they were cap- \ntured by five Indians. The girls tried to beat a romantic \noff the savages, while they screamed for help. ^p^^\xc2\xb0*^\xc2\xae \nBeing unsuccessful in their efforts, they dropped broken \ntwigs or torn bits of their gowns to mark the way they \nwere carried. Boone and Floyd, with a party of men \n\n\n\n\nBeating off the Savages \n\n\n\nfrom the fort, went in pursuit. They searched for two \nnights and days, but did not overtake the Indians until \nthey had gone about forty miles from Boonesborough. \nThere they found the girls, thoroughly frightened, but \nunharmed. It is entertaining to learn that three weeks \nlater the first wedding upon Kentucky soil took place \nwhen Squire Boone united in marriage Betsy Callaway, \nthe eldest of the girls, and young Samuel Henderson, one \nof the rescuing party. \n\n\n\n28 \n\n\n\nPIONEER DAYS \n\n\n\nRECAPITULATION \n\n\n\nPermanent homes in Kentucky. \n\nHarrod and his company return. \n\nThe McAfees again at their station. \n\nBoone\'s account impresses influential \nmen of North CaroHna. \n\nTheir desire to buy the region. \n\nThe Cherokees\' claim. \n\nHart and Henderson form a com- \npany. \n\nColonel Henderson elected presi- \ndent. \n\nConference with Indians at Wa- \ntauga. \n\nIndians sell their hunting ground. \n\nColony of Transylvania in America. \n\nBoone cuts the Wilderness Road. \n\nHis company attacked by Indians. \n\nBoonesborough fort erected. \n\nArrival of the proprietors. , \n\nOther stations previously settled. \n\nDelegates appointed to frauie laws \nfor the colony. \n\n\n\nBoonesborough parliament meets, \n\nMay 23, 1775. \n\nThe proprietors\' purchase annulled. \n\nThe compensation made by Virginia. \n\nThe Boonesborough fort, a strong \nfortification against Indians. \n\nThe rude furnishings of the cabins. \n\nDaniel Boone\'s family arrive. \n\nOther families come to Harrodsburg. \n\nMcClellan\'s station built. \n\nPioneer women. \n\nCharacter of Daniel Boone. \n\nSimon Kenton\'s adventures. \n\nThe pioneers mostly Scotch-Irish. \n\nCharacter of the early Kentuckians. \n\nHealthful and happy life in the wil- \nderness. \n\nIndian raids the only variety. \n\nCapture of Jemima Boone and the \nCallaway girls. \n\nTheir rescue by Boone and Floyd, \n\nFirst marriage on Kentucky soil. \n\n\n\nCHAPTER III \n\nTHE COUNTY OF KENTUCKY, 1 776-1 780 \n\nAlthough it was not until 1778 that the title of the \nTransylvania Company was legally annulled, it had long \nbefore ceased to be considered valid. On the Kentucky \n4th of July, 1776, the Continental Congress county \nadopted the Declaration of Independence, and \nin December of that year Kentucky ^ County was estab- \nlished by Virginia. Before this time, the region was \na part of Fincastle County, Virginia, and so remote a part \nthat the settlers had no voice in the government of the \nState. But now they were entitled to choose for them- \nselves two representatives to the Virginia legislature, \nand to have local courts of justice and military pro- \ntection. The change brought greater stability to the \ncolony. Harrodsburg was selected as the county seat, \nand the first court was held there in September, 1777 \nIt was composed of the ablest men of the time. Among \nthe number were John Floyd, John Todd, Benjamin Logan, \n\n1 After the Transylvania Colony was abolished, the name \xe2\x80\xa2\' Kentucky " was \nadopted by the pioneers. "Kentucky is from the Iroquois word Kentake, \nmeaning prairie or meadow land. The name probably originated in those \ntreeless stretches of country between the Salt and Green rivers, which our \nancestors called barrens. The Indians in early times burnt the trees off these \nlands and then designated them by Kentake, meaning the meadow or prairie \nlands."\xe2\x80\x94 Centenary of Kentucky^ by R. T. Durrett; Filson Club Publication \nNo. 7. \n\n\n\n30 \n\n\n\nPIONEER DAYS \n\n\n\nJohn Bowman, and Richard Callaway, all men of character, \nwho became distinguished in the pioneer struggle for exist- \nence. Levi Todd was appointed clerk, and John Bowman \ncolonel of Kentucky County. \n\nFor the next two years, the different stations were dis- \nRepeated turbed by frequent raids from Indians, which, \n\nIndian raids however, did not result in any serious" loss of \nlife to the whites, but proved extremely distressing to the \n\n\n\n\n/ \n\n\n\n\n\n\n\n\n\n\n\n\n\nFleeing from the Indians \n\n\n\nwomen and children and unfavorable to the growth of the \ncountry. Harrodsburg was first attacked, and then, in \nquick succession, Boonesborough and Logan\'s fort. An \nincident in connection with the latter siege is worthy of \nremembrance, as it illustrates the sagacious heroism of \na man whose every act was honorable and courageous. \n\n\n\nTHE COUNTY OF KENTUCKY \n\n\n\n31 \n\n\n\nIn the spring of 1777, some women were milking cows \noutside the fort, guarded by armed men, when they were \nfired upon by Indians. All fled toward the Logan\'s \nfort, but one man was killed, another slightly i^eroism \nwounded, and a third so severely injured that he was unable \nto escape. The Indians left him where he fell, while they \nlurked within gunshot. Secure of his scalp, they hoped \n\n\n\n\nLc: \n\n\n\nmg his comrade \n\n\n\nto entrap others who might venture to his rescue. In- \nside the fort his wife and children wailed in apprehen- \nsion for his fate, and still none dared face the certain death \nof going to his assistance. When twilight came on, Logan \ntied over his body the loose feather bed his wife had \nbrought from Virginia, and getting down on all fours he \ncrept outside the fort, grunting like one of the hogs which \nroamed around the inclosure. Suddenly he seized the \nwounded man, and darted toward the fort, before the sur- \n\n\n\n32 PIONEER DAYS \n\nprised and puzzled Indians had time to recover sufficiently \nto take sure aim at him. Balls and arrows flew about him, \nbut he and his companion reached the fort in safety. \n\nThe Indians continued their resistance to the settle- \nment of Kentucky, and yet the population slowly grew. \nIndian Boonesborough suffered a second attack, July, \n\nhostilities I\'j\'j\'j. At this time there were only twenty- \n\ntwo fighting men to defend the fort; but toward the end \nof the year that station was increased by fifty men and \ntheir famihes, and Logan\'s fort had an addition of thirty- \neight families. There were now between five hundred and \nsix hundred people in Kentucky ; and only the stout- \nhearted came, for it was known that the Indians were \npowerfully aided by the English in their warfare upon the \nKentuckians, and that it would probably be long continued. \n\nWe have seen that the country west of the Alleghanies \nand east of the Mississippi had been in the possession of \nthe French, who began to settle it as early, probably, as \nThe British 1 688, after the celebrated La Salle (who made \naid the Indians explorations there) had returned to his native \nland with accounts of the great river and the fertile \ncountry. Later on, a conflict arose between the French \nand English colonists in North America that developed \ninto what is called the French and Indian War. After a \nlong and fierce struggle, the French surrendered to the \nEnghsh in 1763. The old French villages, Kaskaskia, \nCahokia, etc., in Illinois, and Vincennes, on the Wabash, \nwere fortified by the conquerors, and, at the outbreak of \nthe Revolution, these posts were the military strongholds \nof the Enghsh king. It was from them that the Indians, \nwho had allied themselves with Great Britain against the \nAmericans, received the supplies which enabled them to \nbesiege the Kentuckians. \n\n\n\n\nGeorge Rogers Clark \n\n\n\nTHE COUNTY Ol- KENTUCKY 33 \n\nGeorge Rogers Clark had been contemplating an attack \nupon these British possessions that would subdue the \npower of the Indians, and open the \nwest to the Americans. About this \ntime he received an order from the \nVirginia legislature to lead his expe- \ndition into the Illinois coun- \n\nGeorge \n\nRogers Clark\'s try, as that region was then \nexpedition ^^^^^^^^^1^ called. Clark \n\nhad visited Kentucky in 1776, and had \ndetermined to throw in his fortunes \nwith that colony. He was a young \nVirginian of striking bearing and bold, unwavering char- \nacter. He possessed precisely the order of talent fitted \nfor the expedition to which he was called. His plan of \nconquering the Illinois country was adroit and vigorous. \nHis victorious march froin Kaskaskia to Cahokia, and \nthe final capture of Vincennes, February 25, 1779, distin- \nguished him as a man of high military genius. An account \nof these campaigns belongs properly to the history of the \nUnited States. Their result, however, was of inestimable \nbenefit to the settlers in Kentucky and they rejoiced in \nthe glory attending them; for most of the men who \nserved with Clark either had lived in Kentucky or in- \ntended to make their homes there. John Todd, already a \nprominent Kentuckian, was made county lieutenant or \ngovernor of the Illinois country. \n\nWhen Clark and his troops came down the Ohio in flat- \nboats, on their way to the Illinois country, they brought \nwith them about twenty families who intended ^larkthe \nto settle in Kentucky. They landed upon a ^^^^^I\'^^l \nsmall island at the Falls of the Ohio, May 27, \n1778, and proceeded to erect a fort. Here they remained \n\nKENT. HIST. \xe2\x80\x94 3 \n\n\n\n34 \n\n\n\nPIONEER DAYS \n\n\n\nuntil the following autumn, when they removed to the \nmainland and built a fort at the foot of the present Twelfth \nStreet. In 1780, this settlement, which grew to be the \nlargest city in the State, received the name of Louisville. \nOn Christmas day a party was given in the old Twelfth \nStreet fort. Everybody assisted. They called it a house- \n\n\n\n\nA Christmas \'Party \n\nwarming, and they made merry together, dancing the \nVirginia reel to the music of an old negro fiddler. \n\nWhile Clark and his Kentucky captains were carrying \non their conquests in the West, a very important event had \ntaken place at home. In February, 1778, \nBoone and twenty-six men, who had gone to \nthe Blue Licks to make salt for the different stations, were \n\n\n\nBoone\'s cap \nture \n\n\n\nTHE COUNTY OF KENTUCKY \n\n\n\n35 \n\n\n\ncaptured by a party of Indians on their way to attack \nBoonesborough. The Indians were so elated with their \nprize that they abandoned the idea of going to Boones- \nborough, for the time, and returned in triumph with their \nprisoners, to their village, Chillicothe. There Boone re- \nmained until early in the following June, when the savages \nagain assembled to carry out their delayed plan. Then he \n\n\n\n\nEoone"s Escape \n\ndetermined to escape, and to warn his fort, whatever might \nbe the danger to himself. He reached his friends, un- \nharmed, in four days, after a journey of i6o miles, during \nwhich he had but one meal. \n\nBoone\'s escape delayed, for several weeks, the plan of \nthe Indians; but on the 8th of August, a formidable band \nof savages, painted and bedecked with all their giege of \nwar equipments, and with French and British Boonesborough \ncolors flying, surrounded the fort. They were commanded \n\n\n\n36 PIONEER DAYS \n\nby a French officer, Captain de Quindre, who demanded, \nin the name of his Britannic Majesty, the surrender of the \ngarrison. Strange to relate, two days were granted for \nthe consideration of this proposition, during which time \nall the horses and cattle were collected in the fort, and \nthen Boone announced, with many jeers at the discom- \nfited captain, that they were ready to defend their fort \nwhile a man was living. \n\nDe Quindre now determined to entrap Boone, if possible. \nHe asked him, with eight other men, to come outside the \nDe Quindre \'s fort to treat with him, and this was agreed to. \n\'\xe2\x96\xa0"^^ But before the conference was over, the cun- \n\nning officer said that it was a custom, when concluding a \ntreaty, for two of the Indians to shake the hands of each \nwhite man. Thereupon two powerful Indians seized \nBoone and his men with the intention of capturing them ; \nbut the hardy Kentuckians wrung themselves free and \nfled into the fort. Soon the firing began. The Indians \nmade an unsuccessful attempt to burn the fort, while \nde Quindre ordered a trench dug to undermine its walls ; \nbut his purpose was discovered in time and frustrated. \n\nThe siege lasted nine days. The stoutest hearts were \ntried, but no one thought of surrendering. On the 20th \nResult of the day of the month, the warriors took their de- \n^^^2^ parture. Only two men among the whites \n\nwere killed and four were wounded. The Indians prob- \nably suffered no greater loss ; but they were discouraged \nby the resistance of the garrison, and never again at- \ntempted an attack upon Boonesborough. Clark\'s victories \nin the West, coming about this time, weakened the power \nof the Indians and inspired confidence in the hearts of \nthe Kentuckians. Immigrants streamed into the country, \nand new stations sprang up everywhere. \n\n\n\nTHE COUNTY OF KENTUCKY \n\n\n\n37 \n\n\n\nNews traveled slowly into the wilderness in those days; \nbut the spirit of the pioneers was in ardent sympathy with \nthe great struggle for independence which was Founding of \ngoing on beyond their borders. In April, Lexington \n1779, Colonel Robert Patterson, in company with James \nMasterson, the McCon- \nnels, Lindseys, Morri- \nsons, and others, began \na settlement in the most \nbeautiful part of the \nBlue Grass Region, to \nwhich the name of Lex- \nington was given, in \nhonor of the first battle \nof the Revolution. \n\nThe same year, in \nMay, the land laws \nwere passed by the legis- \nlature of Virginia, and \ncommissioners were ap- \npointed to consider all \nclaims and settle all disputes on the subject. The court \nwas opened at Logan\'s fort, October 13, 1779, with Wil- \nliam Fleming, Edmond Lyne, Tames Barbour, \n\n^ , . . Land laws \n\nand Stephen Trigg as commissioners, and John \nWilliams as clerk. The bold hunter, whose greatest desire \nhad been for romantic adventure, was now joined by the \nspeculator, who sought fortune in the new country \xe2\x80\x94 \nVirginians, largely, in whom the love of land was bred as \na passion. \n\nAltogether, the year 1779 was a notable one in the his- \ntory of Kentucky. But following close upon its growth \nand prosperity came what is known in the annals ol \n\n\n\n\nRobert Patterson \n\n\n\n38 \n\n\n\nPIONEER DAYS \n\n\n\nthe State as the "Hard Winter." Unmelting snows lay \ndeep over the land. Horses and cattle perished, and \nThe "Hard even the wild animals shrunk to the bones. \nWinter" Only the bears, living in the hollows of trees, \n\nwithstood the severity of the cold. Life in the roughly \nbuilt cabins of the pioneers was trying during the mildest \nof winters ; but it was torturing now. Because of the in- \ncreased population, the supply of corn gave out. The \nonly food was lean game, which was secured with the \ngreatest difficulty. But the sufferings of the travelers \nwho had been overtaken by the storms on their way to \nKentucky were even greater. Crowded into the cabins, \nthe settlers could manage to have some amusement for the \ntime and could hope for the future. The women spun and \nwove, and the men made the utensils necessary for daily \nuse. They turned their attention, also, to the education of \ntheir children. During this winter, a school was opened \nat Boonesborough by Joseph Doniphan. \n\nAs early as 1776, Mrs. William Coomes taught a school \n\nin the fort at Harrods- \nburg. She had no text- \nbooks. Smooth boards \nof wood were used for \npaper, and the juice of \noak balls for ink. The \nchildren learned to write \nand work ex- First schools in \n\namples from Kentucky \n\ncopies set them by the \n\nteacher. When they could \n\nread, they had Bibles \n\nLittle private schools of this \n\nto read and write \n\n\n\n\nA Schoolhouse in the Backwoods \n\n\n\nand hymn books to study \n\nkind, where the pupils were taught \n\n\n\nTHE COUNTY OF KENTUCKY \n\n\n\n39 \n\n\n\nand calculate, were opened in the different stations. Per- \nhaps the children studied as hard (being grateful for any \nopportunity to learn) as the boys and girls do to-day, who \nhave cultured teachers and attractive text-books. \n\nThe spring brought many men of talent and education \nto Kentucky ; it brought, also, continued warfare with the \nBritish and Indians. Captain Henry Bird, a capture of \nBritish officer, with six hundred Canadians Mart/n\'s^"^^ \nand Indians, invaded the settlements on the stations \nLicking River, June 22, 1780, and captured Ruddle\'s and \nMartin\'s stations. These garrisons offered no resistance \nto an army so formidable in numbers and supplied with \nartillery. Everything valuable that the forts contained \nwas carried off by the savages. The inhabitants were \ncaptured and taken to the Northwest, where they were \nscattered among the Indians. Many of the women who \ncould not travel fast enough were tomahawked. \n\n\n\nRECAPITULATION \n\n\n\nKentucky County established. \nHarrodsburg the county seat. \nMen of ability compose the first court. \nIndians attack Harrodsburg, then \n\nBoonesborough. \nLogan\'s fort attacked. \nSecond attack of Boonesborough. \nPopulation increases. \nThe British aid the Indians. \nClark\'s expedition. \nHis military genius. \nHe conquers the Illinois country. \nJohn Todd made governor of the \n\nIllinois country. \nClark the founder of Louisville. \nChristmas party at Louisville. \nBoone and others captured at the \n\nBlue Licks. \n\n\n\nA third siege of Boonesborough \n\nplanned by the Indians. \nBoone escapes to warn his fort. \nBoonesborough attacked. \nIndians commanded by Captain de \n\nQuindre. \nBoone declines to surrender. \nDe.Quindre\'s tricks unsuccessful. \nThe siege ended after nine days. \nThe population increases. \nLexington founded. \nLand commissioners appointed. \nCourt opened at Logan\'s fort. \nSpeculators come to Kentucky. \nThe "Hard Winter." \nFirst schools in Kentucky. \nCapture of Ruddle\'s and Martin** \n\nstations. \n\n\n\nCHAPTER IV \n\nDIVISION OF THE COUNTY, 1 780-1 782 \n\nThe population steadily increased. In 1780, the legis- \nlature of Virginia thought it advisable to divide the County \nDivision of of\' Kentucky into three counties, \xe2\x80\x94 Jefferson, \nthe county Fayette, and Lincoln. John Floyd, John Todd, \nand Benjamin Logan were appointed colonels of their \nrespective counties, and William Pope, Daniel Boone, and \nStephen Trigg, lieutenant colonels. Colonel Clark was \nraised to the rank of brigadier general. \n\nThe most important consideration of the newly settled \ncountry was military protection from the Indians. The \nEagerness next interest was the proper distribution of \n\nfor land j^g lands. Each county had its special sur- \n\nveyor, \xe2\x80\x94 George May for Jefferson, Thomas Marshall for \nFayette, and James Thompson for Lincoln. So great was \nthe desire to gain property in this beautiful Kentucky \ncountry that on one occasion when General Clark had \nplanned an attack upon certain Indian towns, he was \nobliged to order the surveyor\'s office to be closed, and to \nstate that it would not be opened until after the expedition \nwas over, before he could induce any one to listen to his \ncall for volunteers. \n\nRaids were no less frequent during the year 1781, but \nthey were less carefully planned than formerly. The \nContinued Indians were preparing for war on a larger \n\nwarfare scalc, whlch they hoped would drive out the \n\n40 \n\n\n\nDIVISION OP\' THE COUNTY \n\n\n\n41 \n\n\n\nintruders from their hunting ground. But through aH this \ntale of disheartening warfare runs the invigorating story \nof the valor of the Kentuckians, and pictures of noble \nmagnanimity stand out to refresh us. \n\nJohn Floyd, the colonel commandant of Jefferson County, \n\n\n\n\nWells assisting Floyd \n\n\n\nhad gone with a number of men to the assistance of a \nneighboring settlement. He was wounded, lens\'s \nand was retreating on foot before the pursu- magnanimity \ning Indians, when he was overtaken by Captain Samuel \nWells, who w^as also fleeing for his life. Floyd and Wells \nhad been enemies, but the past was forgotten. Instantly the \n\n\n\n42 PIONEER DAYS \n\ngenerous captain sprang from his horse, lifted Floyd into \nthe saddle, and ran by his side to support him, thus risk- \ning his life for his enemy. Both were saved and were \nfriends ever afterward. \n\nThe following spring opened with a fierce conflict which \n\nhas always been known as Estill\'s defeat. A party \n\nof twenty-five Wyandots were seen passins: \n\nEstill\'s defeat i o \n\nBoonesborough. News of the fact was brought \nto Captain James Estill at his station on the south of the \nKentucky River, near where Richmond now stands, and he \nstarted in pursuit of the Indians, with forty men. Shortly \nafter his departure the savages came upon his unguarded \nfort, killed and scalped a young girl, and destroyed the \ncattle, before they departed. Two boys were sent as \nrunners to bear the news of the tragedy to Estill. A \nparty of the men returned to protect the women, while the \nrest, to the number of twenty-five, pushed on and overtook \nthe Indians, not far from the present town of Mount Ster- \nhng. The fight which then occurred required hearts of \nunwavering courage. It was not a battle, but a combat of \nman with man. For nearly two hours the struggle lasted, \neach one of the company from behind a tree shooting \ntoward the Indian he had selected. At last the whites \nwere overcome. Nine were killed, including the brave \nEstill, and four were wounded. The latter, however, \nescaped with those who were uninjured. \n\nIn the month of July, two British captains, McKee and \n\nCaldwell, with a company of rangers from the British posts \n\nat Detroit, o:athered together over one thou- \n\nMcKee and \' ^ ^ \n\nCaldwell\'s sand Indians, \xe2\x80\x94 the largest body of troops up \n^\xe2\x84\xa2^ to that time collected west of the Alleghanies. \n\nIt was their intention to attack Wheeling, but on their \nmarch thither, news reached them that General Clark was \n\n\n\nDIVISION OF THE COUNTY 43 \n\non his way to surprise the towns of the Shawnee Indians. \nThey turned back to defend these towns, and, to their \nmortification, found that the report was false. This \nso discouraged the Indians that a large number of \nthem deserted ; but the more resolute British officers were \nnot to be thus deterred from their purpose to harass and \nfight the Americans. They succeeded in holding a com- \npany of over three hundred Indians and rangers, with \nwhich they pushed on into Kentucky, to attack the weak \nstations in Fayette County. \n\nThey reached Bryan\'s station on the morning of the \n1 6th of August, 1782. Halting in the neighborhood of \nthe fort, they sent a few Indian spies ahead to Bryan\'s sta- \ndraw out the whites, meaning then to rush upon ^^\xc2\xb0^ attacked \nthem with the whole body of their forces. Most fortunately, \nthe majority of the men were inside the fort, making ready \nto go to the assistance of the stations on the south of the \nKentucky River, whither the Wyandots had gone after \nEstill\'s defeat. The spies were discovered; and the \noft-tried Kentuckians, wise in the tactics of Indian warfare, \nunderstood the meaning of their presence, and immediately \nbegan preparations for a siege. \n\nNow there was no spring inside the walls of the fort ; \nand water would be a necessity if the attack should continue \nlong. The fetching of water was everywhere Heroism of the \nthe work of women, a fact which the Indians women \nknew. If the men should go for it now, the spies would \nimmediately suspect that they had been discovered. The \nattack might then begin at once, which would be fatal to \nthe garrison. \n\nIt was unlikely, however, that the women would be \ndisturbed, and they were called together. The situation \nwas explained to them. They were urged to go for the \n\n\n\n44 \n\n\n\nPIONEER DAYS \n\n\n\nwater and to act as though they did not know that a \nband of savages was within gunshot. \n\nThere was a moment of intense excitement, of inde- \ncision and shrinking from the task; but the women in \nthose stirring times of danger had acquired a warlike \ncourage. Moreover, they had learned to forget them- \nselves, and to think only of the good of their family, \ntheir station, and their country. The bravest among the \n\n\n\n\nMarching to the Spring \n\nolder women stepped forward and declared their readi- \nness to go on the trying mission. One by one, the \nyounger women and girls followed, emboldened by this \nresolute spirit, until the whole body of women marched \nto the spring with their buckets, laughing and talking \nunconcernedly together. On their return, however, their \nsteps grew faster and faster, and they fairly rushed into \nthe safety of the fort. \n\n\n\nDIVISION OF THE COUNTY 45 \n\nImmediately afterward the attack began ; but the gar- \nrison was now ready for it. Swift-footed runners were \nsent to summon assistance from the neighbor- \ning stations. Five miles away, at Lexington, \xc2\xae^^^se \nMajor Levi Todd, with forty men, had just started for the \nsouthern border of the country. A messenger overtook \nhim, and in a short time he reached Bryan\'s Station. The \nBritish officers now saw that all hope of taking the fort by \nsurprise was vain. At night the Indians attempted to set \nfire to it ; but, being unsuccessful, they were quite ready \nto depart. However, there was a young white leader \namong them who determined to make another effort to \nforce the fort to surrender. \n\nThis was Simon Girty, \xe2\x80\x94 known far and wide to the \nborder people of that day as the "White Renegade," \xe2\x80\x94 a \nman despised by every one. When he was a \nboy, his father had been killed by Indians, and ^^^^^^^^ \nhe himself had been adopted by them. He had grown up \na savage, and chose to remain one. He possessed all the \ncunning cruelty of his foster brethren, and by his knowl- \nedge of English he became a power among them in their \nschemes to torture the Americans. He now made a speech \nto the fort\'s defenders. He spoke of the numbers with \nhim, and of the reenforcements and artillery that were ex- \npected; but he told them that if they would surrender \nthey would not be harmed. The Kentuckians knew that \ntheir rude fortifications could not withstand cannon; but \nthey could not be intimidated. \n\nOne of their young men, Aaron Reynolds, answered \nGirty in a bold, bantering spirit that won the admiration of \nhis associates. He assured Girty that they were not at all \nafraid of his artillery or of his numbers ; that, as for the \nlatter, all the country was coming to their assistance. \n\n\n\n46 PIONEER DAYS \n\nGirty knew this, as did the Indians, and they concluded \nit would be the part of wisdom to leave ; but they did all \nthe injury possible, destroying the fields and killing hun- \ndreds of cattle, sheep, and hogs. On the following morn- \ning, they took their departure, having had five of their \nnumber slain and several wounded. Four of the whites \nwere killed, and three injured. \n\nIt did not take long to gather the riflemen of Kentucky. \nThey answered the summons for assistance as hurriedly \nGathering of as did the clansmen of Scotland the signal of \nthe riflemen ^^^ ^ ^^^.^ cross." ^ On the aftemoon of the \nday the Indians left Bryan\'s Station, 182 men, many of \nthem commissioned officers, mustered there under the \ncommand of Colonel John Todd, the ranking officer of \nKentucky, Lieutenant Colonels Trigg and Boone, and \nMajors McGary, Harlan, and Levi Todd. Without wait- \ning for Colonel Logan, who was to follow as soon as \npossible with the forces of Lincoln County, they pushed \non the trail of the Indians, and overtook them near the \nBlue Licks, on the morning of August 19. They halted \nand held a council of war. The Licking River lay be- \ntween them and the enemy. Should they cross and open \nthe attack at once, or should they await the arrival of \nLogan\'s troops ? \n\nThe prudent decision was cast in favor of the latter \ncourse, when Major McGary, an impulsive man, filled with\' \na passionate hatred of all Indians because his son had been \n\n1 In the border warfare of Scotland, *\' an ancient method of gathering the \npeople was by sending the \' fiery cross \' through the country. This mysterious \nsymbol of haste and danger was formed of yew, first set on fire and then \nquenched in the blood of a goat. Every man who received it was bound to \npass on with it through torrents, or over mountains, by day or night, until \nanother took it off his hands." See, also, The Gathering, III. Canto, T/ie \nLady of the Lake. \n\n\n\nDIVISION OF THE COUNTY \n\n\n\n47 \n\n\n\nkilled by some of them, plunged forward into the river, \nwaving his hat over his head and shouting : *\' Let all who \nare not cowards follow me!" Immediately, Battle of the \nas if fired by his taunt, the impatient troops ^^"\xc2\xae ^^^^^ \nrushed after him. The sober officers had no alternative \nbut to follow. Soon the battle began. From the first the \nadvantage was with the enemy, because of superior num- \n\n\n\n\nMcGary in the River \n\n\n\nbers. Colonel Trigg was killed, then Harlan with nearly \nall his advance guard was swept away. John Todd and \nBoone tried to rally the men, until Todd himself was shot \ndown. Then a wild panic took place. Leaving the dead \non the field of battle, every one attempted to escape. \n\nThe fighting had lasted only about five minutes, and in \nthat time the Kentuckians had lost seventy of their bravest \n\n\n\n48 pioni:er days \n\nsoldiers, twelve had been wounded, and seven captured. \nThe loss on the other side was insignificant in corn- \nAfter the parison. Several days later. Colonel Logan \nbattle arrived at the scene of the tragedy with four \nhundred men, \xe2\x80\x94 a force large enough to have completely \noverwhelmed the Indians. But all was over now. Nothing \nremained to do but to bury the dead where they had \nfallen. By the rash act of one man was brought about the \ngreatest disaster that had ever befallen Kentucky. \n\nIt is impossible to describe the anguish of that time. \nSorrow and wailing prevailed everywhere. For weeks \nthe women could not be consoled. But the unconquerable \nKentuckians did not long rest in their mourning. The \nblow must be retaliated. Troops quickly gathered at the \nFalls under Colonel Floyd and at Bryan\'s Station under \nColonel Logan. Uniting at the mouth of the Licking \nunder General Clark, they marched rapidly into the \nIndian country. On the loth of November, 1782, the \nMiami towns were burnt to the ground. Warning had \nbeen given the Indians, and they escaped into the woods ; \nbut all their valuable property was destroyed. From \nvillage to village, the mighty force of Kentuckians swept \nwith their desolating firebrands. At last the Indians were \nconquered. Though, for ten years longer, occasionally a \nfew straggling savages would disturb the security of the \nsettlers, Kentucky never again suffered any serious Indian \ninvasion. \n\nRECAPITULATION \n\n\n\nKentucky County divided. \n\nJefiferson, Fayette, and Lincoln coun- \nties. \n\nMilitary officers and surveyors ap- \npointed \n\n\n\nGreat eagerness to obtain lands. \nIndians preparing for war. \nSamuel Wells\'s magnanimity. \nEstill pursues a band of Indians. \nA young girl killed at his fort. \n\n\n\nDIVISION OF THK COUNTY \n\n\n\n49 \n\n\n\nIndians overtaken near Mount Ster- \nling. \n\nEstill\'s defeat. \n\nMcGee and Caldwell\'s army of over \none thousand Indians. \n\nA false alarm changes the course of \nthe army. \n\nA smaller force marches into Ken- \ntucky. \n\nAttack on Bryan\'s Station. \n\nHeroic women supply the fort with \nwater. \n\nThe siege begun. \n\nRunners summon assistance. \n\nIndians fail to burn the fort. \n\nGirty attempts to frighten the men \ninto surrendering. \n\nAaron Reynolds\'s fearless answer. \nKENT. HIST. \xe2\x80\x94 4 \n\n\n\nIndians do great damage before de- \nparting. \n\nThe riflemen of Kentucky gather. \n\nOne hundred and eighty-two men at \nBryan\'s Station. \n\nThe officers of the company. \n\nThe Indians are pursued. \n\nCouncil of war held. \n\nA prudent decision made. \n\nMcGary\'s rash act. \n\nBattle of the Blue Licks. \n\nTerrible slaughter of the whites. \n\nGreat anguish caused. \n\nThe blow retaliated. \n\nVillage after village destroyed. \n\nThe Indians are conquered. \n\nNo more serious invasions of Ken \ntucky. \n\n\n\nII \xe2\x80\x94 THE STRUGGLE FOR INDEPEND- \nENCE, 1782-1792 \n\nCHAPTER V \n\nTHE DISTRICT OF KENTUCKY, 1 782-1 784 \n\nBeyond the borders of Kentucky, the Confederated \nColonies were passing through their victorious conflict for \nK ntu k \'s independence from Great Britain \xe2\x80\x94 six terrible \nstruggle for years of ceascless warfare from the battle at \n\nexistence \n\nLexington, 1775, to the surrender of Lord \nCornwallis at Yorktown, 1781. Cut off from the East by \nthe high wall of the Cumberland Mountains, separated \nfrom the neighboring regions of the Northeast, the North, \nand the West by a connected system of waters, Kentucky \nwas waging alone, unaided by continental arms and con- \ntinental supplies, an equally terrible conflict. In the his- \ntory of this era, too little recognition has been made of \nthis struggle, whose successful issue gave to the nation a \nstrong, faithful State, and opened the way for the con- \nquest of the vast, rich West. \n\nAt Paris, France, on the 30th of November, 1782, the \npreliminary treaty of peace between the United States and \nPeace with Great Britain was signed. There were no \nEngland ocean cables in those days, no telegraph lines, \n\nno railroads, no postal service. Slowly the news reached \n\nso \n\n\n\nTHE DISTRICT OF KENTUCKY 5 1 \n\nthe far-away land of Kentucky, told by traveler to trav- \neler, or written in letters which were borne to friends by \nimmigrants to the country. But early in the following \nspring the cheering fact was known. \n\nAt this time there were less than thirty thousand people \nin Kentucky. Now the growth became very rapid. By \n1790, the population had increased to more i^niigration to \nthan seventy-five thousand. The long war Kentucky \nwhich had just closed had left the Atlantic States impov- \nerished. The fertile lands of Kentucky offered an allur- \ning prospect to families whose fortunes had been thus \ninjured. From Virginia, Pennsylvania, Maryland, and the \nCarolinas, especially from Virginia, came this great influx \nof people to Kentucky. Of course there were some men \namong them of low character and slender ability ; but the \nmajority of them were clever, educated people of moral \nstrength, who were notable even in that most remarkable \nepoch of American history. \n\nAmong them were officers whose military genius had \nhastened the victory of the Revolution ; soldiers whose \nunselfish loyalty had aided the cause ; and young men of \ntalent, fresh from the colleges of the East. Their names \nwill fill the pages of the following period. The men whose \nrare courage and entertaining adventures stirred us in the \nstory of the pioneer days, have passed away ; either death \nhas come to them, or they have finished their great work. \nOnly one or two recur in the narrative of the public affairs \nof the new era opening before us. \n\nBy an act of the Virginia legislature the three counties, \nJefferson, Fayette, and Lincoln, were united in 1783 and \nKentucky District was established. A district \xe2\x80\x9e ^ , \n\n\xe2\x96\xa0^ Kentucky \n\ncourt was erected, and John Floyd, Samuel District \nMcDowell, and George Muter were appointed \n\n\n\n52 THE STRUGGLE FOR INDEPENDENCE \n\njudges. Walker Daniel was also commissioned attorney- \ngeneral, and John May was selected to be the clerk of the \ncourt. \n\nShortly after his appointment, John Floyd, the vigorous, \nintellectual pioneer, was killed by an Indian. He had \nThe District fought, unscathed, through the terrible border \njudges wars, and now, in the time of peace, riding \n\nunguardedly in the woods near his home, wearing his scar- \nlet wedding coat, \xe2\x80\x94 a definite mark for the savages, \xe2\x80\x94 he \nreceived his death wound. It is a curious coincidence that \ntwo other members of this district court, pioneers like \nFloyd, met a similar death, \xe2\x80\x94 Walker Daniel in 1784, John \nMay in 1790. The other judges were Virginians, whom \nthe close of the war brought to Kentucky. They had \nbeen officers in the Revolution and each bore the rank of \ncolonel. Their recognized worth and ability are indicated \nby their appointment to this position of trust and dignity. \nWe shall have need to refer to them frequently in the fol- \nlowing pages. \n\n\n\n\nAn Ohio River Flatboat \n\n\n\nOn the third day of March, 1783, the court was opened \nat Harrodsburg ; but there being no house large enough at \nFounding of that place for its accommodation, it adjourned \nDanville ^^ ^ church six miles away. One of its first \n\nofficial acts was to order a log courthouse to be built at \nsome safe place near Crow\'s Station (about ten miles from \n\n\n\nTHE DISTRICT OF KENTUCKY \n\n\n\n53 \n\n\n\nHarrodsburg), and a jail also, of *\' hewed or sawed logs at \nleast nine inches thick." The location was wisely chosen ; \nit was on the Wilderness Road, the great highway through \nKentucky, and within the famous Blue Grass region. From \nthis judicial beginning grew the town of Danville, which \nbecame the seat and center of all the public affairs of the \n\nDistrict, and whose \nearly history suggests \nso many picturesque \n\n\n\n\nPack Horses \n\n\n\nand interesting events. Each town in Kentucky has its \nparticular tone. Danville may be characterized as sober \nand intellectual, self-respecting in the management of its \nown affairs, and unworldly. \n\nSecurity and hope prevailed in Kentucky District, and \nits reputation increased abroad. Flatboats \n\n^n 1 \xe2\x80\xa2 1 \xe2\x80\xa2 \xe2\x80\xa2 , 1 -,. Prosperity \n\nfilled With nnmigrants were constantly landnig \n\nat the Falls (Louisville), in the northwestern part of the \n\n\n\n54 \n\n\n\nTHE STRUGGLE FOR INDEPENDENCE \n\n\n\nBrodhead\'s \n\nstore \n\n\n\nsettled region, and at Limestone (now Maysville), in the \nnortheast. Heavily laden pack horses brought a contin- \nued stream of settlers through Cumberland Gap, over the \nWilderness Road. \n\nAt Louisville, Daniel Brodhead, an officer in the Revo- \nlution, who had recently come to Kentucky, opened a shop \nwhere all kinds of goods, imported from Philadelphia, \nwere sold. The home-woven cotton gowns and sunbon- \nnets were replaced by gay-figured calicoes and \nstraw bonnets. There were also more costly \narticles for gala days, \xe2\x80\x94 silks and parasols for the maidens, \nbroadcloths and silk stockings for the men. A French- \nman, landing at the Falls \nin 1784, described a party \nof young people that he \nsaw thus attired starting \noff for an excursion on \nthe river. \n\nThere is on record, \nalso, an account of a \nparty given by Mrs. \nMartha Donne to cele- \nbrate the first crop of \nwheat raised at the \n\nFalls, in 1783. Early merry- \n\nThe wheat was ^^^^^^s \nground with a hand mill, \nsifted through a cambric \nhandkerchief which Mistress Martha had brought from \nPhiladelphia, shortened with raccoon fat, baked, and served \nfor the refreshment of the guests. Thus early the town \nof Louisville took on its brilliant, fashionable, hospitable \ntone. \n\n\n\n\nJames Wilkinson \n\n\n\nTHE DISTRICT OF KENTUCKY 55 \n\nIn February, 1784, General James Wilkinson made his \nadvent into Lexington as the representative of a mercan- \ntile firm in Philadelphia of which he was the head. Wil- \nkinson was brilliant in mind and affable in jameswiikin- \nmanner, but corrupt in morals and selfish in so^\'s advent \ncharacter. He acted an important part in the political \nevents of the period. Wilkinson\'s shop, like Brodhead\'s, \nwas a great advantage to the neighboring region. \n\nAt this time there were eight towns in Kentucky : \nLouisville and Bardstown, in Jefferson County ; Harrods- \nburg, Boonesborough, and Danville, in Lincoln Lexington\'s \nCounty ; and Lexington, Leestown, and Green- position \nville, in Fayette County. Of these, Lexington was the larg- \nest. Never rapid, but always steady in growth, Lexington \nwas advancing into that substantial business and social \nposition which she has maintained until the present day. \nHer early interest in all things intellectual caused her to \nbecome the center of the literary culture of the District, \nand gave to her the title, \xe2\x80\x94 in the high-sounding phrase- \nology of the time, \xe2\x80\x94 Athens of the West. \n\nHere John Filson ^ wrote the first history of Kentucky, \nwhich was likewise the first history of any portion of that \nvast region lying west of the Alleghanies. The fame of \nthe " happy climate and plentiful soil " of \n\n^^\xe2\x96\xa0^ ... . John Filson \n\nKentucky had reached Filson in his home in \nsouthern Pennsylvania, and he went thither to secure lands \nfor himself. This was probably in the year 1782, when \nhe was about thirty-six years old. He was a schoolmaster, \nand very well educated except in the matter of spelling \nand the use of capitals. He led a roaming, stirring life \nuntil his death in 1788. Shortly before that time, he had \n\n1 TA^ Life of John Filson. By Reuben T. Durrett. Filson Club Publi- \ncation No. I. \n\n\n\n56 \n\n\n\nTHE STRUGGLE FOR INDEPENDENCE \n\n\n\nentered into a partnership with Matthias Denman and \nColonel Robert Patterson (one of the founders of \n\nLexington) to \nlay off a town \nwhere the present \ncity of Cincinnati \nstands. Filson \n\nbrought his \nGreek, Latin, and \nFrench knowl- \nedge into use to \ncoin a name for \nhis town : Losan- \ntiville \xe2\x80\x94 tJic city \nopposite tJic Dionth \nof the L icking. \nWhile out survey- \ning, he became \nseparated from \nhis companions \nand was never \nagain seen. He \nwas killed either by the savage Indians, or by the beasts \nof the forest. \n\nFilson gained the information for his history, and the \nmap with which it is illustrated, from a close intercourse \nFirst history with Daniel Boone, Levi Todd, James Harrod, \nof Kentucky Christopher Greenup, John Cowan, and Wil- \nliam Kennedy, whose " distinguished assistance " he grate- \nfully acknowledges. Beside the map, the history is made \nfurther entertaining by a narrative of " The Adventures of \nColonel Daniel Boone," which the author learned from the \nold pioneer himself There was no printing press in Ken- \n\n\n\n\nJohn Filson \n\n\n\nTHE DISTRICT OF KENTUCKY 5/ \n\ntucky at that time, so Filson carried- the manuscript of the \nhistory to Wilmington, Delaware, and that of the map to \nPhiladelphia, where the book was published in 1784. One \nyear later it was translated into French by M. Parraud, \nand published in Paris. This little book is now very rare \nand valuable. \n\nWe have noticed the early desire of Kentuckians for \neducation. Thus far, all that had been possible were little \nprivate schools held within the stations. Now Transylvania \nwe are to learn somethine: of the first school university \n\n... founded \n\nor college in the West. In 1780, the Virginia \nlegislature passed an act to establish such a school in \nKentucky as soon as the condition of the country should \npermit. An endowment of eight thousand acres of land \nwas given to it and thirteen trustees were appointed. \nIn 1783, the trustees were increased to twenty-five and the \nendowment of land to twenty thousand acres. The school \nwas to be called Transylvania Seminary, and the trustees \nwere to hold their first meeting at Crow\'s Station (Dan- \nville) the second Monday in November of that same year. \nThe trustees were influential men in the District. The \nnames of those who attended the first meeting have been \npreserved for us. They are John Craig, Walker Daniel, \nWillis Green, Christopher Greenup, Robert Johnson, Sam- \nuel McDowell, David Rice, James Speed, Isaac Shelby, \nand Caleb Wallace. The Reverend David Rice was \nelected chairman of the board. " Father Rice," as he \nwas commonly called, had lately arrived in Kentucky \nfrom Virginia. He was the first Presbyterian preacher in \nthe District, an earnest man, and well educated for that \nday, being a graduate of Nassau Hall, afterward Princeton \nCollege. \n\nAt this first meeting, the trustees did little but grow \n\n\n\n58 \n\n\n\nTHE STRUGGLE FOR INDEPENDENCE \n\n\n\nmore enthusiastic concerning the advantages of education\xe2\x80\x9e \nTheir uncultivated lands gave them no money with which \neither to buy a schoolhouse or to pay teachers. Two \nyears later, however, the seminary was opened at the \nhome of the chairman, near Danville, and, in 1788, it was \nremoved to Lexington. Before long, theological differ- \nences arose in the school, and, in 1796, the Presbyterians \nwithdrew their support and established Kentucky Acad- \nemy, at Pisgah. But in 1798 all disagreements were \nadjusted, and the rival institutions were united at Lexing- \nton under the name "Transylvania University." \n\n\n\nRECAPITULATION \n\n\n\nKentucky\'s unaided struggle during \nthe Revolution era. \n\nHer important service to the nation. \n\nTreaty of peace, November 30, 1782, \nproclaimed in Kentucky the fol- \nlowing spring. \n\nHigh class of immigrants. \n\nPioneers pass away. \n\nNew names appear in public affairs. \n\nKentucky District established, 1783. \n\nSamuel McDowell and George Muter. \n\nJudiciary appointments. \n\nFloyd, Daniel, and May murdered by \nIndians. \n\n\n\nCourt opened at Harrodsburg. \nRemoved to Crow\'s Station. \nDanville founded. \nCharacteristics of Danville. \nProsperity in the District. \nBrodhead\'s store. \nLouisville\'s flourishing condition \nEarly merrymakings. \nWilkinson\'s arrival in Kentucky. \nLexington\'s substantial position. \nJohn Filson comes to Kentucky. \nFilson\'s first history of the region. \nTransylvania Seminary established \nBecomes Transylvania University. \n\n\n\nCHAPTER VI \n\nBEGINNING OF THE STRUGGLE, 1 784-1 786 \n\nThe security of the Kentuckians was beginning to be \ndisturbed. The country which the Americans wrested \nfrom Great Britain consisted of the Atlantic Military \nStates, extending: from Canada to the thirty- posts in the \n\n. Northwest \n\nfirst degree of latitude, and Kentucky and the \nIllinois country, which the pioneers had won. Off in the \nNorthwest, \xe2\x80\x94 far away then, but now at the very threshold \nof that vast region, which has become thickly settled, \xe2\x80\x94 at \nand about Detroit, the British still held the military sta- \ntions which they had gained from the French. In their \ntreaty of peace with the United States the British had \npromised to surrender these posts ; but, because of cer- \ntain complications, they now refused to comply with their \nagreement. \n\nWhen the news of this fact reached Kentucky, great \nfears of Indian hostilities were felt. We have learned that \nthe Indians had been instigated to attacks Indian \nupon the Kentuckians by the British. If the hostilities \n\n. -^ anticipated \n\nBritish Still held stations in America, then the \nIndians would still be urged to warfare. Virginia was far \naway from Kentucky \xe2\x80\x94 too far to send her assistance in \ntime of trouble. But as Kentucky was not independent, \nno military expedition could be undertaken beyond the \nborders of the District unless so ordered by the Virginia \n\n* 59 \n\n\n\n6o THE STRUGGLE FOR INDEPENDENCE \n\ngovernment. The question of asking for separation from \nVirginia was continually discussed. \n\nThe Congress of the Confederation of States did not \nadvise any attempt to exterminate the Indians ; but rec- \ncauses of In- ommended a peaceful course of action toward \ndian hostilities ^j^^^^^ j^ ^^-^^ ^^^^ Commissioners were ap- \npointed to treat with the various tribes to induce them to \nrecognize the authority of the victorious States. But cer- \ntain Indians on the east of the Miami River, who had been \ninduced against their will to enter into a treaty, still re- \ntained their animosity toward the Kentuckians ; and certain \nothers farther to the west, who had never entered into \nany treaty, were likewise inflamed at the thought of the \nAmericans possessing their lands. Furthermore, law- \nless men in Kentucky, who believed there could be no \ngood in any Indian and that it was never well to let \none live, would sometimes kill those that were harmless. \nThe revengeful savages retaliated by murdering innocent \nwhite men. \n\nInformation came to Colonel Benjamin Logan that a \nserious invasion by the Cherokees might be expected. \nMeeting of mil- General Clark had been retired. Colonel \nitary officers Logan was now the ranking officer of Ken- \ntucky. Accordingly, in November, 1784, he called, at \nDanville, an informal meeting, of the military officers of \nthe District, to consider the manner of resisting the an- \nticipated attack. This meeting agreed that the Kentucki- \nans must passively await the inroads of the savages, as \nthey had no authority among themselves to order an expe- \ndition into the Indian country in order to repel the inva- \nsion. Therefore it was resolved that it would be wise to \ncall for the election of one delegate from each of the \nmilitia companies in the District, who should meet in con- \n\n\n\nBEGINNING OF rilE STRUGGLE \n\n\n\n6i \n\n\n\nvention to consider the subject of seeking independence \nfrom Virginia. \n\nAs there was no printing press in Kentucky, a circular \naddress setting forth the facts was many times copied and \ndistributed among the people. We can picture the Ken- \ntuckians, chafing under a sense of restraint as they alertly \nlistened for the war whoop of the Indians. \n\nAt Danville, on December 27, 1784, the first convention \nfor separation met, and decided by a large majority that \nthe dano:ers to which the District was subject ^. ^ \n\nc5 -\' First conven- \n\ncould be remedied only by its becoming an tionfor \n\n. , . ^ ^ , ... ., independence \n\nmdependent State. But the subject as it pre- \nsented itself to the people at that time was one of grave \nimportance. It demanded calm, deliberate action. There- \nfore a second convention was called for May 23, 1785. \n\nThe second convention duly assembled at Danville and \nelected Judge Samuel McDowell president, and Thomas \nTodd secretary. The matter \nwas again presented and con- \nsidered with the most earnest \ndeliberation, and it was again \ndecided that sepa- \nration was neces- \nsary. A petition \nto the Virginia Assembly was \nprepared as well as an address \nto the people of the District. \nThe former w^as calm, the \n\n\n\nSecond conven \ntion for inde- \npendence \n\n\n\nlatter inflaming in tone. It \n\n\n\n\nSamuel McDowell \n\n\n\nwas written by General James \nWilkinson ; he was not a member of the convention, but \nhis brilliant, florid style had won him the admiration of the \nKentuckians. The convention had full power to apply \n\n\n\n62 THE STRUGGLE FOR INDEPENDENCE \n\nimmediately to Virginia for action in the matter ; but with \nsurprising caution it forbore to do this, and, in order that \nthe will of the people might be known positively, called \nfor a third convention to ratify what had already been done, \n\nKentuckians, when they act individually, are generally im- \npulsive, often hot-tempered and rash in their deeds; when \nPrudence of the they act in concert, they are deliberate, prudent, \nKentuckians ^^^ ^jgg jj^ their decisions. They are people \nof intellect. The individual standing alone acts from \nemotion before he has had time to think. The individual \nas a part of a body of men cannot act on his own impulse. \nThus opportunity is gained for reason to assert itself and \nto assume control. This fact should be borne in mind ; the \ntruth of it will be proved as we continue. \n\nThe third convention assembled in August, 1785, and \nelected the same president and secretary that had served \nThird conven- i^i the former conventions, \xe2\x80\x94 Samuel McDowell \n*^\xc2\xb0^ and Thomas Todd. They were reelected at \n\neach succeeding convention. Wilkinson managed to have \nhimself elected a member, and now began his scheming, \ndazzling career in Kentucky. The calm petition to the \nVirginia Assembly was discarded for one he prepared, \n** which was less a petition than a demand." The chief \njustice of the District, George Muter, and the attorney- \ngeneral, Hary Innes, were appointed to present this peti- \ntion to the Virginia Assembly. \n\nIn spite of the tone of the petition, the State of Vir- \nginia passed an act setting forth the conditions upon which \nFirst act of the Separation might take place. They were \nseparation ^^ follows I Delegates were to be elected to a \nfourth convention, which should meet in Danville, Septem- \nber, 1786, to determine whether it was the will of the \npeople of the District to be erected into an independent \n\n\n\nBEGINNING OF THE STRUGGLE 63 \n\nState. If such were their will, they were to fix upon a date \nlater than September i, 1787, when the authority of Vir- \nginia should forever cease. But this was to take place \nprovided "that prior to the ist day of June, 1787, the \nUnited States in Congress assembled shall consent to the \nerection of the said District into an independent State, and \nshall agree that the new State shall be admitted into the \nFederal Union." \n\nThe majority of Kentuckians regarded this act of \nthe Virginia Assembly as reasonable, and submissively \nbore the delay in the longed-for separation, court and \nBut there were others who received it with country parties \nopposition, and in whom it caused the greatest irritation. \nOf these Wilkinson was the recognized leader. The \nparty he represented was called the Court party, on \naccount of the official position of its members. Wilkinson \nnow offered himself as a candidate for delegate from \nFayette County to the fourth convention. Humphrey \nMarshall, a representative of the opposite faction, which \nwas called the Country party, was the contending candi- \ndate. \n\nGreat excitement prevailed in this county. The elec- \ntions were not then conducted as rapidly as they are \nto-day, \xe2\x80\x94 they lasted five days. On the first day, Wilkin- \nson was put forward by his friends to speak to the people. \nHe urged them to disregard the act of Virginia and to \ndeclare themselves independent at once. Marshall an- \nswered him in a sensible, logical speech. Wilkinson\'s \nspeech was, as usual, showy and oratorical. The election \nclosed, and Wilkinson was found to have obtained the \nlarger number of votes. \n\nThe great dreaded Indian invasion did not take place ; \nbut serious distress was caused throughout the District by \n\n\n\n64 \n\n\n\nTHE STRUGGLE FOR INDEPENDENCE \n\n\n\npetty depredations of small parties of Indians. The Ken- \ntuckians complained to Virginia, and Virginia petitioned \nSelf-protection Congress to raise troops to protect this frontier \nauthorized region. But at the time about which we are \nstudying, the Congress of the Confederation of States was \nnot so powerful a body as the Congress of to-day. It \ncould do little more than recommend certain measures to \n\n\n\n\nIndian Depredations. \n\nthe different States ; it had no ability to cause them to be \ncarried out. However, Congress granted the Kentuckians \nthe privilege of protecting themselves. \n\nIn accordance with this permission, early in September, \n1786, more than one thousand troops collected \nat Clarkesville (opposite Louisville), with the \nintention of attacking the Wabash Indians liv- \ning in the present State of Indiana. They were organ- \n\n\n\nExpeditions \n\nof Clark and \nLogan \n\n\n\nBEGINNING OF THE STRUGGLE \n\n\n\n65 \n\n\n\nized under General George Rogers Clark. Colonel Benja- \nmin Logan was sent back to Kentucky to raise volunteers \nfor an expedition against the Shawnee Indians living in \nthe present State of Ohio. Logan quickly secured four or \nfive hundred men. With this force he proceeded to the \nIndian towns on the Mad River, burned them to the ground, \nand took seventy or eighty prisoners. He returned in \ntwenty days, after a successful expedition. Unfortunately, \nGeneral Clark\'s expedition proved fruitless. The provi- \nsions were delayed on their way to Vincennes, where his \ntroops were stationed. Insubordination took place. The \ngreat general had lost control over the men who served \nunder him, and many of them deserted. \n\nWhen the time came for the fourth convention to as- \nsemble, so many of the delegates were absent with Clark \nand Logan that a quorum \ncould not be obtained. \nThose who were at home, \nhowever, met every day, and \nadjourned until the following \nPostponement January, when \nof separation ^^^ neccssary \n\nnumber were present. The \n\ncondition required by the \n\nVirginia Assembly for the \n\nseparation was that prior to \n\nthe first day of June, 1787, \n\nthe Congress of the United \n\nStates should have agreed \n\nto admit the new State into \n\nthe Federal Union. It was now too short a time, in \n\nthose days of slow travel, for the Kentuckians to take \n\nthe necessary steps toward this end. Therefore, they \n\nKENT. HIST. \xe2\x80\x94 5 \n\n\n\n\nJohn Marshall \n\n\n\n66 THE STRUGGLE FOR INDEPENDENCE \n\npetitioned the Virginia Assembly to alter that clause in \nthe act. Their petition was presented by John Marshall \n(afterward the great chief justice), who strongly urged his \nrequest. But the Assembly did not see fit to grant it. \nConsequently, another act was passed which fixed the time \nfor the separation to take place as January i, 1789, instead \nlof September i, 1787. \n\nJohn Marshall\'s letter bearing this fact reached Danville \nwhile the convention was still assembled. It is needless \nResult of the ^o describe the disappointment it brought the \ndisappointment Kcntuckians. Virginia had acted as seemed \nto her right ; but we can well understand how her long \npostponement of the separation might have appeared to \nrestless men, impatient of delay, like indifference to \ntheir sufferings. Throughout the District, there was a \ngrowing resentment towards Virginia. This was inflamed \nby certain ambitious politicians, notably by General Wil- \nkinson. But in spite of the passions of some, reason and \ndignity controlled the meeting, and it adjourned submissive \nto the act of Virginia. Another convention had been \nordered for the following September. \n\nShortly after this, another incident occurred which led \n\\Xo further distrust of Virginia\'s good feeling toward Ken- \nvirginia tucky : A man was killed by Indians in \n\nmisunderstood Lincoln County. Benjamin Logan, the com- \nmandant of that county, was absent ; but his brother \nquickly raised a company and pursued the murderers into \nTennessee. The Indians were overtaken, several of them \nwere slain, and the horses they had stolen were captured. \nOn pushed the victorious Logan and his men, like heroes \nof the Round Table, seeking further adventures. They \ndiscovered the trail of another band of Indians, came upon \nthem, killed seven, and captured their horses and game. \n\n\n\nBEGINNING OF THE STRUGGLE \n\n\n\n67 \n\n\n\nNow it happened that these latter were peaceable tribes \nliving under a treaty with the United States. Intense \nwrath consequently prevailed among the Indians. They \ncomplained to the governor of Virginia, and he directed \nthe attorney-general of the District, Hary Innes, to take \nthe necessary steps *\'to prevent and punish, if possible, \nall unjust violences." As this very reasonable direction \nwas many times repeated it became exaggerated. Thus it \ncame about that numbers of people in the District hon- \nestly believed that Virginia had commanded them not to \nprotect themselves from the barbarities of the Indians. \nThe Kentuckians were now about to enter upon a trial \nthat would reveal their character. \n\n\n\nRECAPITULATION \n\n\n\nTreaty of peace not fulfilled. \n\nMilitary posts in the Northwest still \nheld by Great Britain. \n\nFears of Indian sieges felt in Ken- \ntucky. \n\nThe Indians are aided by the British. \n\nKentucky\'s dependent position. \n\nSeparation from Virginia discussed. \n\nMiami and other Indians are hostile. \n\nLawless Kentuckians cause trouble. \n\nGreat Indian invasion dreaded. \n\nColonel Logan\'s called meeting of \nmilitary officers. \n\nThey order an election of delegates \nto a convention. \n\nFirst convention meets at Danville. \n\nConsiders separation from Virginia \ndesirable. \n\nAnother convention called. \n\nSecond convention considers separa- \ntion necessary, and prepares a pe- \ntition to the Virginia Assembly. \n\n\n\nWilkinson prepares the address to the \npeople. \n\nThe convention shows rare cau- \ntion. \n\nCharacter of Kentuckians. \n\nA third convention held. \n\nVirginia passes the first act for sepa- \nration. \n\nThe act not satisfactory to many \nKentuckians. \n\nCourt and Country parties. \n\nWilkinson advocates illegal separa- \ntion. \n\nCongress allows Kentucky to protect \nherself from Indian inroads. \n\nClark\'s expedition unsuccessful; Lo- \ngan\'s successful. \n\nFourth convention set for Septem- \nber, 1786. \n\nNo quorum obtained. \n\nMeets and adjourns every day until \nJanuary. \n\n\n\n68 \n\n\n\nTHE STRUGGLE FOR INDEPENDENCE \n\n\n\nToo late then to comply with the \n\nconditions of the act. \nVirginia petitioned to alter the act. \nShe refuses, but passes another act. \nJohn Marshall informs the convention \n\nof this fact. \nKentuckians grievously disappointed. \nSome resent Virginia\'s course toward \n\nKentucky. \n\n\n\nThe convention submits. \n\nJohn Logan\'s expedition causes trou- \nble. \n\nVirginia forbids all unjust violences \ntowards Indians. \n\nVirginia\'s action is misunderstood by \nmany. \n\nHer good feeling toward Kentucky is \nmomentarily doubted. \n\n\n\nCHAPTER VII \n\nTHE SPANISH CONSPIRACY, 1 786-1 788 \n\nThe southern territory of the United States extended to \nthe 31st degree of latitude. Below this line the Spanish \nstill held the dominion they had exercised since the dis- \ncovery of the continent. In 15 13, Ponce de Spanish \nLeon landed on the southeastern coast, and "^on^i^^o^s \nclaimed in the name of the Spanish king a region of in- \ndefinite extent, to which he gave the name of Florida. \nHere he planted a short-lived colony, composed of men \nwho had come to drink of the fabulous fountain of immor- \ntal youth. Through this region the intrepid and ambitious \nDe Soto had led his deluded followers in their hopeless \nsearch for gold, only to find his grave in the Mississippi \nRiver. Here the Huguenots had sought refuge from \nreligious persecutions in France, and here Menendez had \nestablished the first permanent Spanish colony at St.\' \nAugustine, in 1565, years before the English had settled \nat Jamestown or the Pilgrim Fathers had landed at Ply- \nmouth. It was a land of warmth and beauty, of luxuriant \nvegetation, of stagnating civilization. Soon the vigorous \nAmericans were to drive out their weaker neighbors, but \nnot before the Spanish king had made an adroit effort \nto hold and increase his dominions in the New World. \n\nSpanish possessions lay on both sides of the Missis- \nsippi River. The United States demanded the right to \n\n69 \n\n\n\n\n70 THE STRUGGLE FOR INDEPENDENCE \n\nnavigate that river. Spain refused to concede this privi- \nlege. John Jay, of New York, secretary for foreign \nJay\'s affairs, was most anxious to conclude a treaty \n\nproposition ^-^j^ Spain. Furthermore, he was ignorant of \nthe great growth of the Western Country, as Kentucky and \nthe neighboring region was then called. \nIn the summer of 1786, he went before \nCongress and proposed a "project" \nwhich he hoped would bring about the \ndesired treaty. It was this : that the \nUnited States should agree to forbear \nto navigate the Mississippi below the \nsouthern boundary for twenty or thirty \nyears. To this, the seven northern \njoj^j^ J States voted in the affirmative, the six \n\nsouthern States, in the negative ; and \nVirginia immediately passed resolutions in opposition to \nthe proposition. It required the concurrence of nine \nStates to carry such a motion. Nevertheless, Mr. Jay, \nacting upon the decision of the majority, made his proposi- \ntion to Gardoqui, the Spanish minister; but it was rejected \nwith scorn. \n\nThese transactions took place in far-away New York. \nThere were only a few citizens in Kentucky who knew of \nthem shortly after their occurrence. Most of \nSeptiimof the the people were in ignorance of the truth con- \naction of cernins: them. The action of Congress was \n\nCongress o ^ o \n\nmisrepresented. Already Wilkinson had done \nmuch to inflame the people against the Federal govern- \nment. Excitement in the District was rising to a high \ndegree. There was no other way of transportation except \nby water. Kentucky\'s present and future prosperity \nseemed to depend upon her being able to carry her \n\n\n\nTHE SPANISH CONSPIRACY 7 1 \n\nproducts on the Ohio River into the Mississippi, and thus \nto the markets of the world. It was a subject of vital \nimportance. A meeting of citizens was held at Danville \nin May, 1787, to discuss the navigation question. \n\nIn the early summer, Wilkinson gathered together all \nthe tobacco and other products he could buy, and went to \nNew Orleans, ostensibly on a trading expedi- The Spanish \ndition. His real object, however, was to offer ^^^^P^^^^^y \nhis services to Spain in order to restore his now reduced \nfortune. If he failed in this effort, his intention was to \nturn to England for the same purpose. At New Orleans, \nan order was given to seize his cargo; but the cunning \ngeneral sought an interview with Miro, the Spanish gov- \nernor of the province. He explained his visit. Then he \nwas treated with the utmost courtesy. He was allowed to \nsell his goods, for which a high price was paid ; and per- \nmission was granted to him to ship goods to New Orleans \nfor sale. \n\nThe evidence goes to prove that then and there Wilkin- \nson sold himself to Spain. ^ He bound himself to use all \nthe influence in his power (and that influence was great) \n"to obtain the separation of Kentucky from the United \nStates, and then to deliver the District thus separated into \nthe hands of his Majesty the King of Spain, to become a \nprovince of that power." All privileges of trade were \ngranted to Wilkinson, in order that he might prove to the \npeople of Kentucky the advantages they would obtain by \nbecoming Spanish subjects. A large sum of money was \nnow advanced to him, and in the following February he \nreturned to Lexington, to display the success of his trading \nventure, in a carriage drawn by four horses, and accom- \n\nl The Spanish Conspiracy. By Thomas Marshall Green. \n\n\n\n72 \n\n\n\nTHE STRUGGLE FOR INDEPENDENCE \n\n\n\npanied by slaves as attendants. He gave brilliant balls, \nand the young people danced and praised the gallant host ; \n\n\n\n\nWilkinson\'s Return to Lexington \n\n\n\nhe gave fine dinners, and in the midst of the good cheer \nand flashing conversation the older men applauded the cap- \ntivating politician. \n\nIn the meantime, a most notable undertaking had been \naccomplished. On the i8th day of August, 1787, John and \nThe Kentucke Fielding Bradford issued at Lexington the first \nnewspaper published in Kentucky, and the sec- \nond west of the Alleghanies, to which they gave the name \nKentucke Gazette. Accustomed as we are to a multiplicity of \njournals containing a wide range of information, it is hard for \nus to realize the general satisfaction and rejoicing occasioned \nby the appearance of this meager, quaint little sheet, still \nreverently preserved in the public library at Lexington. \n\n\n\nTHE SPANISH CONSPIRACY \n\n\n\n73 \n\n\n\nThe fifth con- \nvention \n\n\n\n\nDuring Wilkinson\'s absence, the fifth convention assem- \nbled, September 17, 1787. It held a quiet session, and ad- \njourned submissive to the act of Virginia, after having pre- \npared a petition to Congress, \nin which the 31st of Decem- \nber, 1788, was fixed upon as \nthe time when the authority of \nVirginia over Kentucky should \n\nterminate. The \n\npeople of the Dis- \ntrict were now informed of \nthe proceedings of the con- :, \nvention through the columns \nof the Gazette. \' ^ \n\nJohn Brown was COmmis- Early Prmtmg press \n\nsioned to present to Congress Kentucky\'s application \nfor admission into the Confederation of States, by which \nname the thirteen original colonies were at \nfirst called. John Brown,^ the son of a Pres- \nbyterian clergyman of Augusta County, Virginia, had \ncome to Kentucky in 1783, the year which brought \nover so many men who acted important parts in the \npublic affairs of the period. He had been a member \nfrom the District in the Virginia Senate, and was \nnow going to take his seat in Congress, to which \nhe had just been appointed. Unfortunately, no quorum \nin Congress was obtained until late in January, 1788. \nKentucky\'s application was not presented until the 29th \nof February. \n\nFrom the opening of Congress the absorbing interest had \nbeen the question of the adoption of the new Federal consti- \n\n\n\nJohn Brown \n\n\n\n^ The Political Beginnings of Kentucky. By John Mason Brown. \n\n\n\n74 THE STRUGGLE FOR INDEPENDENCE \n\ntution, which had recently been prepared and offered to the \nConstitution Several States to be voted upon. It was a topic \nadopted of deep importance. If this constitution were \n\nadopted, \xe2\x80\x94 its supporters wisely foresaw, \xe2\x80\x94 a new, strong \nUnion would be established in place of the old, weak \nConfederation then existing. No attention was paid to \nKentucky\'s application until the end of May. While \nCongress was slowly considering this all-important matter \nfor Kentucky, news was received that New Hampshire \nhad voted in favor of the constitution. Nine States \xe2\x80\x94 \nenough to cause its adoption \xe2\x80\x94 were now secured, and \nVirginia was soon to add her ratification. Of the Ken- \ntucky delegates in the Virginia Assembly only three voted \nin the affirmative. They were Robert Breckinridge, Rice \nBullock, and Humphrey Marshall. \n\nIn Kentucky the new constitution did not meet with \nhearty acceptance. This fact was due to a misapprehen- \nThe Political ^^^^ ^^ ^^^ situation. The people were afraid \n^^"^ that if a stronger central government were es- \n\ntablished, their right to the navigation of the Mississippi \nwould be bartered away in order to secure a treaty with \nSpain. The different points contained in it were freely \ndiscussed, night after night, at the meetings of the Politi- \ncal Club, an organization that was founded in Danville \nin 1786, and existed until 1790. Many of the prominent \ncitizens of the neighborhood were members of the club, \nand matters of vital interest to the District were considered \nby them with an ability that proves the Kentuckians of \nthat time to have been a remarkable people. The minutes \nof the club, which were carefully preserved by the secre- \ntary, Thomas Speed, have recently been published. \n\n1 TAe Political Club. By Thomas Speed- Filson Club Publication No. 9. \n\n\n\nTHE SPANISH CONSPIRACY 75 \n\nAs the new constitution was now adopted, the Congress \nof the old Confederation, then in session, resolved that it \nhad no authority to act upon the application ^ppi^.^tion re- \nof Kentucky. It was therefore referred to the ferredtonew \nconsideration of the new government. The \nresolutions were conveyed to the sixth convention, assem- \nbled at Danville, July 28, 1788. About the same time, a \nletter was received by Judge Samuel McDowell, the presi- \ndent of the convention, from John Brown, the congress- \nman, which contained information concerning the act of \nCongress, and also an account of an interview Brown had \nhad with Gardoqui, the Spanish minister. In this conver- \nsation the Spaniard had " stated that if the people of \nKentucky would erect themselves into an independent \nState and appoint a proper person to negotiate with him, \nhe had authority for that purpose, and would enter into \nan arrangement with them for the exportation of their \nproduce to New Orleans on terms of mutual advantage." \n\nIt is not surprising that the acts of Congress created the \nutmost disappointment in Kentucky, after the tedious, now \nuseless efforts which had been made to obtain Three classes \nindependence. They did more, \xe2\x80\x94 they height- ^^ Kentucky \nened the resentment of some of the people, and increased \ntheir doubt of the good disposition of the central govern- \nment toward them. The northern States had been indif- \nferent to the welfare of the Western Country, and there \nwere many disinterested though unwise men in Kentucky, \nwho were exasperated at the slow action of Congress in \ntheir affairs. Recognizing the necessity of the District\'s \nbecoming an independent State, and the value of the per- \nmission to navigate the Mississippi River, they were will- \ning to resort to revolutionary means in order to obtain \nthese advantages. But there were others who had no \n\n\n\n76 THE STRUGGLE FOR INDEPENDENCE \n\nthought of the good of the community, and acted solely \nfrom selfish interest. Whatever conflicting views may be \nheld regarding the motives of some during this most con- \nfusing period, there can be no doubt of the falsity of Wil- \nkinson and Sebastian, \xe2\x80\x94 they are self-convicted. There \nwas another class, to whom too much honor cannot be \ngiven, \xe2\x80\x94 those who in the midst of the excited passions of \nthe time remained loyal to the government of the United \nStates. The two former classes belonged to the Court \nparty ; the latter, to the Country party. \n\nStill that controlling spirit of wise moderation (which \n\nhas been pointed out in the second chapter of this period) \n\nheld the convention back from any rash act. \n\nTemper of the ^ . . \n\nsixth conven- However, as an outgrowth of the prevailing \nexcitement, it called for the election of dele- \ngates to a seventh convention, who should be empowered \n"to do and accomplish whatever, on a consideration of \nthe state of the District, may in their opinion promote its \ninterest." Now was Wilkinson\'s opportunity to lead the \npeople to believe that it would " promote their interests " \nto become Spanish subjects; but like all schemers he \nworked slyly, never openly. \n\nBefore the election of delegates to the seventh conven- \ntion, George Muter, chief justice of the District, published \nJudge Muter \'s in the Gazette 2Ci\\ address to the people. He \naddress provcd that they had no authority to act for \n\nthemselves independently of Virginia, and that by so doing \nthey would be guilty of treason. He pointed out the evi- \ndent meaning of the resolution of the late convention. He \nshowed that it clearly gave to the delegates of the next \nconvention power to treat with Spain to obtain the naviga- \ntion of the Mississippi. He proved that such action would \nbe contrary to the Federal constitution, and he therefore \n\n\n\nTHE SPANISH CONSPIRACY 77 \n\nsuggested to the people of Fayette County that they should \ninstruct their next delegates not to agree to frame a con- \nstitution and form of government without first obtaining \nthe consent of the Virginia legislature and not to make \nany application for the navigation of the Mississippi other \nthan to the legislature of Virginia or to the Congress of \nthe United States. \n\nThis had the desired effect. The contest in the other \ncounties was quiet ; but in Fayette it was attended by great \nexcitement. As usual, the election lasted five The Fayette \ndays. It became evident that the Country election \nparty was going to be completely victorious. The ever \nadroit Wilkinson, one of the candidates of the Court party, \nperceived the situation, and promptly announced that he \nwould be guided in voting in the convention by the wishes \nof his constituents. This promise and his great popularity \nsecured his election, while his associates were defeated. \nThe other four delegates chosen were John Allen, Colonel \nJoseph Crockett, Colonel Thomas Marshall, and Judge \nMuter. \n\nThe seventh convention assembled November 4, 1788. \nThe most vital question in the life of Kentucky was about \nto be decided : whether she should determine seventh \nto submit to the recent act of Congress and convention \ntake the necessary legal steps to obtain her separation \nfrom Virginia and admittance into the Union, or whether \nshe should determine to separate herself illegally from \nVirginia and erect herself into an independent State. If \nthe latter course were followed, the Spanish government \nhad a good chance to obtain control of Kentucky. \n\nThe forces in the convention were drawn up against \neach other. Let it not be supposed, however, that all \nthose who favored violent separation from Virginia knew \n\n\n\n78 THE STRUGGLE FOR INDEPENDENCE \n\nof, or sympathized with, Wilkinson\'s scheme to make \nKentucky a Spanish province. At the outset a discussion \narose as to the power which the convention possessed. \nThe Court party contended that it had all power necessary \nto frame a constitution, to declare the District independent, \netc. The Country party, on the contrary, strongly opposed \nevery argument of this nature. \n\nUpon the day following this discussion Wilkinson made \na speech before the convention. He dwelt feelingly upon \nWilkinson\'s the dangers of Indian hostilities, and described \nspeech brilliantly the advantages of the navigation of \n\nthe Mississippi River, and pointed out the inability of Con- \ngress to obtain for Kentucky this benefit. He openly \nadvocated the violent separation of Kentucky from Vir- \nginia ; but he only hinted at his real scheme, \xe2\x80\x94 to deliver \nKentucky when thus separated into the hands of the \nSpanish government. And all the while he watched the \nfaces of his hearers to see what effect his adroit sugges- \ntions would have upon them. If he discovered satisfac- \ntion on their countenances, he would go further and declare \nhis plan ; if he discovered disapproval, he had not com- \nmitted himself in words, and he could yet retreat. \n\nThe majority of the convention were not only indisposed \nto listen to any overtures from Spain, but they were de- \nLoyaity of the cidedly loyal to the government of the United \nconvention States, and opposed to an illegal separation \nfrom Virginia. Wilkinson misunderstood the Kentuckians. \nThey applauded his showy oratory, but they were independ- \nent in action and stanch in principle. They were thor- \noughly aroused to an appreciation of the dangers which \nmight arise from their dependent position, and of the fatal \nresults of the Mississippi being closed to them. And yet \nthey nobly resisted the temptation of benefits offered to \n\n\n\nTHE SPANISH CONSPIRACY 79 \n\nthem by. Spain, and remained loyal to the country for \nwhich they had fought, and had been ready to give their \nlives. \n\nIn the revulsion of feeling created by the sentiments \nthus boldly advocated by Wilkinson a resolution, offered \nby John Edwards and seconded by Thomas Turning point \nMarshall, was agreed to, which proved to be ^^ ^^^ contest \nthe turning point in the contest. The resolution provided \nfor the appointment of " a committee to draw up a decent \nand respectful address to the people of Virginia, for ob- \ntaining the independence of the District of Kentucky \nagreeable to the late resolutions and recommendations of \nCongress." \n\nBut even after this decisive indication of the loyal feel- \ning of the convention had been given, other efforts were \nmade by the opposite faction to carry their \xe2\x80\x9e _ ^ _ \n\nJ ^J^ J Further efforts \n\nobject. Before the "decent and respectful" of the court \naddress was accepted, Wilkinson offered a ^^^ ^ \nresolution that a committee be appointed to draft an ad- \ndress to the good people of the District urging them to \nfurnish the convention at its next session with instruction \nhow to proceed in this important subject of an independent \ngovernment. \n\nThis resolution was adopted, greatly to the fears of the \nparty opposing illegal separation. Whereupon, Colonel \nCrockett, lately an officer of the Revolution patriotism \nand a stanch adherent of the Union, left the ^"umphs \nconvention and hastened to Fayette County. He returned \nin two days, having obtained the signatures of several \nhundred citizens who were opposed to an illegal separa- \ntion. Wilkinson, who had given his promise to be guided \nby the will of his constituents, was obliged to submit. \nPatriotism carried the day. The address to the Virginia \n\n\n\nSo \n\n\n\ntup: struggle for independence \n\n\n\nAssembly was accepted, and the convention adjourned to \nmeet again the following July. \n\nThis was the crisis in the life of Kentucky. It has been \n\ndwelt upon thus at length because no other event in her \n\nhistory so clearly reveals the character of the \n\nLoyalty -^ -^ \n\ncharacteristic people. Let every one who studies this subject \nen uc y Iq^^w that in the midst of high excitement thej \nKentuckians acted deliberately and soberly; in the midst \nof strong temptations they acted wisely and patriotically. \nLet him also learn that in Kentucky every individual has \nweight. Although Wilkinson did not abandon his scheme \nto separate Kentucky from the United States, and although \nhis friend, Sebastian, after this received a pension from \nSpain for his efforts in that work, yet there was no further \ndanger that Kentucky would become disloyal to the Union. \n\n\n\nRECAPITULATION \n\n\n\nSpanish possessions in America. \n\nSpain desires to hold the region. \n\nOwns both sides of the Mississippi \nbelow the 31st degree of latitude. \n\nRefuses navigation to the Ameri- \ncans. \n\n** Jay\'s project." \n\nAction of Congress on the subject \nmisunderstood. \n\nThe navigation necessary to Ken- \ntucky\'s prosperity. \n\nExcitement in the District. \n\nMeeting of citizens at Danville. \n\nWilkinson goes to New Orleans. \n\nAllies himself with Spain. \n\nRight of trade, etc., granted him. \n\nHe returns in state to impress the \npeople. \n\nKetitucke Gazette established. \n\nFifth convention holds a quiet session. \n\n\n\nFixes the time for separation. \n\nProceedings published in the Gazette. \n\nJohn Brown, congressman of the Dis- \ntrict. \n\nHe presents Kentucky\'s petition. \n\nCongress is absorbed in other mat- \nters. \n\nPays no attention to the petition. \n\nNew Federal constitution adopted. \n\nThe petition is brought before the \nold Congress. \n\nIs referred to the new Congress. \n\nThe sixth convention is informed of \nthis fact. \n\nBrown\'s letter to McDowell. \n\nGardoqui\'s proposition to Kentucky, \n\nKentucky distracted because of her \nsituation. \n\nTwo classes in the Court party. \n\nThe Country party loyal. \n\n\n\nTHE SPANISH CONSPIRACY \n\n\n\n8l \n\n\n\nWilkinson and Sebastian. \nThe convention moderate in action. \nDangerous resolutions are adopted. \nMuter\'s card points out the meaning \n\nof the resolutions. \nEffect upon the election in Fayette \n\nCounty. \nWilkinson\'s promise and election. \nThe vital question before the seventh \n\nconvention. \nIllegal separation advocated. \n\nKENT. HIST. \xe2\x80\x94 6 \n\n\n\nWilkinson\'s adroit speech. \n\nConvention opposed to his sugges- \ntions. \n\nContrary resolutions carried. \n\nWilkinson\'s further effort. \n\nCrockett\'s petition from Fayette \nCounty. \n\nWilkinson obliged to submit. \n\nVictory of the loyal party. \n\nKentucky\'s sober conduct. \n\nThe people control. \n\n\n\nCHAPTER VIII \n\nTHE END OF THE STRUGGLE, 1 788-1 792 \n\nStill the struggle for statehood was not ended. No- \nwhere was there any official opposition to Kentucky\'s be- \nstatehood not coming an independent member of the Union, \nyet attained neither within the District, in the Virginia \nAssembly, nor in the Congress of the United States. And \nyet, by some strange enchantment, it seemed impossible to \naccomplish the desired end. The fruitless conventions have \nbeen compared to " the card edifices of children which are \nno sooner erected than, at a breath, they are destroyed." \n\nNo parallel occurs in history of such exasperating, need^ \nless delay in a worthy cause. The annals of history may \nbe searched in vain, also, to find a parallel to the patience \nwith which the high-spirited Kentuckians bore these trials, \nand to the loyalty which they cherished toward the govern- \nment of their country. Kentucky\'s situation was isolated ; \nbut the deep excitement which prevailed in the District \nconcerning the separation and the navigation of the Mis- \nsissippi was known abroad. \n\nIn the autumn of 1788, Dr. John Connolly appeared in \nKentucky. He was the same Connolly for whom, in 1773, \nBritish lands had been surveyed at the Falls of the \n\nintrigue Ohio, where the city of Louisville now stands. \n\nHe announced that he came to look after these lands, of \nwhich he had been deprived because he was a Tory. But in \nreality he was a British agent. His mission was to induce \n\n82 \n\n\n\nTHE END OF THE STRUGGLE 83 \n\nKentucky to withdraw from the Union and to throw her- \nself upon the protection of Great Britain, who would assist \nher with troops, ammunition, etc., to take possession of \nNew Orleans, and thus to force the navigation of the \nMississippi from Spain by arms. \n\nThe fertile Kentucky country and the vast West con- \nnected with it were objects of desire to foreign kingdoms. \nAlready it had been known to the people of the District \nthat Great Britain stood ready with open arms to receive \nthem. Connolly visited many prominent men in Louisville, \nand then went to Fayette County, where he held an inter- \nview with Colonel Thomas Marshall, a few days after the \nexciting seventh convention (November, 1788). But \nMarshall was strongly attached to the Federal government \nand a friend of Washington, the President elect of the \nUnited States. Dr. Connolly met with no encouragement, \nand the British intrigue came to an end. \n\nStill other acts were to be passed by the Virginia legisla- \nture, and further conventions held in Kentucky, before the \nweary work of separation was over. The eighth other conven- \nconvention, which assembled July 20, 1789, ^^\xc2\xb0\xc2\xb0^ \nobjected to certain points in the third act of Virginia. A \nfourth act w^as then passed. To this, the ninth conven- \ntion, assembled July 26, 1790, agreed, and fixed the ist \nday of June, 1792, as the date when the separation should \ntake place. This convention called for the election .of \ndelegates to a tenth convention. \n\nOther acts regarding Kentucky were also passed by the \nVirginia legislature about this time. One sixth part of \nthe surveyors\' fees, formerly paid to William otiig^actsof \nand Mary Collesre (Viroinia), were ordered to .the Virginia \nu -^ i ^ ^ ^ c \xe2\x80\xa2 AT ^-u Assembly \n\nbe paid to 1 ransylvania bemmary. Also the \n\ncounty of Woodford was established, the last of the nine \n\n\n\n84 THE STRUGGLE FOR INDEPENDENCE \n\nformed while Kentucky was a District. They were in \norder: Fayette, Jefferson, Lincoln, Nelson, Bourbon, \nMercer, Madison, Mason, and Woodford. \n\nThe last towns established during the colonial period \nwere Bardstown and Hopewell. The latter was settled \nas Houston\'s Station, in 1776. In 1790, the name was \nchanged to Paris. To-day it is the thriving center of the \nwealthy county of Bourbon. Many prominent men lived \nin and about Bardstown in the early times. There, in the \ncemetery, is the grave of poor John Fitch (bearing the \ndate of his death, 1798), whose name is so pathetically \nconnected with the invention of the steamboat. The town \nand surrounding neighborhood were settled largely by \nMaryland Cathohcs at the close of the Revolution. They \nwere people of culture, and they have held the region to \nthe present day, planting in it their institutions of learn- \ning and religion. Thither fled Trappist monks from \nFrance, who founded the " Home of the Silent Brother- \nhood." Near by the pious Sisters of Loretto dwell in \ntheir convent of the Stricken Heart. \n\nThe Presbyterians in Kentucky have already been dwelt \nupon. The Baptists entered Kentucky in the very begin- \nEariy religious ^^^S ^^ i^s Settlement. The Rev. William \ndenominations Hickman preached here as early as 1776; \nbut it was not until i yS 1 that there existed an organized \nchurch. In September of that year, the Rev. Lewis \nCraig, and most of his congregation, left Spottsylvania \nCounty, Virginia, for Kentucky. ^ As they traveled, they \nstopped occasionally on the way to hold regular services. \nThus they entered the District as an organized church. \n\n1 Other immigrants had attached themselves to the expedition. There \nwere in all between five and six hundred. TAe Traveling Churchy by George \nW. Ranck. \n\n\n\nTHE END OF THE STRUGGLE \n\n\n\n85 \n\n\n\nThe next in point of time were the Methodists, whose \nevangelistic spirit early led them forth to preach the Gos- \npel in the new country. The Episcopahans had no church \nuntil many years after the District had become a State. \nThat large and ever increasing denomination known under \nthe broad appellation the Christian church had not yet \ntaken its rise. \n\nAgain the depressing account of Indian depredations \nmust be continued. The people of the District had left \nthe protection of the \nforts, and were now liv- \ning in separated homes. \nThe Indians no longer \ncame in large numbers, \nbut small parties would \nfall upon and murder \nIndian single indi- \n\ndepredations yiduals, or \n\nseveral traveling to- \ngether. Men hunting \ngame for their families \nwere attacked. Men and \nwomen calmly going to \nchurch were killed or \ncaptured. Tragedies \nupon the Ohio River were especially frequent. Boats \nbearing travelers from, or settlers into, the District were \nseized, and the occupants were subjected to the most cruel \ntortures. Far and wide rang the cry of these distressing \nfacts. Complaints were made to the President of the \nUnited States and to the secretary of war. In answer, \nthe President assured the people that measures for their \nprotection would be taken ; and the secretary of war \n\n\n\n\nCaptured on the Way to Church \n\n\n\n86 \n\n\n\nTHE STRUGGLE FOR INDEPENDENCE \n\n\n\nauthorized the county Heutenants to call out scouts to \nguard the frontier. \n\n\n\n\nKentucky Captives \n\n\n\n" At last the \ngovernment of the United \nStates had learned that \ntreaties with Indians were \nof no avail, and that the only way to subdue them was to \ncarry war home to them in their own country. General \nHarmar was now placed at the head of three hundred and \n\n\n\nTHE END OF THE STRUGGLE 8/ \n\ntwenty regulars of the United States army. Soon a force \namounting to more than eleven hundred volunteers was \ncollected in Kentucky, under Colonel John Hardin. These \ntroops assembled at Fort Washington (where Cincinnati now \nstands), September 30, 1790, and marched to Harmar\'s \nthe towns of the Miami Indians. Harmar had ^^^^^^ \nbeen an officer in the Revolution ; but he seems to have \nlost his military ability upon this expedition. He might \nhave overawed and conquered the Indians by meeting \nthem with his whole body of troops. But instead of doing \nthis, twice he sent out small detachments, each time under \nthe command of Colonel Hardin, and each time these were \nsurprised and almost completely destroyed ; while not far \naway, the larger portion of the army remained calmly in \ncamp. Harmar\'s defeat lost him his reputation, and made \nthe Indians exultant and consequently more murderous \ntoward the Kentuckians. \n\nBetween the years 1783 and 1790, about fifteen hundred \npersons had been killed or taken captive within the Dis- \ntrict, or on their way to it. Further efforts Local Board of \nwere made to stop such tragedies. A local ^^ \nBoard of War was appointed by Congress, which should \nhave charge of the protection of the District. The men \nchosen for this position of trust were Colonel Isaac Shelby, \nthe man who had turned the tide at Point Pleasant, \nand who had planned the scheme of attack which led to \nthe decisive victory at King\'s Mountain ; General Charles \nScott, also a tried officer of the Revolution ; Hary Innes, \nformerly attorney-general of the District, now judge of the \nFederal court ; Congressman John Brown ; and Benjamin \nLogan, well known to us as a pioneer. \n\nAbout this time General Arthur St. Clair, then governor \nof the Northwestern Territory, was appointed commander \n\n\n\nSS THE STRUGGLE FOR INDEPENDENCE \n\nin chief of the army of the Northwest. Another expe- \ndition against the Miami Indians was planned. As a \npreparation for this serious undertaking two g^ ciair\'s ap- \nsmall, but successful, expeditions against the pointment \nWabash Indians were arranged by the local Board of \nWar, \xe2\x80\x94 the first under General Charles Scott, the second \nled by Colonel James Wilkinson. Their object was to \nsubdue these Indians, so that they would not aid the \nMiami tribes. General St. Clair\'s appointment was not \nagreeable to the Kentuckians. While he was an honor- \nable man and a brave officer, he was old and infirm, and \naltogether unfitted for the projected campaign against the \nmost formidable of Indian confederations. No volunteers \noffered in Kentucky. Therefore, one thousand unwilling \nmen were drafted and placed under the command of \nColonel William Oldham. Many of these deserted before \nreaching their destination. \n\nSt. Clair was not aided by the government as he might \nhave been.i By the day of the battle not more than f our- \nteen hundred men remained g^ ciair\'s de- \nin his army. Of these only *^^^ \na small portion were regulars. The rest \nwere dissatisfied, undisciplined troops, \nwith whom a very capable leader would \nhave found victory difficult. With St. \nClair defeat was inevitable. On the 3d \nof November, 1791, the army was en- \nArthur St. Clair camped on the eastern fork of the \nWabash River. During the afternoon and evening, \nIndians were discovered in the vicinity, and were fre- \nquently shot at by the sentinels. St. Clair had been \n\n^ SA C/air^s Defeat. By Hon. Theodore Roosevelt. Harper\'s Magazine, \nFebruary, 1896. \n\n\n\n\nTHE END OF THE STRUGGLE 89 \n\nexpressly warned by Washington against a surprise, and \nyet he made no preparation for an attack. Consequently, \njust after sunrise, the next morning, when the Indians \nopened fire upon the army, there was the old story of a \nsurprise, with all the panic and slaughter which usually \nfollow. St. Clair and General Richard Butler, the second \nin command, courageously tried to rally their men, but in \nvain. The Indians were so hidden by the smoke of the \nartillery of the whites that they could not be seen. They \nseemed suddenly to spring out of the earth to shoot down \nthe foe, and then to disappear. Most of the officers \n(among them, General Butler) were killed, and about two \nthirds of the army. Then only one thought inspired the \nrest, \xe2\x80\x94 every man made a mad rush to save his own life, \nand the Indians followed in close pursuit. \n\nThe previous February, the Congress of the United \nStates had agreed to admit Kentucky into the Union as \nan independent State, June i, 1792. Accord- constitutional \ningly, April 3, 1792, the tenth and last conven- convention \ntion assembled at Danville, as usual, to form a constitution \nfor the new Commonwealth. The convention was com- \nposed of five delegates from each of the nine counties then \nexisting. The majority of them were very able men ; many \nof them had served repeatedly in former conventions. The \nconstitution was modeled after the recently launched Fed- \neral constitution. \n\nThe government was organized under three heads, \xe2\x80\x94 \nlegislative, executive, and judicial. The legislative power \nwas vested in a General Assembly, consisting Features of the \nof a Senate and a House of Representatives, constitution \nThe senators were chosen for four years by a college \nof electors. The representatives were chosen for one \nyear, and were elected by the people. The executive \n\n\n\n90 \n\n\n\nTHE STRUGGLE FOR INDEPENDENCE \n\n\n\npower was vested in a governor, who was likewise chosen \nfor four years by the college of electors. The judicial \npower was vested in a supreme court and inferior courts, \nwhich the legislature might from time to time establish. \nThe judges of the supreme court and of the inferior courts \nwere nominated with the consent of the Senate, were ap- \npointed by the governor, and held office during good \nbehavior. Elections were made by ballot, and the right \nof suffrage was granted to every free male white inhabi- \ntant of the State, of the proper age, who had not been dis- \nfranchised by conviction of crime. Ministers were not \nallowed to hold any legislative office. No point in the \ndocument is more worthy of note than the fact that com- \nmerce in slaves was prohibited. While the provision was \nmade that the legislature could not emancipate slaves \nwithout the consent of their owners, yet the power was \ngiven to that body to force the owners of slaves to provide \nproperly for them, and to treat them with humanity. \n\n" Immediately after the adoption of the constitution, \nColonel Isaac Shelby was elected governor. In him the \n\nState secured an admi- ^ \n\nIsaac Shelby, \n\nrable chief magistrate, the first \nThe people could not ^\xc2\xb0"\'\'\xc2\xb0\xc2\xb0^ \nhave chosen better. He was a \nMarylander, who became, in his \nearly manhood, a citizen of what \nis now Tennessee (then a part of \nNorth Carolina). He did brilliant \nservice in the battle of Point \nPleasant, in October, 1774. After- \nwards, in North Carolina, he \nplayed a most gallant part in small \nexpeditions, but especially in remedying the ruin that the \n\n\n\n\nIsaac Shelby \n\n\n\nTHE END OF THE STRUGGLE \n\n\n\n91 \n\n\n\ndefeat of Gates at Camden brought upon the continental \ncause. When others were appalled by the magnitude of \nthis disaster, Shelby seemed to awake to a full sense of \nhis really great military power. He saved a little army \nhe then commanded, and secured a large number of \nprisoners in his hands by a swift march to the west into \nthe recesses of the Blue Ridge Mountains. Then, when \nhe had disposed of his captives, he turned upon the famous \n\n\n\n\nBattle of King\'s Mountain \n\nFerguson, and by the well-conceived and admirably exe- \ncuted move on King\'s Mountain, destroyed the force oi \nthat able commander at a single blow. Although Shelby \nwas not in name the chief in this action, there is no reason \nto doubt that the conception of the campaign and the \nvigor of its execution were his alone. His also was the \nscheme of attack which led to the battle of Cowpens. He \nwent to Kentucky in 1783, where he married and re- \n\n\n\n92 \n\n\n\nTHE STRUGGLE FOR INDEPENDENCE \n\n\n\nmained, taking part in the early struggles for emancipa- \ntion from Virginia\'s control. As brave in action as he was \nwise in council, his choice as the first governor was an \nhonor and a blessing to the young Commonwealth." ^ \n\n\n\nRECAPITULATION \n\n\n\nStatehood not yet attained. \n\nThe fact known abroad. \n\nA British agent sent to Kentucky, \n\nThe bribe ready for Kentucky. \n\nThe intrigue disclosed to Colonel \n\nThomas Marshall. \nThe end of the intrigue. \nEighth convention rejects the third \n\nact of Virginia. \nNinth convention agrees to the fourth \n\nact. \nDate for separation fixed. \nTenth convention called. \nThe counties of the colonial era. \nHopewell established. \nBardstown established. \nRoman Catholic occupation. \nBaptists in Kentucky. \n"The Traveling Church." \nThe Methodists, \nOther denominations. \nTroubles from Indians agam. \n\n\n\nTreaties with Indians of no avail. \nAn expedition against the Miamisi \n\nplanned. \nForce sent from Kentucky. \nHarmar\'s defeat. \n\nIndians more belligerent than ever. - \nLocal Board of War appointed. \nSt. Clair\'s appointment. \nDissatisfaction of Kentuckians. \nKentucky troops are drafted. \nExpedition against the Miami Indians. \nSt. Clair\'s overwhelming defeat. \nKentucky admitted into the Union. \nTenth convention. \nState constitution framed. \nResembles the Federal constitution. \nLegislative, executive, and judicial \n\npowers. \nCommerce in slaves prohibited. \nIsaac Shelby chosen governor. \nHis military and civil services and fit \n\nness for the position. \n\n\n\n* The above quotation is taken from Professor Shaler\'s scholarly study \nKentucky in the American Commonwealth Series. \n\n\n\nFOUNDING OF THE COMMON- \nWEALTH, 1792-1850 \n\n\n\nCHAPTER IX \n\nORGANIZATION OF THE GOVERNMENT, 1 792-1 796 \n\nThe years of weary waiting were over at last, and the \ngovernment of the new Commonwealth was about to be \norganized. On the morning of the 4th of Lexington the \nJune, 1792, the town of Lexington \xe2\x80\x94 ap- ^\'\'^ \'^^^^^^ \npointed to be the first capital of the State \xe2\x80\x94 was stirred \nwith eager anticipation. The day before, Isaac Shelby had \nleft his country place in Lincoln County and started on his \njourney to assume the duties of governor. At Danville the \ncitizens poured forth to offer their congratulations in an ad- \ndress which had been prepared for the occasion. On the \nway, Shelby was met by a company of volunteer troops, \nwhich had been sent out from Lexington to conduct him \ninto the capital. From various parts of the State, stran- \ngers had come to witness the ceremonies of the inaugura- \ntion. The people were all in the streets, arrayed in their \nbest attire. There was a generous mingling of broadcloth \ncostumes and buckskin, of imported silk and homespun \ngowns. \n\n93 \n\n\n\n94 \n\n\n\nFOUNDING OF THE COMMONWEALTH \n\n\n\nAs the procession neared the town, loud cheers arose, \nwhich were somewhat drowned by the firing of a cannon, \nThe inaug- the cracking of rifles, and the beating of drums, \nuration ^^ ^^^ comcr of Main Street and Broadway \n\nthe governor was received with mihtary honors by the Lex- \n\n\n\n\nShelby\'s Inauguratiu \n\nington Light Infantry. There he alighted from his horse \nto receive the address of welcome which was presented to \nhim by the chairman of the town Board of Trustees, \nJohn Bradford, otherwise \'* Old Wisdom," who has already \nbeen introduced to us as editor of the KentJicke Gazette. \nCourtly formality and homely simplicity met in the un- \n\n\n\nORGANIZATION OF THE GOVERNMENT 95 \n\npaved public square. The oath of office was adminis- \ntered to the governor. Then, with the same stateliness and \nmiUtary parade that had characterized the entire proceed- \ning, he was escorted to his chambers to rest at the Sheaf of \nWheat inn, while the enthusiasm of the citizens continued \nand the bells of the town broke forth in joyous acclamation. \n\nLater in the day, the governor sent his reply to the \n\xe2\x80\xa2address of welcome and, at the same time, announced his \nappointments for secretary of state and attor- state \nney-general. James Brown, selected for the appointments \nformer office, afterwards served repeatedly in the United \nStates Senate and ably filled the high position of minister \nto France. George Nicholas, appointed to the latter office, \nwas one of the brilliant Virginians who had sought Ken- \ntucky at the close of the Revolution. He was a truly \ngreat lawyer. His career here was as successful as it was \nshort. He settled near Danville in 1788, and died in \nLexington in 1799. \n\nThe legislature assembled and chose the speakers of \nthe two houses, \xe2\x80\x94 Alexander Scott Bullitt, for the Senate, \nand Robert Breckinridge, for the House of Legislature \nRepresentatives. On the sixth day, the gover- assembles \nnor met the legislature in person, after the ancient custom \nof English kings which had been followed by the colonial \ngovernors. He appeared at the door of the Senate cham- \nber of the first log statehouse, attended by his secretary \nof state. The speaker of the Senate advanced to meet \nhim to conduct him to his seat. After a moment of \nsolemn silence, he arose, read an address to the two \nHouses, and presented a manuscript copy to each of \nthe speakers, and then retired in an impressive manner. \nThe speaker of the House of Representatives and the \nmembers thereof likewise retired to transact business in \n\n\n\n96 \n\n\n\nFOUNDING OF THE COMMONWEALTH \n\n\n\ntheir own hall. The legislature elected two United States \nsenators, \xe2\x80\x94 John Brown, who had already represented Ken- \ntucky in the old Congress, and John Edwards. The \nHouse of Representatives elected five commissioners to \nfix upon a permanent seat of government. \n\nThe court of ap- \npeals consisted of three\' \njudges. The persons \nappointed juages ap- \nby the gov- p\xc2\xb0^^^\'^ \nernor for this dignified \nposition were Caleb \nWallace, another able \nVirginia lawyer who \nhad risen to high stand- \ning in Kentucky ; Ben- \njamin Sebastian, the \nsame who had entered \ninto the Spanish con- \ns p i r a c y , but whose \ntreason was not then \nsuspected ; and Hary \nInnes, who was se- \nlected to be chief justice. Innes declined, however, in \norder to receive the office of United States district judge, \nand George Muter was appointed in his stead. \n\nOn the 22d of December, 1792, the second session of \nthe first Kentucky legislature adjourned, to hold no more \n\n\n\n\nHary Innes \n\n\n\nFrankfort the \npermanent cap \nital of the \nState \n\n\n\nin Lexington. The commissioners \n\n\n\nhad selected Frankfort as the permanent cap- \nital of the State. Nestled in the midst of \nhills, on the banks of the Kentucky River, Frankfort had \ncertainly .the advantage of a picturesque situation. A \n\n\n\nORGANIZATION OF THE GOVERNMENT 97 \n\nprivate dwelling wavS employed as a temporary statehouse \nwhile a permanent stone building was being erected. \nThis was occupied November 3, 1794. A governor\'s \nmansion was likewise built. \n\nThe Indians were not yet subdued and still continued to \nharass the Kentuckians. Major John Adair, with about \none hundred Kentucky militia, after a gallant Military \nfight at Fort St. Clair, in Ohio, was defeated by ^^^"^ \na large body of Indians under Little Turtle. Colonel \nJohn Hardin and Major Truman were sent by General \nJames Wilkinson on a mission to the Indians in northwest \nOhio, and both were murdered. Boats were continually \nwaylaid, and isolated frontier stations were attacked. \n\nAfter his disastrous defeat, General St. Clair retired from \nthe command of the armies of the Northwest, and General \nWayne, known as " Mad Anthony," \nwas appointed to that position. Gen- \neral Wayne called upon Kentucky \nfor volunteers; but the Kentuckians \nhad lost confidence in regular troops, \nbecause of the defeats of Harmar \nand St. Clair, and none offered. Gov- \nernor Shelby ordered a draft, and in \nithis way one thousand mounted mili- \nftiamen were raised and placed under \nGeneral Charles Scott\'s command. , . \n\nAntno/iy Wayne \n\nThey joined General Wayne, October \n\n24, 1793, at his headquarters, about eighty miles north oi \nCincinnati. Because of the approach of winter, however, \nthe commander in chief decided not to prosecute the pro- \nposed campaign at that time. Fort Greenville was built, \nand the regular troops went into winter quarters, while the \nKentucky militia were dismissed. One benefit had been \n\nKENT. HIST. \xe2\x80\x94 7 \n\n\n\n\n98 \n\n\n\nFOUNDING OF THE COMMONWEALTH \n\n\n\nPolitical affairs \n\n\n\nobtained : General Wayne\'s military ability had inspired \nthe Kentuckians with confidence. \n\nTwo issues ran side by side in the State and divided the \nthoughts of the people : the cessation of their Indian \ntroubles, and the navigation of the Mississippi \nRiver. For years there had been many poli- \nticians in Kentucky who believed that these benefits might \nhave been obtained for them, if Congress had not been \nindifferent to their welfare. Great animosity was felt \ntoward England, which still held the military posts in \nthe Northwest, and toward Spain, which had closed to \nthem the Mississippi. \n\nIn 1793, news reached Kentucky that France had de- \nclared war against Eng- \nland, Spain, and Holland. \nThe further fact was made \nknown that the President \nhad refused to enter into \nan alliance with France. \nWashington knew that \nwar at this time would \nbe disastrous to the \nUnited States. He stood \nfirm on this point through \nthat marvelous, calm \nforesight which con- \ntrolled all his actions. \nBut the majority of the \npeople of the United \nStates sympathized with \nFrance, who had so re- \ncently aided them in their conflict with Great Britain. \nNowhere was this attachment more ardent than in Ken- \n\n\n\n\nGeorge Washington \n\n\n\nORGANIZATION OF THE GOVERNMENT 99 \n\ntucky. Nevertheless, as is invariably the case, there was \na division of sentiment. \n\nThose who adhered to the policy of the government of \nthe United States were called Federalists ; those who were \nopposed to it were called either Anti-Federal- ^ , ,. , \n\n^J^ Federalists and \n\nists, or Republicans, and later, Democrats. At Anti- \nLexington there was organized a Democratic \nClub, \xe2\x80\x94 an outgrowth of the one already established at \nPhiladelphia, which was modeled on the Jacobin clubs of \nFrance. Others sprang up at Georgetown and Paris. \nIn Kentucky the horrors of the French Revolution were \nstill unknown. It represented only an inspiring movement \ntoward liberty. The tone of the Lexington society is indi- \ncated by the following resolution : \'\' That the right of the \npeople on the waters of the Mississippi, to its navigation, \nis undoubted, and ought to be peremptorily demanded of \nSpain by the United States government." \n\nJohn Breckinridge was its first president. He was a \nyoung lawyer, who had recently come to Kentucky from \nVirginia. His clear mind and eloquent oratory john \nhad brought him recognition in his native State. Breckinridge \nIn Kentucky he took an active part in political affairs. He \ndied in 1806, having held for one year the office of attorney- \ngeneral in Jefferson\'s cabinet. \n\nCitizen Genet, minister of France, had recently landed \nat Charleston, South Carolina, for the purpose of enlisting \naid for his country in the impending war. Im- French \nmediately he saw the situation in Kentucky, conspiracy \nand sent thither several agents to raise volunteers for an \nexpedition against New Orleans and the Spanish posses- \nsions. So intense was the feeling in Kentucky on the \nnavigation question, that the Frenchman succeeded in en- \nlisting two thousand men for this conspiracy. George \n\n\n\nlOO FOUNDING OF THE COMMONWEALTH \n\nRogers Clark accepted the commission of "major general \nin the armies of France and commander in chief of the \nrevolutionary legions on the Mississippi." \n\nThe proposed conspiracy became known to the Federal \ngovernment. Letters passed between Washington and \nGovernor Shelby on the subject. It was a time of trial \n\nShelby\'s to the govcrnor, but his conduct was marked \n\nposi ion ^.^j^ caution and wisdom. As governor of \n\nKentucky he stood ready to perform whatever was con- \nstitutionally required of him; but he believed that this \nmatter concerned the Federal government, and not that of \nthe State. He did not believe he had the power to forbid \nthe expedition if it could be accomplished. Moreover, he \ndid not believe that it would be carried out. But the mat- \nter offered him a fitting opportunity to make known to the \nPresident the intense feeling of the Anti-Federalists in \nKentucky against the central government, which had not \nobtained for the State the navigation of the Mississippi. \nHappily the expedition was not accomplished. Washing- \nton succeeded in having Genet recalled, and another minis- \nter was appointed in his stead. \n\nThe campaign against the Indians in the Northwest, \nprojected by General Wayne in the autumn of 1793, was \ncarried into effect the following summer. In July, Gen- \neral Charles Scott, with sixteen hundred Kentucky vol- \nunteers, joined General Wayne at Fort Recovery. The \nWayne\'s regular force under General Wayne was about \n\nvictory equal in numbers to the Kentucky militia. On \n\nthe 20th of August, 1794, a battle was fought at Fallen \nTimbers, on the Maumee, which resulted in a brilliant \nvictory for the Americans. An equally beneficial event \nfollowed close upon Wayne\'s conquest. In November, \nChief Justice John Jay succeeded in concluding a treaty \n\n\n\nORGANIZATION OF THE GOVERNMENT lOI \n\nbetween the United States and Great Britain. Conse- \nquently the British posts in the Northwest were at last \nsurrendered. \n\nIt was some time before this last fact was known in \nKentucky. Prior to that time, in the year 1795, the \nSpanish governor of Louisiana again at- g^^^^^ \ntempted to bribe Kentucky to secede from Spanish \nthe Union, and to form an alliance with ^^^\'p^\'^^^ \nSpain, in order to obtain the navigation of the Mississippi. \nThomas Power, a naturalized Spaniard, was sent to Ken- \ntucky to secure agents to accomplish this end. The man \nselected to receive Power\'s communication was Judge \nBenjamin Sebastian, one of the accomplices in the first \nSpanish conspiracy. \n\nSebastian conferred with several prominent Kentuckians. \nHe then proceeded to Natchez, and on to New Orleans, to \nnegotiate with the authorities there. However, before \nany agreement had been reached between the Kentuckian \nand the Spanish governor, news came that a treaty be- \ntween the United States and Spain had been effected, and \nthat Spain had granted to the United States the free navi- \ngation of the Mississippi River. Nevertheless, the Spanish \ngovernor was not willing to renounce, at once, all hope of \never gaining Kentucky. Sebastian was paid two thousand \ndollars for his efforts in this dishonorable work, and con- \ntinued to receive that amount annually for eleven years. \nSebastian\'s treason was unknown to his fellow-Kentuck- \nians, with probably two or three exceptions. He con- \ntinued to hold his office of judge of the court of appeals \nuntil 1806, at which time he was exposed and compelled \nto resign. \n\nWe have learned that the opposition of the Kentuckians \nto the Federal government had its origin in their own \n\n\n\nI02 FOUNDING OF THE COMMONWEALTH \n\ntrials ; for a large majority of the people believed that the \ncentral government might have put an end to these if it \nhad attempted to do so. But there were also \nclauses in the constitution of the United States \nto which they were directly opposed. Many objected to \nthe policy of the Federalists (by whom the constitution \nwas framed) because they believed it tended toward a \nmonarchical rather than a republican form of government. \nWe have noticed Kentucky\'s isolated situation and her \nlong, single-handed struggle for existence. Naturally her \npeople were watchful for their State\'s rights and liberties. \nBut we have learned, also, that in the times of greatest \ntemptation her people stood true to the Union. This fact \nindicates loyalty and sagacity and calls forth the highest \nadmiration. \n\nNow the Indian troubles were at an end, and the Missis- \nsippi was open to Kentucky. Added to this, the feeling on \nthe French question had chano^ed. Genet\'s \n\nTemporary ^ , ^, ^ ^ \n\nchange of illegal actions in the United States had awak- \n\nened disapproval. A fuller knowledge\' of the \nFrench Revolution had produced a natural revulsion of \nfeeling. Consequently, the Federal party in the State \nrose into temporary power. In 1795 Humphrey Marshall, \nthe pronounced leader of the Federal side, was elected \nUnited States senator over John- Breckinridge, the popular \nrepresentative of the Republicans. During this same year, \nhowever, the governor appointed Breckinridge attorney- \ngeneral of the State. \n\nIn the year 1793, the first steamboat which ever success- \nfully moved on any waters was exhibited at Lexington. \nInvention of The town branch of the Elkhorn \xe2\x80\x94 now dis- \nthe steamboat appeared from sight, but then a considerable \nstream \xe2\x80\x94 was dammed up for the trial of the miniature \n\n\n\nORGANIZATION OF THE GOVERNMENT \n\n\n\n103 \n\n\n\nmodel which had been constructed, and crowds of enthusi- \nastic spectators rejoiced over the success of this important \ninvention. The inventor was Edward West, who emigrated \nfrom Virginia to Lexington in 1785, where he died in 1827, \nafter a long life \nspent in experi- \nmenting in inven- \ntions. The honor \nof having invented \nthe steamboat be- \nlongs, however, to \nJohn Fitch, \xe2\x80\x94 be- \nfore referred to in \nthese pages, \xe2\x80\x94 who, as early as 1785, completed his model. \nBut unfortunately Fitch\'s invention failed of success, eithei \nbecause he lacked the necessary funds or the adequate \nforce of character to bring it to the knowledge of the \npeople. \n\n\n\n\nFitch\'s Steamboat \n\n\n\nRECAPITULATION \n\n\n\nLexington the first capital. \n\nGovernor Shelby inaugurated. \n\nMilitary honors and picturesque pa- \nrade. \n\nTwo appointments announced. \n\nLegislature assembles; speakers \nchosen. \n\nThe governor opens the legislature. \n\nStately proceedings. \n\nUnited States senators elected. \n\nJudges appointed. \n\nFrankfort selected as the permanent \ncapital. \n\nPublic buildings erected there. \n\nIndian trouliles again. \n\nGeneral Wayne\'s appointment. \n\n\n\nOne thousand Kentuckians drafted. \nCampaign postponed. \nThe French war. \n\nEngland, Spain, and Holland in- \nvolved. \nWashington refuses to take part. \nUnited States divided on the subject. \nKentucky is indignant. \nShe dislikes England and Spain. \nDesires to aid France. \nFederalists and Anti-Federalists. \nDemocratic clubs. \nThe Lexington club. \nJohn Breckinridge its president. \nThe French conspiracy. \nGeneral Clark\'s commission. \n\n\n\nI04 \n\n\n\nFOUNDING OF THE COMMONWEALTH \n\n\n\nGovernor Shelby\'s cautious action. \nFailure of the conspiracy. \nWayne\'s victory. \nBritish posts resigned. \nSecond Spanish conspiracy. \nSebastian\'s treason. \nTreaty with Spain concluded. \nKentucky generally Anti-Federal. \nOpposed to a strong central govern- \nment. \n\n\n\nMomentary change of sentiment after \nthe Indian troubles are ended and \nthe navigation granted. \n\nFederal party rises into power. \n\nHumphrey Marshall elected United \nStates senator. \n\nEdward West at Lexington. \n\nModels a steamboat in 1793. \n\nSuccessful trial on Elkhorn Creeko \n\nFitch\'s invention unsuccessful. \n\n\n\nCHAPTER X \n\nPOLITICAL SITUATION IN KENTUCKY, 1 796-181 1 \n\nIn May, 1796, James Garrard was elected second gov- \nernor of Kentucky. The first year of his administration \nGarrard\'s was marked by few events of importance, \n\nadministration j^^ following Spring, the advisability of re- \nvising the State constitution was discussed, and a vote was \ntaken to obtain the will of the people. But no decision \nwas reached in the matter, as a number of the counties \nfailed to make returns. A second vote was taken on the \nsame subject in 1798, and met with a similar result. In \nthe autumn of that year, the question was brought before \nthe legislature, and as a majority of the members voted in \nfavor of revision, a convention was called for July 22, 1799. \n\nDuring the summer of 1797, Thomas Power was again \nsent to Kentucky to concert with Benjamin Sebastian re- \ngarding the separation of the State from the Union. But \nthis third Spanish conspiracy failed in its very beginning. \n\nThe November session of the legislature revised the \ncriminal code, and punishment by death was allowed only \nfor murder in the first degree. \n\nThe interval of quiet which Kentucky had been en- \njoying was destined to be interrupted by a profound agita- \nAiienand tion. In the spring session of 1798, the \n\nseditioniaws ^o^gress of the United States passed two \nacts known in the political history of the nation as the \nAlien and Sedition laws. The particularly objectionable \n\n105 \n\n\n\n:o6 \n\n\n\nFOUNDING OF THE COMMONWEALTH \n\n\n\nfeatures in these acts were the following : The first act \ngave to the President authority over all foreigners. He \nmight grant them license to remain in the United States ; \nhe might order them to depart from its territory if he sus- \npected them of treasonable designs ; he might imprison, \naccording to his judgment, all foreigners who returned to \nthe United States without having obtained his permission. \n\nThe second act was an \nattempt to control the \npeople in the free ex- \npression of opinion. \nBy this law it became \nan offense, subject to \nfine or imprisonment, \nfor any one to utter, \nprint, or publish any \nlibel against the gov- \nernment of the United \nStates, the President, \nor either House of \nCongress. \n\nThe Kentuckians \nwere aroused, almost \nto a man. There was \nno wavering in their \njudgment of these obnoxious laws. They deemed them \ndirectly unconstitutional. In their opinion Kentucky\'s \nthey indicated an assumption, on the part action \nof the Federal government, of an authority which did \nnot belong to it. The first to issue a protest against them \nwere the citizens of Clark County. They embodied their \nopposition in a vigorous set of resolutions, which were \ntransmitted to their representative in Congress to be pre- \n\n\n\n\nHenry Clay \n\n\n\nrOLiriCAL SITUATION IN KENTUCKV TO/ \n\nsented by him to each branch of that body and to the \nPresident. In the crowd which gathered at Lexington \nto discuss the subject was young Henry Clay, \xe2\x80\x94 twenty- \none years old, \xe2\x80\x94who had come from Virginia the year \nbefore to make his home in Kentucky. He had already \nmade himself known in the State by advocating the grad- \nual emancipation of slavery. The people called upon him , \nto speak to them. The subject was one to stir the un- \nfledged genius of the orator. He was lifted into a cart, \nfrom which "proud eminence" he poured forth such de- \nnunciations of the act o\'f Congress as won the admiration \nand satisfaction of his high-wrought audience. \n\nBut the most bold, far-reaching, effective summary of \npolitical doctrine called forth by these laws was that con- \ntained in the resolutions known as the Ken- j^^^^^^^y. \ntucky Resolutions of 1798.^ The resolutions Resolutions of \nwere drafted by Thomas Jefferson, and revised \nand offered to the legislature, on November 8, by John \nBreckinridge, the representative of Fayette County in the \nState legislature and a leader in the Republican party. \nThese resolutions had perhaps a deeper import than the \nmere expression of righteous indignation against the pas- \nsage by Congress of two odious acts that were destined \nto exist only for a brief term. In them we find the germ \nof the doctrine of nullification which became an important \nfactor in the causes which led to the Civil War. \n\nThis doctrine is briefly as follows: That the several \nStates composing the United States of America are not \nunited in submission to their general govern- Doctrine of \nment ; that the general government was ^^^^^ "^^^^ \ncreated by a compact of the several States, each State \nagreeing thereto, and yet reserving to itself the right to \n\n\'^Kentucky Resolutions of ijgS. By Ethelbert Dudley Warfield. \n\n\n\nIo8 FOUNDING OF THE COMMONWEALTH \n\nits own self-government ; that the government created by \nthis compact is not made the final judge of the powers \ndelegated to it ; that as each State is a party to the \ncompact, therefore each State ** has an equal right to \njudge for itself as well of infractions as of the mode and \nmeasure of redress." \n\nThe resolutions thus presented to the legislature in an \n\nardent speech by their mover, passed the Lower House \n\nwith one dissenting voice. William Murray, a \n\nResolutions . \n\naccepted by the clcver lawyer, made an earnest protest agamst \negis a ure them. In the Senate, John Pope made an un- \nsuccessful effort to amend them, and they were unanimously \naccepted. At the time of their adoption the possible \ntendency of the resolutions was not considered. They were \nframed to meet a need of the hour. The Federal govern- \nment had assumed an authority, the Kentuckians believed, \nwhich was unconstitutional. Therefore, the Federal govern- \nment must be censured, else it might encroach and assume \ngreater power, and then become monarchical, instead of \nDemocratic. Kentucky was passionately Democratic or \nRepublican. The resolutions were signed by the governor, \nand then submitted to the other States to be considered. \nOnly Virginia, however, concurred with the action of Ken- \ntucky. \n\nThe convention to revise the State constitution assembled \nJuly 22, 1799, at Frankfort, and chose Alexander Scott \nSecond Bullitt president, and Thomas Todd \xe2\x80\x94 who so \n\nconstitutional many times before had served in this capacity \n\nconvention \xe2\x80\xa2\' ^ \'\xe2\x96\xa0 \xe2\x80\xa2\' \n\n\xe2\x80\x94 clerk. The outburst of feeling awakened \nby the mere suspicion of a monarchical inclination in the \ncentral government largely influenced the changes which \nwere made in the constitution. The governor was no \nlonger to be elected by a college of electors, but directly \n\n\n\nPOLITICAL SITUATION IN KENTUCKY \n\n\n\n109 \n\n\n\nby the votes of the people. Furthermore, his authority \nwas Umited. His veto might be overruled by a majority \nof the legislature. The office of lieutenant governor was \ncreated. This officer, similarly elected by the people, \nshould be the speaker of the Senate. The senators, like- \nwise, were to be elected by the direct votes of the people. \nThe new constitution went into effect June i, 1800. \nJames Garrard had again \n\n\n\nLocal politics \n\n\n\nbeen chosen \ngovernor, and \n\n\n\n\nAlexander Scott Bullitt \nwas elected lieutenant gov- \nernor. John Breckinridge \nwas chosen speaker of the \nHouse. There was the \nutmost quiet in local elec- \ntions. Kentucky\'s whole \npolitical interest was now \nabsorbed in the affairs of \nthe nation, \xe2\x80\x94 the forthcom- \ning contest between the \nFederalist and Democratic \nparties. When Thomas \nJefferson, the Democratic \nnominee, was declared \nPresident, the satisfaction in the State was almost univer- \nsal. It expressed itself in exuberant speeches of delight. \nOf course, the hated Alien and Sedition laws were then \nrepealed. \n\nBut the most important event to Kentucky in Jeffer- \nson\'s administration was the purchase of Louisiana from \nthe French, to whom it had been ceded by Spain. Gen- \neral James Wilkinson, whose character has only been \n\n\n\nThomas Jefferscn \n\n\n\nno \n\n\n\nFOUNDING OF THE COMMONWEALTH \n\n\n\nunderstood in recent years, was then holding the rank of \nmajor general in the United States Army. It is an enter- \ntaining and curious fact that on the 20th of December, \n1803, the French governor general delivered up the terri- \ntory to that officer. Thus at last the projector of the \nSpanish Conspiracy took possession of New Orleans ; but \nin a manner totally different from what he had imagined, \xe2\x80\x94 \nunder the honorable authority of his national government. \nBut Wilkinson is often accused of complicity in another \nequally romantic and treasonable conspiracy, and in this, \n\ntoo, the bold, adventure- Aaron Burr\'s \n\nloving Kentuckians were ^^^^^^^^^^ \ntempted to disloyalty. Aaron Burr, \nlate Vice President of the United \nStates, \xe2\x80\x94 now bearing upon his soul \nthe crime of having taken the hfe \nof Alexander Hamilton, \xe2\x80\x94 being cut \noff from all high official attainment, \nrestlessly sought a means to gratify \nhis proud ambition. Burr\'s dazzling \nscheme was to conquer the Spanish \nprovince of Mexico, then friendly \nto the United States, to unite to it the southwestern States, \nto make New Orleans the capital of this vast territory, and \nhimself the emperor or ruler. Wilkinson, according to his \naccusers, was to be second only to Burr. \n\nBlennerhasset, a wealthy Irish scholar, living on a \nbeautiful island in the Ohio River, had become fascinated \nby Burr\'s allurements to the extent of employing his vast \nfortune for the cause, and he was to be a powerful \nduke or chief minister of the empire. The cooperating \nKentuckians were likewise to reap the reward of their \nassistance. To arrange his project, Burr made frequent \n\n\n\n\nAaron Burr \n\n\n\nPOLITICAL SITUATION IN KENTUCKY \n\n\n\nIII \n\n\n\ntrips to Lexington and Louisville, and through the south- \nern cities. \n\nJoseph Hamilton Daveiss, United States attorney \nfor Kentucky, first became suspicious of Burr\'s move- \nments, then convinced of his treacherous de- ^^^^.^^.^^^^ \nsigns. On November 3, 1806, he appeared in \nthe court at Frankfort and brought an indictment against \nBurr for high treason. Burf met the charge with cool \ndenial. Several days \nlater, with a sem- \nblance of sincerity, \nhe urged the court \nto continue the pros- \necution. A day was \nset for the trial. \nAfter giving a writ- \nten pledge of his in- \nnocence, Burr secured \nHenry Clay and John \nAllen for his counsel. \nIntense popular inter- \nest was aroused. \n\nThe prosecution \nseemed to take on \nthe form of a perse- \ncution, because of the ardent political feeling of the time. \nBurr had won many friends in Kentucky. Daveiss was \na stanch adherent of the despised Federalist party. \nHenry Clay had thrown the weight of his influence into \nBurr\'s faction. The trial did not come off because of \nthe failure, on the part of the United States attorney, \nto obtain the attendance of the necessary witnesses. \nNevertheless, the expectant audience was granted the \n\n\n\n\n(ir\\\'0^s^ N \n\n\n\nJoseph Hamilton Daveiss \n\n\n\n112 \n\n\n\nFOUNDING OF THE COMMONWEALTH \n\n\n\nexcitement of listening to a flashing debate on the sub- \nject between Clay and Daveiss. Never have two greater, \nmore brilliant men met in opposition at the famous bar \nof Kentucky. \n\nShortly afterward, a ball was given in Frankfort in \nBurr\'s honor. This was followed by a similar festivity \nFate of the given by the friends of the United States \nconspirators attorney. For a while Daveiss suffered a \ngreat loss of popularity on account of his efforts toward \nthe prosecution ; but he was soon to be vindicated. \n\nBurr\'s times of suc- \ncess were at an end. \nHe was tried in \nRichmond, Virginia, \nin March, 1807. \nThough certain legal \ntechnicalities pre- \nvented his convic- \ntion, no one doubted \n\nAn Early Methodist Church J^jg g^jj^^ J^^g \\^^^ \n\ndays were spent in wretched poverty and sorrow. Blen- \nnerhasset also died forlornly. Only Wilkinson lived on \n\xe2\x96\xa0in the favor of fortune. \n\nRunning along by the side of these social agitations was \na deep spiritual movement which spread throughout the \nThe great State. This revival began in the Methodist \n\nrevival church, but it awoke religious enthusiasm in \n\nall the existing denominations. Thousands flocked to the \ncamp meetings which were constantly held, and humble \nlaborers and learned statesmen were equally stirred by \na consideration of the greatest problem of life. In the \ntrend of this Christian movement came the formation \nof an association called the Friends of Humanity. Six \n\n\n\n\nPOUTICAI. SITUATION IN KENTUCKY II3 \n\nBaptist ministers of note, and others of less conspicuous \nability, united themselves together for the purpose of \nadvocating the abolition of slavery. Their numbers in- \ncreased at first, but they were discountenanced by their \nbrother associations, and soon vanished. \n\nIn 1804, Christopher Greenup was elected governor. \nHe was one of the strong characters of the early days. \nFor more than ten years, he had been actively ^ears of quiet \nconnected with the public affairs of Kentucky. \nIt was during his administration (1806) that the trial of \nJudge Benjamin Sebastian occurred. Burr\'s conduct led \nto the investigation concerning Sebastian. During the \nsame year, George Muter resigned from the office of chief \njustice, and Thomas Todd was appointed to fill the va- \ncancy. But Judge Todd did not long execute the duties \nof chief justice, as higher honors awaited him. In Feb- \nruary, 1807, he was appointed judge of the United States \nsupreme court in the newly created circuit of Kentucky, \nOhio, and Tennessee. Several eminent jurists now occu- \npied the chief justice\'s bench in quick succession. Felix \nGrundy, Judge Todd\'s successor, resigned after a few \nmonths to make his home in Tennessee. Ninian Ed- \nwards, the next appointee, resigned after a little more \nthan a year\'s service, to become governor of the Illinois \nTerritory. He was followed by George M. Bibb, who also \n\' resigned in less than a year. \n\nIn 1807, the Bank of Kentucky was chartered with \n^1,000,000 capital. Robert Alexander was appointed \npresident by the governor. Prior to this time, Kentucky \nhad been rigorously opposed to banking; but through \nsome curious misunderstanding on the part of the legisla- \nture, in 1802, the Kentucky Insurance Company had been \nchartered with banking powers. \n\nKENT. HIST. \xe2\x80\x94 8 \n\n\n\n114 \n\n\n\nFOUNDING OF THE COMMONWEALTH \n\n\n\n\nThe Prophet \n\n\n\nIn 1808, General Charles Scott was elected to succeed \n\nGovernor Greenup. His opponent was the rising young \nlawyer, John Allen, who Beginning of \nmade a vigorous canvass. ^^^ \nBut the Kentuckians were pleased \nto honor the military services \nof the veteran officer, especially \nas the years of peace were at \nan end. For some time the \nIndians living on the Wabash \nRiver had been growing restless \nunder the advance of white \ncivilization. They were roused \nto rebellion by their two great \nchiefs, Tecumseh and his brother \n\nthe Prophet, and also by the influence of the Enghsh, who \n\nnow anticipated another \n\nwar with the United \n\nStates. In the summer \n\nof 181 1, General Harri- \nson, governor of the \n\nIndiana Territory, called \n\nfor volunteers from Ken- \ntucky. Many brave men, \n\nambitious for military \n\nglory, answered the \n\nsummons. The battle \n\nof Tippecanoe was \n\nfought November 7, \n\n181 1. Harrison was \n\nsurprised in the night \n\nby the Indians ; never- \n\nCheleSS, he bravely and Tecumseh mcUmg the Creeks \n\n\n\n\nA\'-tf> a} . \n\n\n\nPOLITICAL SITUATION IN KENTUCKY \n\n\n\n115 \n\n\n\nsuccessfully met the attack. But Kentucky suffered a \ndeeply felt loss by this battle, in the early death of two of \nher valued citizens, Colonel Joseph Hamilton Daveiss and \nColonel Abraham Owen. A county of the State was \nnamed in memory of each. \n\n\n\nRECAPITULATION \n\n\n\nJames Garrard, second governor. \n\nLegislature orders a constitutional \nconvention. \n\nThe third Spanish conspiracy. \n\nAlien and Sedition laws. \n\nThe first gave the President control \nof aliens. \n\nThe second restricted the expression \nof opinion. \n\nKentucky condemns the laws. \n\nClark County makes the first protest. \n\nHenry Clay denounces them. \n\nKentucky Resolutions of 1798. \n\nDoctrine of State Rights involved. \n\nThe general government a compact \nof States, each State retaining the \nright to govern itself. \n\nEach State has the right to judge acts \nof the general government, and to \nnullify them if they are objection- \nable. \n\nJohn Breckinridge, the mover of the \nResolutions. \n\nOpposition of Murray and Pope. \n\nResolutions carried in the legisla- \nture. \n\nSecond constitutional convention. \n\nRecent agitation causes certain \nchanges in the constitution. \n\nJames Garrard, third governor. \n\n\n\nA. S. Bullitt, lieutenant governor. \nJohn Breckinridge, speaker. \nLocal politics quiet. \nNational politics absorb attention. \nKentucky rejoices over Jefferson\'s \n\nelection as President. \nAlien and Sedition laws repealed. \nLouisiana purchased. \nDelivered up to General Wilkinson \nAaron Burr\'s conspiracy. \nWilkinson implicated. \nBlennerhasset\'s part in the scheme. \nBribe offered to Kentuckians. \nBurr is indicted by J. H. Daveiss. \nH. Clay and John Allen, Burr\'s couni \n\nsel. \nBurr\'s cool audacity. \nSpeeches of Clay and Daveiss. \nThe two balls given at Frankfort. \nThe fate of the conspirators. \nThe great revival. \n"The Friends of Humanity." \nChristopher Greenup, governor. \nBenjamin Sebastian is tried and con \n\nvicted. \nJudge Thomas Todd. \nThe first banks in the State. \nGeneral Charles Scott, governor. \nThe beginnings of war. \nThe battle of Tippecanoe. \n\n\n\nCHAPTER XI \n\nTHE WAR OF 1812, 1812-1815 \n\nWar with all of its horrors and feverish anticipations \nwas again at hand. The causes which led to the second \nCauses which conflict with Great Britain had long been ac- \nledtothewar cumulating. England and France were in \narms against each other, and the United States main- \ntained a neutral position. In order to injure France, Eng- \nland blockaded with men of war the whole coast of France, \nand France retaliated by declaring a similar blockade of \nthe coast of England. American vessels were seized as \nprizes, and the commerce of the United States was inter- \nrupted in a most disastrous manner. \n\nBut this was not all. A greater injury, in that it con- \ntained an insult to our nation, was endured from England \nbefore war was declared. By the policy of the United \nStates, any foreigner, after having thrown off allegiance \nto his own government, might become an American \ncitizen, if he so desired. On the contrary, England \nclaimed that a man born an English subject was always \nan English subject. American vessels were boarded by \nEnglish officers, and searched by them to find sailors \nwhom they claimed to be deserting Englishmen. In \nthis way thousands of our seamen were captured. The \nUnited States deeply resented this outrage. Then the \ncrisis came. On the i8th day of June, .1812, war was \ndeclared. \n\n116 \n\n\n\nTHE WAR OF i8i2 \n\n\n\n117 \n\n\n\nIn addition to the regular army ordered to be raised, \none hundred thousand militia were to be furnished by the \ndifferent States of the Union. Many of the \n\n-\' Kentucky\'s \n\nStates were opposed to the war, and conse- warenthusi- \nquently refused to comply with the President\'s ^^"^ \ndemand. But not so Kentucky; her people had ever \nlooked upon England as the cruel enemy of their pros- \nperity ; and they eagerly rushed forward to aid in right- \ning the wrong against \ntheir nation. Only \nfive thousand five \nhundred men were \nrequired of Kentucky, \nbut she was granted \nthe privilege of fur- \nnishing seven thou- \nsand. And the State \ndid not hold back her \nbest, but offered her \nworthiest sons for the \n\ncause. A righteous \n\nresentment of of- \nfenses, and an unsurpassed courage \nand high sense of honor, were \n.indicated by this eager desire \nto participate in the opening con- \nflict \n\nOn the 15th of August, two thousand troops, destined to \njoin the army in the Northwest, assembled at Georgetown. \nThey consisted of a regiment of regulars, un- Troops leave \nder Colonel Samuel Wells, and three militia ^^^ state \nregiments under Colonels John Allen, J. M. Scott, and \nWilliam Lewis. Of the companies under Lewis, Lexing- \n\n\n\n\nImpressment of Seamen \n\n\n\nIf8 FOUNDING OF THE COMMONWEALTH \n\nton had furnished six, and one was the Lexington Light \nArtillery, even then historic, commanded by the gallant \nyoung captain, Nathaniel G. T. Hart. They were formed \ninto a brigade, and placed under the command of Brigadier \nGeneral John Payne. Several days later, the troops were \nreviewed in the presence of thousands of interested spec- \ntators. Henry Clay made a speech, and Dr. Blythe, presi- \ndent of Transylvania University, preached a sermon ; and \nthus animated and encouraged, they were prepared to begin \ntheir hard, eventful campaign. \n\nOn their march to Detroit the troops learned that Gen- \neral Hull, governor of Michigan Territory, had surrendered \nHarrison\'s ^^^ the most cowardly manner to the British, \nappointment Great indignation was aroused. Letters were \nwritten to Kentucky to request the appointment of General \nHarrison as commander of the Kentucky militia. Gov- \nernor Scott\'s term of oi^ce was drawing to a close, but \nsome action was imperative. He sought a council of ex- \nGovernor Shelby, ex-Governor Greenup, Henry Clay, \nJudge Thomas Todd, and several other distinguished cit- \nizens. They unanimously agreed in recommending the \nappointment. It was therefore made. In a few more days \nthree other companies were raised by Colonels Richard \nM. Johnson, James Johnson, and Captain John Arnold. \nGeneral Harrison was also appointed by the President as \ncommander of the army of the Northwest, to supersede \nGeneral Winchester. On the 29th of September, he left \nLexington to join the forces thus placed under his control. \n\nThe Kentucky troops reached the Rapids of the Maumee \nthe loth of January, and halted to await the arrival of \nFirst battle at General Harrison. But they were not long to \nFrenchtown remain inactive. A few days later a call for \nassistance reached them from Frenchtown, on the river \n\n\n\nTHE WAR OF 1812 \n\n\n\n119 \n\n\n\n\nWilliam Henry Harrison \n\n\n\nRaisin, about thirty-eight miles away. A detachment \ncommanded by Colonel Lewis, under whom were Colonel \nJohn Allen and Majors Martin \nD. Hardin, George Madison, and \nBenjamin Graves, eagerly has- \ntened to respond to the summons. \nOn the 1 8th a successful battle \nwas fought, and the British were \ndriven from the village. But this \nvictory was to be followed by an \nawful tragedy. \n\nTwo days later. General Win- \nchester arrived with a reenforce- \nment consisting of Colonel Wells\'s \nregiment of regulars. Although \nGeneral Winchester was soon informed that a large force \nof the enemy was on its way toward the town, he made \nno preparation for an attack. The night was second battle \nbitterly cold, and the caution of placing pickets ^^ Frenchtown \non the road by which the enemy would approach the town \nwas neglected. Accordingly, before daylight on the morn- \ning of January 22, the camp was surprised by an army of \ntwo thousand British and Indians under General Proctor. \nThe firing was opened upon the stockade of the Kentuck- \nians and was returned with considerable loss to the British. \nBut Colonel Wells\'s company was encamped on the open \nfield. It was impossible for it to resist the attack, and the \nmen retreated panic-stricken. \n\nAt this crisis. Colonels Lewis and Allen, with a detach- \nment of one hundred men, rushed forward like typical \nKentuckians to rally the retreating soldiers. Nearly all \nof Wells\'s men were killed or wounded, as were very many \nof those under Lewis and Allen. Lewis was wounded, \n\n\n\nI20 FOUNDING OF THE COMMONWEALTH \n\nand Colonel Allen was slain. Thus fell in early manhood \none of the most promising citizens of Kentucky, a man of \npure life, of heroic character, and strong legal ability. \nThen came a summons to surrender. To the heroes of \nKentucky death was far preferable to defeat. But after \na consultation, in view of their situation, the remaining \nofficers wisely determined to comply with the demand of \nthe enemy. Having obtained a solemn promise from the \nBritish that the wounded Americans would be safely \nguarded, they agreed to lay down their arms. \n\nBut the pledge was not fulfilled. The Indians were not \n\nrestrained by the British, and early the next morning they \n\nentered the cellar of a tavern where some of \n\nThe massacre \n\nthe wounded soldiers were quartered, broke \nopen casks of liquor, and drank until they were maddened \nfar beyond their usual state of cruelty. Soldiers were \ndragged out of their beds and tomahawked. A house \ncontaining other wounded men was burned to the ground. \nSeveral of the officers attempted to escape under the escort \nof Indians whom they paid to guide them, and were \ntreacherously murdered on the way by their escorts. \n\nNever did a more barbarous butchery of human beings \noccur. The details are too ghastly to be repeated. In \nKentucky, anguish prevailed such as had not been felt \nsince the fatal battle of the- Blue Licks. There were \nmany widows and mourning friends and relatives left to \nrecount the horrors of the Raisin massacre. And Ken- \ntucky has preserved the memory of some of her brave \nsoldiers who lost their life at that place by naming various \ncounties of the State after them, \xe2\x80\x94 Allen and Edmonson, \nGraves, Hart, and Hickman. \n\nIn August, 1812, Isaac Shelby had been elected governor \nfor the second time. He had consented to become the \n\n\n\nTHE WAR OF 1812 \n\n\n\n12 \n\n\n\nchief executive again, only because the United States was \ninvolved in war. He now exerted all his influence to \narouse the patriotic ardor of his fellow citizens ^ .. , \n\n^ Reenforce- \n\nto reenforce the army of the Northwest and ments from \n\n11 -r^ \xe2\x80\xa2 \xe2\x80\xa2 .-T-i 1 r Kentucky \n\nretrieve the loss at Raism. Thousands of \nKentuckians hastened to volunteer for the service. A \nstrong brigade of three thousand men was formed under \nBrigadier General Green Clay, \nconsisting of four regiments \n\n\n\ncommanded by Colonels Dud- \nley, Boswell, Cox, and Cald- \nwell. This force reached the \nbanks of the Maumee, oppo- \nsite Fort Meigs, on the night \nof the 4th of May. In the \ndistance could be heard the \ncannon of the enemy. Since \nthe first day of the month. Gen- \neral Proctor with about two \nthousand British and Indians \nhad surrounded the camp of \nthe Americans. The fact of \nthe approach of the Kentuck- \nians was borne to General Harrison, and orders were re- \nturned to the brigadier general. \n\nThe next day General Clay, with the larger portion of \nhis men, fearlessly and successfully pushed his way \nthrough the ranks of the British to the southern shore \nof the river. With this reenforccment, the fort was en- \nabled to repel Proctor\'s attack so vigorously that the siege \nwas raised on the ninth day. \n\nBut the fate of the other portion of the Kentucky troops \nwas far different. While the main body was proceeding \n\n\n\n\nGreen Clay \n\n\n\n122 FOUNDING OF THE COMMONWEALTH \n\nto Fort Meigs, a detachment of seven or eight hundred \nmen, commanded by Colonel William Dudley, had been dis- \nDudiey\'s patched to the northern shore of the river to \n\ndefeat storm the British batteries. In this they were \n\nsuccessful. But other orders, which commanded them to \nreturn immediately to their boars, were misunderstood. \nThe Kentuckians delayed, to return a straggling fire from \nthe Indians. They were surprised by Proctor, greatly \noutnumbered, and completely defeated. Many were slain \nand many wounded. Again the Indians treated their \nprisoners with the barbarous cruelty that had been prac- \nticed upon the victims of the Raisin massacre ; and the \nBritish did not forbid the outrage. Only one hundred and \nfifty men escaped, and these also might have been mur- \ndered if the noble Indian chief, Tecumseh, had not rushed \nA^ith his sword drawn, into the midst of the carnage, and \ncontrolled his savage brethren. \n\nAgain Kentucky was called upon for reenforcements, \nand again she offered double the number demanded. Gov- \nernor Shelby announced that he would take the field in \nperson, and called upon volunteers to meet him \n\nKentucky r \' r \n\nsends more at Newport. In less than thirty days, four \nthousand Kentuckians had assembled. Out- \nside of Kentucky the governor had no authority to com- \nmand ; but his authority rested with his men, whose con- \nfidence in their leader expressed itself in the watchword \nof the time, \xe2\x80\x94 "Old King\'s Mountain will lead us to vic- \ntory!" \n\nIt is a fact of curious interest that Governor Shelby \nand his large reenforcement of Kentuckians reached the \nResult of the camp of General Harrison just at the moment \ncouncil of war ^j^g^ Conimodore Perry was landing with his \nprisoners after his important victory over Commodore Bar* \n\n\n\nTHE WAR OF 1812 \n\n\n\n12^ \n\n\n\nclay on Lake Erie. Later on a council of war was held, \nto decide whether the American forces should cross the \nlake into Canada and pursue the British army, which was \nknown to be retreating. \n\n\n\n\nBattle of Lake Erie \n\n\n\nThe practicability of pursuing and overtaking Proctor \nwas carefully argued and weighed as a military proposi- \ntion. But in the mind of Governor Shelby there was \nno hesitation. He had gone all that distance with his \n** Kentucky boys" to meet the enemies of his country, \nand his determination was fixed to seek an encounter. \nTherefore an affirmative decision was cast. The order \nwas given by General Harrison to parade the army for \nembarkation on Perry\'s fleet. \n\n\n\n124 FOUNDING OF THE COMMONWEALTH \n\nKentuckians have always shown a tendency to be \n\nstrongly influenced by eloquent oratory. On Governor \n\nShelby\'s staff were two youno; officers, who \n\nPower of ora- \xe2\x96\xa0> . \n\ntory over later became famous throughout the nation, \xe2\x80\x94 \n\nMajors John J. Crittenden and William T. \nBarry. Upon the suggestion of the governor, each ad- \ndressed the troops of his State. Whatever reluctance to \ncross on to foreign soil may have existed among them, \nvanished under the fire of eloquence poured forth by the \nyoung speakers. They recounted in picturesque and dra- \nmatic words the wrongs their nation had endured from the \nBritish, and the awful slaughter of their countrymen at \nthe hands of the enemy, until every heart was stirred with \npatriotic impulses. \'\'Remember Raisin,\'\' rang in their \nears, and all were eager for action. \n\nThe march the first day was made in close order in solid \ncolumns. To the alert and practiced eye of Shelby this \nThe march into manner of movement seemed to be too slow \nCanada \xc2\xa3qj. |-j^g hazardous undertaking before them \xe2\x80\x94 \n\nthat of reaching Proctor and bringing him to battle. He \ncommunicated his fears to General Harrison, who, per- \nceiving at once the truth of the suggestion, commanded \nthat the order of march be changed in accordance with \nGovernor Shelby\'s advice. The columns, therefore, were \nbroken, and the army moved forward as a great com- \npany of travelers, each individual being urged to the \nutmost speed. Colonel R. M. Johnson\'s regiment of \nKentucky cavalry was pushed eighteen or twenty miles \nin advance, to prevent a surprise. Soon all recognized \nthe advantage of the new order of march. On the third \nday, straggling soldiers from the British army were cap- \ntured at the crossing of different streams, and were passed \nto the rear of the American army as prisoners. This \n\n\n\nTHE WAR OF 1812 \n\n\n\n125 \n\n\n\nfact gave hope and increased vigor to the movements of \nour men. \n\nOn the fourth day the American army came upon Gen- \neral Proctor encamped at. the Moravian town, on the \nriver Thames, eighty-six miles northeast of The battle of \nDetroit. Here a decisive battle was fought, the Thames \nOctober 5, 181 3. The American force was larger than \nthe British and more cleverly ordered. Tecumseh fell \nearly in the action, and the Indians grew disheartened \nat the loss of their great chief. The result was complete \nvictory for the Americans and an end to the war in the \nNorthwest. \n\nAlmost the entire force was from Kentucky, and many \ndistinguished men were included in its number, \xe2\x80\x94 General \nJohn Adair, who fought brave- \nly at the battle of New Or- \nleans, and afterward became \ngovernor of his State ; Barry \nand Crittenden, already men- \ntioned ; General Joseph Desha, \nprominent in the political \naffairs of his day, and also des- \ntined to be governor of Ken- \ntucky ; the gallant Colonel \nRichard M. Johnson, the \nslayer of Tecumseh ; and Col- \nonel Charles S. Todd, who in \nthe times of peace served his \ncountry in the halls of Con- \ngress and as an ambassador to Russia, \n\nA treaty of peace was signed at Ghent, December, \n1814; but before the news reached this country several \nmore battles were fought. Of these, the only one which \n\n\n\n\nRichard M. Johnson \n\n\n\n126 \n\n\n\nFOUNDING OF THE COMMONWEALTH \n\n\n\nconcerns the history of Kentucky was the brilUant bat- \ntle of New Orleans, January 8, 1815. The British forces \nBattle of were commanded by Sir Edward Paken- \n\nNew Orleans ham; the American, by General Andrew \nJackson of Tennessee. Here again Kentuckians rendered \nimportant assistance, and again had the joy of partici- \npating in a triumph. It has been said of them that they \n" formed the strength of that central force which repulsed \nPakenham." \n\nRECAPITULATION \n\n\n\nEngland and France at war. \n\nUnited States neutral. \n\nAmerican commerce interrupted. \n\nSailors captured by England. \n\nUnited States resents the insult. \n\nDeclares war, June, 1812. \n\nKentucky enthusiastic for the war. \n\nOne hundred thousand militia ordered \nto be raised. \n\nKentucky furnishes seven thousand. \n\nGives her worthiest sons. \n\nTwo thousand troops leave George- \ntown. \n\nTheir request of Governor Scott. \n\nA council of distinguished men. \n\nGeneral Harrison\'s appointments. \n\nHe becomes commander of the Ken- \ntucky militia, and of the army of \nthe Northwest. \n\nHe leaves Lexington for his post. \n\nThe Kentucky brigade reaches the \nNorthwest. \n\nIs not long inactive. \n\nBattle at Frenchtown. \n\nBritish driven from the village. \n\nGeneral Winchester arrives. \n\nMakes no preparation for an attack. \n\nIs surprised by Proctor. \n\nFate of Colonel Wells\'s regiment. \n\n\n\nHeroism of Lewis, Allen, and others. \nKentuckians obliged to surrender. \nBritish promise safety to prisoners. \nPromise not fulfilled. \nIndians become intoxicated. \nTerrible slaughter of prisoners takes \n\nplace. \nCounties named for slain officers. \nIsaac Shelby again governor. \nBrigadier General Green Clay. \nHe reaches Fort Meigs. \nClay divides his force. \nReenforces General Harrison. \nDudley\'s defeat. \nAgain prisoners are butchered. \nTecumseh\'s timely appearance. \nGovernor Shelby\'s call for volunteers. \nFour thousand meet him at Newport. \nThe governor takes command. \nDramatic meeting at Harrison\'s camp. \nDecision to pursue Proctor. \nSpeeches of Crittenden and Barry. \nThe battle of the Thames. \nDeath of Tecumseh. \nEnd of the war in the Northwest. \nDistinguished Kentuckians in the \n\nbattle. \nBrilliant battle of New Orleans. \nKentucky\'s part in the victory. \n\n\n\nCHAPTER XII \n\nLOCAL AFFAIRS, 1816-1835 \n\nWar was now at an end, but peace did not await the \npeople of Kentucky. They were about to enter a political \nconflict as severe as any they had ever fought The return to \nwith arms. The first contest in the legislature state affairs \narose in 18 16, when George Madison, the newly elected \ngovernor, suddenly died, and the question whether the \nlegislature had the power to order a new election came up \nfor decision. After a fight, the vote was cast in the nega- \ntive, and Gabriel Slaughter, the lieutenant governor, be- \ncame governor. He fulfilled the duties of that position \nuntil 1820, although the matter was not suffered to rest \nwith this first decision, and was repeatedly agitated during \nvarious sessions of the legislature. But the disturbance \nthus caused was as an ordinary strong wind to a cyclone \nin comparison with the storm which was caused by the \nfinancial condition of the country. \n\nWhile war prevailed in Europe, America had been cut \noff from foreign trade. The capital of the country was \ntherefore employed in establishing factories Financial \nfor home manufactures. But when the war in depression \nEurope was over, foreign goods were again sent over to \nthe United States. The newly established trades of this \ncountry could not at once compete with the cheaper and \nbetter commodities of the older country ; hence resulted a \n\n127 \n\n\n\n128 FOUNDING OF THE COMMONWEALTH \n\ntemporary financial depression. Furthermore, during the \nEuropean wars, and the war of America with England, \ngold and silver had been banished from circulation, and \nin their place had been substituted a paper currency, \nwhich gave a high nominal value to commodities. The \nreturn to specie payment lowered this value, and the \nresult was very general bankruptcy. Beside these causes \nof disaster, the country was burdened with an enormous \nwar debt. \n\nFor a time Kentucky was in a prosperous condition. \nHer portion of the war debt was promptly paid. Manu- \n^ ^ , , factories sprang up all over the State. In \n\nKentucky\'s r- o i\' \n\nfinancial Lexington alone, in 1817, there were more \n\nthan sixty mechanical shops, and Louisville, \nthe town next in importance, soon vied with Lexington. \nThe increase of trade in the State demanded a better cir- \nculating medium than had existed before. In the earliest \ndays, skins of wild animals had constituted the only cur- \nrency. Later on, Spanish milled silver dollars were intro- \nduced. These were cut into four parts to make quarters, \nwhich again were cut to obtain smaller bits. Of course \ndishonesty resulted and great loss was caused, and the need \nfor something more satisfactory was strongly felt. \n\nWe have learned that Kentuckians were opposed to \nbanks. In 18 17, there existed in the State only one such \nIndependent institution, the Bank of Kentucky, which was \nbanks on a solid foundation. But, moved by the \n\nchartered ... \n\nexigencies of the time, the people went to \nrash extremes. The legislature of 18 17-18 chartered \nforty-six independent banks which were not required to \nredeem their notes with specie. The State was flooded \nwith the paper of these banks, and a mere shadow of \nprosperity hung over the people. Speculation rose to an \n\n\n\nLOCAL AFFAIRS I 29 \n\nexorbitant degree. Then the shadow disappeared, and the \ntrue financial condition was exposed. Before the end of \nthe year 18 18, most of these unsubstantial banks were \nwrecked; and, in 1820, the legislature repealed the char- \nters which gave them existence. \n\nWith the banks went under also a vast number of \nspeculators who had relied upon them. The suffering \nfrom debt was terrible. The cry for some means of relief \nresounded throughout the State. And now began an \nintense political conflict. \n\nThe State became divided into two bitterly antagonis- \ntic factions, known as the Relief and Anti-Relief parties. \nEach enrolled many of the distinguished names two new \nof the time. On the one side may be men- state parties \ntioned William T. Barry, George M. Bibb, Joseph Desha, \nJohn Trimble, and John Rowan ; on the other, Richard C. \nAnderson, John J. Crittenden, R. A. Buckner, Sr., George \nRobertson, Christopher Tompkins, and Robert Wickliffe. \nAt first the Relief party was stronger in the State. The \ngreat mass of debtors were in favor of the measures it \nadvocated. General John Adair and Major William T. \nBarry, both Relief candidates, were elected governor and \nlieutenant governor. \n\nAs a \'\'relief measure," the legislature of 1820-21 char- \ntered the Bank of the Commonwealth. This bank was \nallowed to issue $3,000,000 of paper money. Bank of the \nand was not required to redeem its notes in commonwealth \nspecie. Soon the paper of the bank fell far below its face \nvalue, and creditors refused to receive it in payment of \ntheir debts. But the legislature had passed a further act, \nknown as \'\'the two years\' replevin law," under which \nevery creditor was obliged to accept in payment of his \ndebt the paper of the Bank of the Commonwealth, or \n\nKKNT. HIST. \xe2\x80\x94 9 \n\n\n\n130 FOUNDING OF THE COMMONWEALTH \n\nreceive nothing at all for two years, with the risk at the \nend of that time of further delays, or the failure of his \nsecurities. \n\nThe question of the power of the legislature to pass \nsuch an act was brought before the judges of the State. \nJudge Clark\'s The first to give an opinion on the point \ndecision ^^g Circuit Judge James Clark, of the Clark \n\nCounty district, who fearlessly declared the act unconsti- \ntutional. The Relief party was strong in numbers and \npower. The storm raged about him ; but no recognition \nof individual loss made Clark waver in pronouncing the \njudgment which seemed to him correct. He was brought \nbefore the legislature in the spring of 1822, and reso- \nlutions were entered requiring the governor to remove him \nfrom office. The resolutions, however, failed to receive the \nnecessary two-thirds vote, and were consequently lost. \n\nAll now anxiously awaited the decision of the court of \nappeals. This highest tribunal of the State was then filled \n. by men of recognized integrity and unsur- \n\nthe court of passcd legal ability. John Boyle was chief \njustice, William Owsley and Benjamin Mills, \nassociate justices. In the midst of an intense excitement \nwhich pervaded the entire State, the judges maintained \na dignified silence, and awaited the time when they should \nbe called upon to give a decision as a court. This occurred \nin the autumn of 1823. \n\nThe verdict of the court sustained the decision of Clark \nand the other judges who had concurred with him, and \ndeclared the "replevin law" unconstitutional; that is, \ndirectly in opposition to the constitution of the United \nStates, which provides that no State has the right to pass \nany law which shall impair the obligation of contracts. \nNow, there were many men in Kentucky at this time who \n\n\n\nLOCAL AFFAIRS \n\n\n\n31 \n\n\n\nbelieved that a State had the right to nullify or disobey a \nlaw of the United States, if that law interfered with what \nseemed to them the right of the State. Thus was brought \ninto the controversy the old point of divergence between \nthe Federalist and Democratic parties of 1798. \n\nThe mass of the people were for the time in sympathy \nwith the Relief party. The decision of the judges awak- \nened great opposition and caused intense ex- temporary \ncitementin the State elections of 1824. The power of the \n\nRelief party \n\nresult was victory for the Relief party. Gen- \neral Joseph Desha, the Relief candidate, was elected gov- \nernor by a majority of nearly \nsixteen thousand over his oppo- \nnent, Christopher Tompkins, of \nthe opposite faction ; and Gen- \neral Robert B. McAfee, also a \nRelief candidate, was elected \nlieutenant governor by a major- \nity of about eight thousand over \nWilliam B. Blackburn, of the \nAnti-Relief side. The Relief \nparty also had a majority in \nboth houses of the legislature. \nThe judges of the court of \nappeals held ofhce for life, dur- \ning good behavior. They could only be removed by the \nconcurrence of two thirds of both houses, oid court of \nThat their removal might be accompHshed, appeals \n\n^ . abolished \n\nthe judges were brought before the legislature \nthe following December. But as in the case of Judge \nClark, the number of votes necessary for their removal \nwas not obtained. Nevertheless, it was the will of the \nmajority that the judges should be removed. \n\n\n\n\nJoseph Desha \n\n\n\n132 FOUNDING OF THE COMMONWEALTH \n\nAnother means to accomplish this object was now re- \nsorted to. A bill was introduced to repeal the act undei \nwhich the court of appeals had been established. If thie \nwere carried, then a new court might be organized in \nharmony with the will of the people. For three days, \nbefore crowded houses, the bill was debated. Each side \nput forth its best efforts in this unique contest. Logical \nand brilliantly illogical arguments mingled with the bold \ncharge and counter-charge of the combatants. The bill \npassed both houses by a large majority, and was signed \nby the governor. \n\nA new court of appeals was soon organized. William \n\nT. Barry was appointed chief justice, John Trimble, James \n\nHaggin, and Rezin H. Davidge, associate jus- \n\nA new court ^^ r i \n\nof appeals tices. The clerk of the old court refused to \norganized ^.^^ ^^^ ^^^ papers and records of the court \n\nto the new clerk, whereupon the office was broken open to \nobtain them. \n\nDuring all this time of trial, the old judges stood firm \nin their conviction, and continued to sit as a court, in spite \nof opposition. A majority of the lawyers recognized \nthem as the only court and obeyed their decisions. Some \nrecognized the new court, and others refused to decide \nbetween them. \n\nAn entertaining incident^ which expresses the high \nexcitement of this time, is recorded as having taken place \nHow a riot in Lexington. There occurred in the streets \nwas quieted ^^ ^^^^ ^^^^ ^ regular pitched battle on this \nsubject. Men appeared armed with pickaxes, with which \nthey tore up the sidewalks, that they might have bricks \nto hurl at those who differed from them. When the \nriot was at its height, R. J. Breckinridge and Charlton \nHunt, young men then in the beginning of their careers, \n\n\n\nLOCAL AFFAIRS \n\n\n\n133 \n\n\n\ncame out with locked arms and walked through the midst \nof the combatants. These young men were opposing \ncandidates, the former being an adherent of the old court \n\n\n\n\nHow a Riot was Quieted \n\n\n\nand the latter, of the new court. It is needless to add \nthat the rioters were covered with shame, and quiet \nensued. \n\n\n\n134 FOUNDING OF THE COMMONWEALTH \n\nParty names were now shifted. The Relief party be- \ncame the New Court party ; the Anti-ReUef party, the \nOld Court party. The elections of 1825 were \n\nOld Court and . . \n\nNew Court fought under this issue. The storm had gath- \npar les ercd velocity as it raged. This was the most \n\nexciting period in the whole tempest. But a calm was \nsoon to follow. The result indicated a great change in \nthe sentiment of the people. A large majority of the Old \nCourt candidates was elected to the House, and the fol- \nlowing year a majority of that party was likewise gained \nin the Senate. \n\nThe new court was abolished and its acts annulled. The \nold court was reestablished, and the salaries were paid to \nthe judges for the time during which they had been de- \nbarred from office. Of course the " replevin law " was \nnow repealed. The paper of the Bank of the Common- \nwealth was destroyed, and branches of the United States \nBank were established at Louisville and at Lexington. \nAgain the conservative element was victorious in Ken- \ntucky. \n\nQuiet being now attained, a matter of national politics \nnext divided the people of the State. In 1824, the vote \nHenry Clay\'s for United States President was thrown into \no^powerTn""\'\' the Housc of Representatives. Henry Clay, \nKentucky member of Congress from the Ashland district, \n\ncast his vote for John Quincy Adams, and it was perhaps \ndue to Clay\'s exertion that Adams was elected. The \nmajority of Kentuckians were eager for the election of Gen- \neral Jackson, the closest contending candidate. Clay\'s sup- \nport of Adams was received with disapproval throughout \nthe State. This dissatisfaction among his own people arose \nat the time of Clay\'s highest national power. He had just \nsucceeded in carrying in Congress his famous Missouri \n\n\n\nLOCAL AFFAIRS \n\n\n\n135 \n\n\n\n\nJohn Quincy Adams \n\n\n\nCompromise bill, by which the difficulties between the \nNorth and South on the slavery question were tempo- \nrarily subdued. Although an account of Clay\'s work \nbelongs more to the history of \nthe United States than to that \nof Kentucky, his influence was \nso distinct upon the political \naffairs of the Commonwealth \nduring his day, that it must not \nbe lost sight of. \n\nThe mass of the Old Court \nparty, which represented the con- \nservative element of the State, \nwarmly upheld Clay. This fac- \ntion now became merged into a \nnew party that had adopted the \n\nname National Republican, while the disagreeing faction \nunited with the Democratic Republican party. The oppo- \nsition to Adams had been obliged to smolder change of party \nduring the time of local agitation ; but when ^^\xe2\x84\xa2\xc2\xae^ \nhe was offered as candidate for reelection against Jackson, \nthe latter carried the State by a majority of eight thousand. \nThe Democratic RepubHcans carried also all the State \nelections with the exception of that of governor. Thomas \nMetcalf, the candidate on the National Republican ticket, \nwas elected over William T. Barry, by a majority of only \na few hundred. \n\nFor a time, the control of State politics wavered between \nthese two parties. But finally, Henry Clay\'s great ability \nforced for him the renewed support of his triumph of the \nfellow citizens. In 1 831, he was elected to the National Re- \n\n. \xe2\x96\xa0, , 1 , -NT \xe2\x80\xa2 1 publicans \n\nUnited States Senate. Although the National \nRepublicans obtained a majority in the legislature, the \n\n\n\n136 \n\n\n\nFOUNDING OF THE COMMONWEALTH \n\n\n\ntriumph of that party in the State was not yet as- \nsured. \n\nA vigorous contest for governor occurred in 1832, and \nthe Democratic RepubUcan candidate, John Breathitt, \n\nwas elected over Judge \nR. A. Buckner, Sr., by \n.a small majority. In \nthe exciting presidential \ncampaign of 1832, Clay \nand Jackson were op- \nposing candidates. The \nState gave Clay a ma- \njority of over seven \nthousand votes. Thus \nalso was attained the \ncomplete victory of the \nNational Republican \nparty in Kentucky. \nUnder various names \nand through various \nchanges, that party \nheld control of the politics of the State thereafter for \nmore than thirty years. \n\nIn the spring of 1825, Kentucky arrayed herself in \nproudest attire to do honor to the French hero of the \nRevolution, the Marquis de Lafayette. The \ndistinguished visitor was received with ova- \ntions at Louisville, Frankfort, Versailles, Lexington, and \nMaysville ; and each place vied with the other in the grace \nof the dinners and balls given him. The State had now \nrecovered from its first financial crisis, and home life in \nthe largest towns was as luxurious as that in Philadelphia \nor Boston. \n\n\n\n\nAndrew Jackson \n\n\n\nSocial and lit- \nerary matters \n\n\n\nLOCAL AFFAIRS \n\n\n\n137 \n\n\n\n\nMarquis de Lafayette \n\n\n\nPerhaps this was the era of Kentucky\'s highest fame. \nHer statesmen towered by the side of the greatest in the \nUnion. Her lawyers were \nrenowned. Transylvania \nUniversity, under the presi- \ndency of the accomplished \nand fascinating Dr. Horace \nHolly, had attained high \nrank, and was recognized \nas a great institution of \nlearning, not only in the \nUnited States, but abroad. \nFor seven years Professor \nC. S. Rafinesque,^ known \nto the scientists of the \nworld, had occupied the \nchair of Natural Sciences \nand Modern Languages. During this time, he projected his \ndream of establishing botanical gardens at Lexington, and \nthough he was unsuccessful in this undertaking, it added \na charm to the town and to the State. By Dr. Holly\'s \nresignation in 1825 the University suffered a loss, but the \nbrilliancy of his day lingered over it for years. \n\nIn Lexington, also, during this time, was established a \nLyceum, or literary society, in which the best talent of the \nday took part in lectures and debates. Here, \xe2\x80\x9e . \n\n\xe2\x96\xa0\' ^ Scientific and \n\nin 1827, Thomas Harris Barlow constructed artistic pro- \nthe first model railroad and locomotive ever \nsuccessfully run in western America, and here he \nachieved his most complete invention, known as Barlow\'s \nPlanetarium. Neither was Kentucky barren of artistic \n\n1 The Life and Writings of C. S. Rafinesque. By Richard Ellsworth Call. \nM.A., M.Sc, M.D. Filson Club Publication No. 10, \n\n\n\n138 FOUNDING OF THE COMMONWEALTH \n\nproductions. During this time Matthew Harris Jouett was \nproducing a series of portraits which have given to his \nname an ever-increasing fame. Many prominent Ken- \ntuckians of his day were painted by him. On the walls \nof the old homesteads of the State hang these priceless \n\nrelics of cherished \nancestors. Jouett, \nwhose Revolution- \nary forefathers had \ntaken part in the \nfounding of the \nCommonwealth, \nwas born in Mer- \ncer County, April \n22, 1788, and died \nin Fayette County, \nAugust 10, 1827, \nat the early age of \nthirty-nine. Some- \nthing of his talent \nfor making por- \ntraits and for \n\nMatthew H. Jouett ^Cauty of Coloriug \n\ndescended to his \npupil, Oliver Frazer of Lexington (born 1808, died 1854). \nOlder in point of time than the latter was another artist- \nson of Lexington, Joseph H. Bush (born 1793, died 1865), \nwho did vigorous, though perhaps less polished work than \nthe others mentioned. \n\nOne of the most celebrated of Kentucky artists was the \nsculptor, Joel T. Hart, who was born in Clark County in \n1 8 10, and died in Florence, Italy, in 1877. Hart\'s circum- \nstances were restricted, and he was obliged to begin his \n\n\n\n\nLOCAL AFFAIRS \n\n\n\n139 \n\n\n\ncareer as a stonemason. But by virtue of the genius \nwithin him, and that necessary accompaniment to genius, \xe2\x80\x94 - \nthe power to labor unfalteringly, \xe2\x80\x94 he succeeded in the \nprofession toward which his ideal ever aspired. He made \nseveral statues of prominent men of the day ; but his chief \nclaim to fame rests upon the imaginative group to which \nhe gave the name Woman Triumphant.^ He spent twelve \nyears\' work upon this statue, death alone ending his \nefforts to perfect it. \n\n\n\nRECAPITULATION \n\n\n\nGeorge Madison, newly elected gover- \nnor, dies. \n\nPower of legislature to order new \nelection agitated. \n\nGabriel Slaughter, lieutenant gover- \nnor, succeeds. \n\nEuropean wars interrupt foreign \ntrade. \n\nHome manufactories established. \n\nWar ended, foreign trade resumed. \n\nAmerican manufactories fail. \n\nGold and silver banished from use. \n\nCommodities bring high prices. \n\nSpecie payment resumed after the \nwar. \n\nFinancial depression ensues. \n\nKentucky prosperous for a time. \n\nShops in Lexington and Louisville. \n\nUnique currency of the early days. \n\nA better currency needed. \n\nWild extreme of the legislature. \n\nForty-six banks chartered. \n\n\n\nState flooded with paper money. \n\nBanks and speculators break. \n\nCommonwealth\'s Bank a "relief" \nmeasure. \n\n" Two years\' replevin law " passed. \n\nJudge Clark decides against the law. \n\nFailure of attempt to remove him \nfrom office. \n\nCourt of appeals concurs with Judge\' \nClark. \n\nState rights element in the ques- \ntion. \n\nRelief party carries the State. \n\nGeneral Joseph Desha governor. \n\nFailure of attempt to remove court of \nappeals judges. \n\nCharter of the court of appeals re- \npealed. \n\nA new court organized. \n\nOld court firmly guards papers, etc. \n\nNew court takes forcible possession. \n\nAn entertaining incident. \n\n\n\n1 In 1884 a Hart Memorial Association was organized at Lexington by \nMrs. Issa Desha Breckinridge, for the purpose of raising ^5000 with which to \npurchase of Messrs. Tiffany & Co., of New York, Woman Triumphant. The \nstatue was secured, and is now in one of the public buildings of the city. \n\n\n\n140 \n\n\n\nFOUNDING OF THE COMMONWEALTH \n\n\n\nOld Court and New Court parties. \n\nA change of sentiment in the State. \n\nOld Court party victorious. \n\nA return to national politics. \n\nHenry Clay\'s vote for President \nAdams. \n\nDissatisfaction occasioned in Ken- \ntucky. \n\nTvi\'^o nevs\' parties. \n\nThe Democratic Republicans elect all \nthe State officers except governor. \n\nThomas Metcalf chosen governor. \n\nVictory wavers between the two par- \nties. \n\n\n\nJohn Breathitt, Democratic Repub- \nlican, elected governor. \n\nHenry Clay elected to the United \nStates Senate. \n\nFinal triumph of National Repub- \nlicans in the State. \n\nLafayette\'s visit to Kentucky. \n\nA brilliant era. \n\nTransylvania University. \n\nDr. Holly and Professor Rafinesque. \n\nBotanical gardens projected at Lex- \nington. \n\nThomas H. Barlow, inventor. \n\nThe artists of Kentucky. \n\n\n\nCHAPTER XIII \n\n\n\nCIVIL AFFAIRS AND THE MEXICAN WAR, 1 836-1 849 \n\n\n\nThe National Republican party became merged into \nthe Whig party, and the affairs of Kentucky were now \ncontrolled by that conservative element. As Rise of the \nan evidence of this change of sentiment in the ^^^^ ^^^^ \nState, James Clark, the judge who gave the decision \nagainst the replevin laws, was elected governor in 1836 \nThe elections of the following- \nyear gave a continued triumph \nto the Whigs. It was as a re- \nsult of a congressional contest \nof this year that one of the most \ngifted sons of Kentucky was \nbrought within the recognition \nof the nation. \n\nAmong those men who shed \nluster upon Kentucky in the \nearly days of the \npresent century, \nnone surpassed, if any equaled, \nRichard H. Menefee. He was \nborn in Bath County in 1809. \nHis public career began in \n1832, before he had completed \n\nhis twenty-third year, when he was appointed Common- \nwealth\'s attorney. With one term in the State legislature, \n\n141 \n\n\n\nRichard H. \nMenefee \n\n\n\n\nRichard H. Menefee \n\n\n\n142 \n\n\n\nFOUNDING OF THE COMMONWEALTH \n\n\n\none term in the Congress of the United States as the \nWhig representative of his district, and less than two \nyears\' legal practice at the Fayette bar, his brief life \nclosed at the age of thirty-two. In legal ability and the \npowers of oratorical persuasion he has never been sur- \npassed, and in those dis- \ntinctive characteristics of \nhigh-spirited chivalry which \nmark the Kentuckian, he has \nnever had a superior. But \nhis name is connected with \nno great event in history. \nSuch men are forgotten un- \nless they are held up in grate- \nful remembrance before the \npeople of the State upon \nwhich they brought honor \nin their day and generation. \nAnd it must be understood \nthat this was the day of \ngreat men in Kentucky. \nFrom the long list of nota- \nble names, one or two may be selected as representative \nof the others. Thomas F. Marshall was" born in Frank- \nfort, June 7, 1 80 1, and died at his old home, \n"Buck Pond," near Versailles in Woodford \nCounty, September 22, 1864. In wide scholarship and \nfervent, imaginative oratory he was rarely gifted. As \na speaker he possessed the rather unusual combination of \nvigorous logic and captivating brilliancy. If his moral \ncharacter had equaled his intellectual ability, he might \nhave made an enduring impression upon his country. \nIn the beginning of his second term. President Jackson \n\n\n\n\nThomas F. Marshall \n\n\n\nThomas F \nMarshall \n\n\n\nCIVIL AFFAIRS AND THE MEXICAN WAR 143 \n\nvetoed the bill to recharter the Bank of the United States. \nAs a result of this measure State banks sprang up all \nover the Union. The legislature of Kentucky, in 1833-34, \nestablished the Bank of Kentucky, the Bank Financial \nof Louisville, and the Northern Bank of Ken- ^^^pression \ntucky. Paper money became abundant; as usual, specula- \ntion increased, and bankruptcy followed. In the year \n1837, all the banks in the United States were obliged to \nsuspend specie payment. By \nprudent management, however, \nthey were able to resume specie \npayment the following year. \nBut unfortunately for the coun- \ntry, the spirit of speculation had \nbeen stifled only momentarily, \nnot destroyed. Business \xe2\x96\xa0 ven- \ntures increased, and again, the \nnext year, there occurred a uni- \nversal suspension of banks. This \nfinancial depression not only ex- \nisted in Kentucky, but was gen- \neral throughout the United States for several years \n1842 an attempt was made to revive the old "relief \nmeasures." But there was no danger now of the passage \nof any radical laws by the legislature. The people had at \nlast learned that legislation does not remedy evils. \n\nStill the Whigs led in State politics. In 1840, Robert \nP. Letcher, who had been a member of Congress for ten \nyears, was elected governor by a majority of continued \nnearly sixteen thousand votes over the nomi- "^^^e control \nnee of the Democratic party \xe2\x80\x94 by which name the Demo- \ncratic Republicans were now called. But the political \ncontests of 1844 were the most exciting that had occurred \n\n\n\n\nWilliam Owsley \n\n\n\nIn \n\n\n\n144 FOUNDING OF THE COMMONWEALTH \n\nin the State for many years. The Whig nominee for \ngovernor was Judge WilHam Owsley, who will be remem- \nbered as one of the distinguished judges of the old court \nof appeals during the famous controversy. The Demo- \ncratic nominee was the popular Major William O. Butler, \nlater General Butler of the Mexican War. Butler was a \nman of ability. Furthermore, he had been a brave sol- \ndier. He had survived the slaughter at Raisin and par-> \nticipated in the victory at New Orleans. Nevertheless, \nthe Whigs carried the day. Judge Owsley was elected \nby a majority of about forty-five hundred votes. \n\nIn the autumn of this year the election for President \nof the United States took place. Again Henry Clay had \nIssue of the been chosen the nominee of the Whig party, \npresidential Kentucky stood true to Clay, and o^ave him a \n\nelection , . ^ , \xe2\x96\xa0\' ^ \n\nmajority of over nine thousand votes. But \nJames K. Polk, of Tennessee, was elected after a very \nclose contest. The issue had turned upon the question of \n\nthe annexation of Texas to the \nUnited States. Clay opposed this \nmeasure for various reasons, two \nof which were that it would in- \ncrease the slave-holding territory i \nin the United States, and thatj \nit would inevitably result in war \nwith Mexico. Just before the \ninauguration of Polk, and under \nhis advice, the acting President, \nTyler, sie^ned the bill for the an- \n\nJames K. Polk ^ > fc> \n\nnexation of Texas to the Union. \nAs had been foreseen by Clay, war with Mexico was \ninevitable. Immediately after the annexation was accom- \nplished, the authorities of Texas sent an urgent request \n\n\n\n\nCIVIL AFFAIRS AND THE MEXICAN WAR \n\n\n\n145 \n\n\n\n\nZachary Taylor \n\n\n\nto the President to forward an army for their protection. \nGeneral Zachary Taylor, of the United States outbreak of the \narmy, a Kentuckian by adoption, was dis- Mexican war \npatched. Hostilities immediately began. On the 13th \nof May, 1846, Congress declared war with Mexico. Al- \nthough the people of Kentucky, \nby their vote for Clay, had \nshown their opposition to the \nmeasure which brought about \nthe Mexican War, yet, when \nwar was declared, they were \nready, as they had always been, \nto aid the Union in her time \nof need. Of the fifty thou- \nsand troops which the President \ncalled for, Kentucky quickly \noffered ten thousand and many \nmore were eager to be called \n\ninto service. Three of the important officers of this war were \nKentuckians, \xe2\x80\x94 Zachary Taylor, major general of the regu- \nlar army; William O. Butler, major general of volunteers; \nand Thomas Marshall, brigadier general of volunteers. \n\nOne hundred and five companies, nearly twice as many \nas were called for, went out from Kentucky to join General \nTaylor\'s army. The first regiment of infantry, Kentucky \ncomprising nine companies from Louisville, ^^^^^^ \nwas commanded by Colonel Ormsby; the second, by \nColonel William R. McKee, of Lexington, Lieutenant \nColonel Henry Clay, Jr., and Major Gary H. Fry. The \nfirst regiment of cavalry was commanded by Colonel \nHumphrey Marshall, of Louisville, Lieutenant Colonel \nEzekiel H. Field, of Woodford County, and Major John P \nGaines, of Boone County. \n\nKENT. HIST. 10 \n\n\n\n146 FOUNDING OF THE COMMONWEALTH \n\nThe war was fairly commenced before the Kentucky \ntroops reached their destination. The first action in which \n\nany of them fought \nwas the charge on the \ncity of Monterey. \nThe Louisville legion \ntook part in that suc- \ncessful assault, Sep- \ntember 24, and were \nreported to have \nshowed obedience, \n, patience, discipline, \n) and calm courage. \nGeneral Butler was \nwounded, and Major \n/ Philip N. Barbour \nwas killed. The leg- \n\' ,^ ^ .. , \xe2\x80\x9e islature the following \n\nHumphrey Marshall ^ \n\nyear, 1 847, passed \nresolutions in compliment of the Louisville legion, and \nordered swords to be presented to Generals Taylor and \nButler, and to the widow of Major Barbour. \n\nThe only important action in the Mexican War in which \nKentuckians largely took part was the memorable battle \nBatueof of Buena Vista, fought February 22 and 23, \n\nBuena Vista 1847, around which have gathered so many \nstirring recollections. Here fell two of the most gallant \nsons of Kentucky, \xe2\x80\x94 Colonel William R. McKee and \nLieutenant Colonel Henry Clay (eldest son of Henry Clay \nthe statesman). One fifth of the troops in this battle were \nfrom Kentucky, and of the seven hundred and twenty- \nthree men killed or wounded, one hundred and sixty-two \nwere from this State. \n\n\n\n\nCIVIL AFFAIRS AND THE MEXICAN WAR 147 \n\n\n\nThe successful issue of this battle led to the capture of \nVera Cruz, the daring attack upon Cerro Gordo, and the \nfinal capture of the City of Mexico. With the triumph \nof the American arms, peace was gained m Texas, and a \nvast territory was surrendered by Mexico to the United \nStates. An independent company of one hundred men \nfrom Clark County, commanded by Captain John S. Wil- \n\n\n\n\n\n\n\n\xe2\x80\x94J \n\n\n\nGeneral Taylor at Buena Vista \n\n\n\nliams (afterward General Williams of the Confederate \narmy and later United States senator), took part in the \nbattle of Cerro Gordo, April i8, 1849, where the Mexicans \nlost in killed and wounded one thousand men, besides \nthree thousand who were taken as prisoners, and all their \nmaterials of war. \n\n\n\n148 FOUNDING OF THE COMMONWEALTH \n\nThe Kentucky troops buried their dead comrades upon \n\nthe field of Buena Vista ; but a few months later the State \n\nbrouo:ht home the ashes of some of her heroes \n\nFuneral cere- \xc2\xb0 \n\nmonies at to rcst in the cemetery of the capital. On the \n\n20th of July, 1847, the solemn and interesting \nceremonies took place. An address was delivered by the \nRev. John H. Brown of the Presbyterian Church, and an \noration by John C. Breckinridge. \n\n: A little later the State erected a handsome monument \nin memory of the heroes. It was for the occasion of its \nunveiling that Theodore O\'Hara wrote his \nimmortal elegy, The Bivouac of the Dead. \nO\'Hara,^ born in Danville, Kentucky, in 1820, was the \nson of Kane O\'Hara, an Irishman exiled for his religion, \nwho was celebrated in his day in Kentucky for profound \nclassical scholarship. Theodore O\'Hara had himself \nserved with distinction in the Mexican War. Entering \nthe army under the appointment of a captaincy, he \nretired with the rank of brevet major. His heart was \nstirred by the events through which he had just passed, \nand his genius expressed itself in as great a poem of the \nkind as was ever written. It is thrilling even to think of \nthe scene in the cemetery at Frankfort that summer day \n\xe2\x80\x94 with the State\'s great dead resting all around under \nthe shade of primeval forest trees \xe2\x80\x94 when the soldier \npoet lifted up his voice in the impressive measure of his \nverse : \n\n" The muffled drum\'s sad roll has beat \nThe soldier\'s last tattoo; \nNo more on life\'s parade shall meet \nThe brave and daring few. \n\ni Q Hara and His Elegies. By George W. Ranck. \n\n\n\nCIVIL AFFAIRS AND THE MEXICAN WAR \n\n\n\n49 \n\n\n\nOn fame\'s eternal camping ground \nTheir silent tents are spread, \n\nAnd Glory guards, with solemn round, \nThe bivouac of the dead." \n\n\n\nIn 1848 John J. Crittenden retired from the Senate of \nthe United States to accept the Whig nomination for \ngovernor of Kentucky. He was elected by \na large majority over his opponent, Lazarus criwenden^ \nW. Powell, one of the most notable men in elected gover- \n\n\' nor \n\nthe Democratic party of that day. Crittenden \nwas born in the \'county of Woodford in 1786. After he \nwas called to the bar, he moved to that portion of the State \nknown as the Green River \ncountry, then attracting many "^^^ \xe2\x80\x94 \n\nyoung men of talent. From \nRussellville, in the county of \nLogan, in 18 11, he was sent, \nfor the first time, as a repre- \nsentative to the legislature. In \n1 81 7, he was chosen United \nStates senator. During the \ntroublous times of the Old \nand New Court controversy \nhe again consented to take \npart in his State\'s affairs. \nAccordingly he was elected a \nrepresentative from Frankfort, \nwhere he had settled to prac- \ntice law. In 1835, he was \n\nagain called into national politics. He held the office of gov- \nernor of Kentucky until 1850, when he resigned to become \nattorney-general in President Fillmore\'s cabinet. John L. \nHelm, the lieutenant governor, was inaugurated governor. \n\n\n\n\nJohn J, Crittenden \n\n\n\nISO \n\n\n\nFOUNDING OF THE COMMONWEALTH \n\n\n\nIn 1849, the State constitution was revised for the third \n\ntime. Four important changes may be noted: (i) The \n\niudiciarv, which formerly had been appointed \n\nThird revision ^ \xe2\x80\xa2\' \' i 1 \xe2\x80\xa2 i 1 \n\nof the consti- by the governor, was made elective by the \npeople. (2) The power which the legislature \nhad possessed to raise money for debt on the credit of \nthe State was aboUshed. (3) Certain provisions for the \ncontinuation of slavery were made. (4) No convention to \nrevise the constitution could be called without a two- \nthirds vote of the entire voting population of the State. \n\n\n\nRise of the Whig party. \n\nJames Clark, governor. \n\nRichard H. Menefee. \n\nThomas F. Marshall. \n\nCharter of United States banks re- \npealed. \n\nThree banks chartered by the legisla- \nture. \n\nPaper money plentiful. \n\nSpeculation followed by bankruptcy. \n\nMomentary return of prosperity, fol- \nlowed by wide-spread failure. \n\nAttempt to revive " relief measures." \n\nExtreme measures not to be carried. \n\nRobert P. Letcher governor. \n\nExciting contest for the succeeding \ngovernor. \n\nWilliam Owsley, Whig, elected. \n\nClay the Whig nominee for Presi- \ndent. \n\nKentucky gives him a large ma- \njority. \n\nThe annexation of Texas the ques- \ntion of the contest. \n\nClay\'s opposition to the annexation \ndefeats him. \n\nWar with Mexico inevitable. \n\n\n\nRECAPITULATION \n\nGeneral Taylor of the United States \narmy dispatched to Texas. \n\nHostilities begin. \n\nWar declared. \n\nKentucky\'s attitude toward the war. \n\nShe offers 10,000 militia. \n\nKentuckians high officers in the war. \n\nThe Kentucky troops. \n\nThe Louisville legion. \n\nThe charge on Monterey. \n\nBattle of Buena Vista. \n\nOne fifth of the troops Kentuckians. \n\nDistinguished Kentuckians slain. \n\nThe battle leads to the American vic- \ntory. \n\nPeace in Texas. \n\nAcquisition of a vast territory. \n\nAshes of the heroes of Buena Vista \nburied at Frankfort. \n\nMemorial monument later erected. \n\nO\'Hara and -his Bivouac of the \nDead. \n\nJohn J. Crittenden governor. \n\nSucceeded by John L. Helm in 1850. \n\nCrittenden\'s ability. \n\nState constitution revised in 1849. \n\nFour important changes made. \n\n\n\nIV\xe2\x80\x94 THE CIVIL WAR, 1850-186J \n\n\n\nCHAPTER XIV \n\nTHE SITUATION IN KENTUCKY, 1 850-1860 \n\nLong before the peal of thunder and the flash of light- \nning announce the downpour of rain, forces have been at \nwork in the heavens to produce a storm, causes of the \nLong before the outbreak of the Civil War, civn war \nevents had been slowly tending toward the inevitable con- \nflict. With the first slaves introduced upon American soil \nbegan the conditions which brought about the final tragedy. \nOf course there were many branches that grew out of the \nmain vine, \xe2\x80\x94 the slavery question, \xe2\x80\x94 and one was so im- \nportant and grew so rapidly as time went on that it seemed \nto many the parent vine, \xe2\x80\x94 the original source of the con- \ntroversy. This was the different and directly opposite \nviews held by the North and the South as to the nature of \nthe government of the United States, the former believing \nthat sovereign power resided in the Federal government ; \nthe latter, that it resided in the States.^ \n\nIn the warm Southern States where cotton was ex- \ntensively produced, slavery was deemed a ne- slavery in \ncessity to the agricultural life. This was not Kentucky \nthe case in Kentucky. But the institution had existed \nand flourished from the earliest days of the settlement of \n\n1 The War betcveen the States. By Alexander H. Stephens. \n\n\n\n52 \n\n\n\nTHE CIVIL WAR \n\n\n\nthe region. In 1850 the population of the State was \n982,405, of which over 200,000 were slaves. \n\nOn the great landed estates of the Commonwealth the \nlot of the slave was comparatively happy. And yet, \nover and over again, in important conventions of the \nState, this problem of human property had claimed the \nconsideration of the people. For years, Henry Clay had \nbeen president of the American Colonization Society, \nand he had advocated a system of gradual emancipation. \nMany of the prominent citizens of the State, who were \nlarge slave owners, concurred in this humane project; but \nthey were in the minority, and we have seen that the \nrevised constitution of 1849 provided for the continuation \nof slavery. \n\nThis provision in the constitution grew out of Ken- \ntucky\'s resentment of the course which extreme persons \nEffect of ^^\'^ ^^^ North were beginning to pursue toward \n\nabolitionism the slave-holding States of the South. It had \nits immediate cause in a desire to oppose the conduct of \ncertain abolitionists who, as early as 1841, began a system \nof stealing away slaves from their masters and running \nthem into Ohio (a free State) and thence into Canada. \nThese persons had accomplices stationed in different parts \nof Kentucky, and along routes known only to themselves. \nWhen the negroes were stolen, they were passed on from \none station to another until they were safely out of the \ncountry. Thus the means by which this business was ac- \ncomplished received the name of the " underground rail- \nroad." Again and again the conspirators were discovered \nin different parts of the State, and were tried and con- \ndemned ; ^ but still the work went on because those engaged \n\n1 The most noted case was that of Miss Delia A. Webster, who was tried \nftt Lexington, in 1844, ^^\'^ sentenced to two years in the State penitentiary. \n\n\n\nTHE SITUATION IN KKNTUCKY \n\n\n\n153 \n\n\n\nin it believed they were doing right. Hundreds of slaves \nwere stolen in this way from their owners. \n\nIn many cases the slaves were unwilling to leave their \n\n\n\n\nNegroes\' Dance \n\nhomes. While they greatly desired freedom, they were as \na class a peaceable people that dreaded change, characteristics \nThey knew the life they were living. It had of the slaves \nsore trials ; but they realized that they would always be \n\n\n\nBut the same jury that had condemned her for what they judged a crime, \nsigned a petition to the governor for her pardon. She was released because \nshe was a woman, while her companion in the work was sentenced to serve \nfifteen years in the penitentiary. \n\n\n\n154 \n\n\n\nTHE CIVIL WAR \n\n\n\nprovided for. They knew nothing about the life into \nwhich they would be taken. Moreover, the careless, ir- \nresponsible existence they led made them unthinking. \nThey lived for the moment, and if they, could steal off at \nnight and meet together at some neighboring " quarters " \nfor a dance, they gave themselves up to the frolic with \nreckless disregard of the punishment which might follow \non the morrow. \n\nThe leader of the antislavery movement in Kentucky \n\nwas CaSSmS An abolition \nM. Clay, a newspaper \n\nman of strong will, \nfearless in advocating \nhis opinions. In 1845, \nhe began to issue at \nLexington an abolition \nnewspaper called The \nTine American. Its \ntone was inflammatory \nand was considered alto- \ngether improper. The \ncitizens of that town \nmet and decided that \nits publication was detri- \nmental to the peace of \nthe community, and that \nit must be discontinued. \nWhen the editor, who \nwas at home ill at the time, was informed of the action of \nthe meeting, he sent back a defiant reply ; whereupon a com- \nmittee of sixty of the most honorable citizens of the place \nwere deputed to go to the office of The True American and \ntake possession of it. The whole proceeding was managed \n\n\n\n\'\xe2\x96\xa0; |jc~- \n\n\n1 \n\n\n\n\n% \n\n\n^SIHHIH \n\n\nm \n\n\n\nCassius M. Clay \n\n\n\nTHE SITUATION IN KENTUCKY 1 55 \n\nin the most orderly manner. The secretary containing the \nprivate papers of the editor was sent to him at his home., \nThe press, type, etc., were packed by printers and sent to \nthe care of a reliable firm in Cincinnati, and the editor \nwas informed that he would find them there awaiting his \norder. \n\nOf course the committee of sixty had to be tried, for \ntheir action was illegal ; but the jury, without hesitation, \ngave a verdict of "not guilty." All over the The state \nState enthusiastic meetings were held in com- acS^^of^^ ^^^ \nmendation of the action of the citizens of Lex- I\'exington \nington, and strong resolutions were passed recommending \nthe prevention of such incendiary publications as TJie True \nAmerican in the State. This shows that the unwise con- \nduct of extreme abolitionists awakened much excited feel- \ning that otherwise might not have existed. \n\nKentucky was rapidly growing intensely proslavery. \nThe majority of her people believed to a certain extent in \nthe doctrine of State rights. All their svmpa- \xe2\x80\x9e , \n\n*^ ^ y f Proslavery and \n\nthies were in harmony with the customs of the union \nSouthern States ; and yet, at the same time, \nKentucky had ever been most ardently attached to the \nUnion. As an evidence of this fact note the words which \nthe legislature of 1850 ordered to be engraved on a block \nof Kentucky marble that was to be placed in the " General \nWashington Monument" at Washington City: "Under \nthe auspices of heaven and the precepts of Washington, \nKentucky will be the last to give up the Union." \n\nSlowly, steadily, the division between the two sections \nof country was widening. But all the while the ^^^ ^^^ , \ngreat and patriotic mind of Henry Clay was compromise \nstruggling to adjust the differences which \nthreatened dissolution to the Union. The prediction \n\n\n\n156 \n\n\n\nTHE CIVIL WAR \n\n\n\nwhich Clay had made concerning the annexation of Texas \nin 1845 was fast being fulfilled. Already a war with \nMexico had been fought. Out of the vast territory \nceded by Mexico in 1848 to the United States, n^w \nStates were forming. Already California had framed its \nconstitution and asked for admission into the Union. The \nquestion whether slavery should be allowed in the new \nStates raised a conflict of opposition on the one hand, \n\n\n\n\\ [diiii4tii;i ^^\'~Tr"^ - \n\n\n\n\nClay\'s Home, Ashland, Kentucky \n\nand advocacy on the other, such as had never before \noccurred in the nation. \n\nIn this condition of affairs, on the 29th of January, 1850, \nHenry Clay came forward in the United States Senate \nwith his celebrated Compromise Resolutions, which were \nknown later as the Omnibus Bill. Clay\'s earnest speech \nin exposition of these measures of peace lasted two days, \nbeginning February 5. For months the bill called forth \nexciting debates in the halls of Congress ; but finally the \nrarious measures which composed it were passed before \nthe close of that memorable year. This was Clay\'s last \n\n\n\nTHE SITUATION IN KENTUCKY 1 5/ \n\ngreat effort. Two years later he died, just prior to the \n\ndownfall of the Whig party, of which he had long been \n\nthe leader in spirit, if not in place. \n\nIn 185 1, Lazarus W. Powell, one of the most talented \n\nmembers of the Democratic party, was elected governor. \n\nBut the Whio:s secured a majority of the other \n\n^ \xe2\x80\xa2\' ^ state politics \n\nState offices and elected most of their men to \n\nboth houses of Congress. At this time the first Emanci- \npation ticket in Kentucky was run, with Cassius M. Clay \nat its head, as nominee for governor. His vote, however, \nwas only about thirty-six hundred. Archibald Dixon, who \nhad been the Whig nominee for governor against Powell, \nwas elected United States senator in the place of Henry \nClay, resigned. The days of the Whig party were num- \nbered. \n\nWith the election of Franklin Pierce, the Democratic \nnominee for President, in 1852, the Whig party disap- \npeared from national politics, never to reap- Downfall of the \npear. In Kentucky, for several years longer, ^^^^ ^^^"^^ \nit continued to exist as a distinct organization, unde; the \nleadership of John J. Crittenden. \nBut a disruption had occurred in \nits ranks. Some of its members, \nmore extreme in one direction, had \ngone off with the abolition move- \nment ; while others, of the oppo- \nsite tendency, had united with the \nDemocratic forces. \n\nIn the unsettled, agitated condi- \ntion of the nation it was inevita- \nble that new parties should arise ^ ... ^. \n\n^ Franklin Pierce \n\nto embody the various opinions \n\nthe times inspired. The American or Know-Nothing \n\n\n\n\n53 \n\n\n\nTHE CIVIL WAR \n\n\n\nparty, as it was commonly called, appeared like a meteor \nonly to fall like a meteor. It existed from 1853 to 1856. \nKnow-Nothing ^^ the Kentucky elections of 1855 for State \nparty officers and members of Congress this ticket \n\nwas mainly successful. Charles S. Morehead, a former \nWhig, became governor. \n\nBut the variations in the politics of the State were like| \nthe waverings of a newly started pendulum before it finally \n\nassumes its regU- Democratic \nlar beat. The supremacy \n\nhour of Democratic su- \npremacy was at hand. In \n1856, John C. Breckinridge \nof Kentucky, the Democratic \nnominee for Vice President, \nwas elected, with James Bu- \nchanan as President. Young \nBreckinridge was peculiarly \nfitted to become the leader \nof the Democratic forces \nof his State. He was \nbrave, with a winning \nmanner and a ready ora- \ntory. His sympathies went \nout ardently toward the \nSouth in the question which \nIn the ensuing State elections, \nthe Democrats were victorious. In 1859, Beriah Magoffin, \nDemocrat, was elected governor, and a majority of Demo- \ncrats was obtained in both houses of the legislature. \n\nAlthough the Democracy held the scepter of power, yet \nthere still existed in the State that old conservative element \nwhose influence has been repeatedly noted. This element \n\n\n\n\nJohn C- Breckinridge \n\nwas now before the nation. \n\n\n\nTHE SITUATION IN KENTUCKY \n\n\n\n159 \n\n\n\nhas been known to us most recently under the appellation \nWhig. Left now without a party name, the men of that \npolicy became designated for a time simply as The conserva- \nthe ** Opposition." But they were soon to tive element \nmake for themselves a name which is expressive of the \nwork they did for their State and the nation, \xe2\x80\x94 Conserva- \ntive Union party. \n\nThis body was composed of some of the purest and most \npatriotic men the State has ever produced. In their num- \nber will be found the names of such able judges as L. W. \nAndrews, R. A. Buckner, C. F. Burnam, W. B. Kinkead, \nJoseph R. Underwood, and Nathaniel Wolfe ; of such dis- \ntinguished statesmen as J-oshua F. Bell and James Guthrie ; \nand of such brilliant editors as George D. Prentice of the \nhomsvillQ /oiir/ial, John H. Harney of the Louisville Z>^;;/^- \ncra^, and D. C. Wickliffe of the Lexington Observer mtd \nReporter. And there were many others who, in the legis- \nlature, in public speeches to the citizens of the State, and \nin newspaper editorials, likewise labored to avert the \nthreatened dissolution of the nation. Of these men, John \nJ. Crittenden stood as the representative type in the Federal \nCongress. All hopes were now turned to him to save the \nUnion. \n\nRECAPITULATION \n\n\n\nThe North and the South hold con- \ntrary views. \n\nThey interpret the Federal constitu- \ntion differently. \n\nSlavery becoming a serious prob- \nlem. \n\nSlavery not necessary to Kentucky. \n\nLarge slave population of the State. \n\nThe slave problem repeatedly dis- \nturbs the people. \n\nGradual emancipation advocated. \n\n\n\nExtreme abolitionists excite temper \nin the people. \n\n"The underground railroad." \n\nMany slaves captured in this way. \n\nThe careless lives of the slaves. \n\nAn abolition newspaper forcibly dis- \ncontinued. \n\nThe " committee of sixty " tried and \nacquitted. \n\nLexington\'s action commended by \nthe State. \n\n\n\ni6o \n\n\n\nTHE CIVIL WAR \n\n\n\nKentucky opposed to abolitionism. \n\nHer belief in State Rights. \n\nHer ardent attachment to the Union. \n\nHenry Clay\'s prophesy concerning \nTexas fulfilled. \n\nNew States ask admission to the \nUnion. \n\nQuestion of slavery in the new States. \n\nClay\'s Resolutions of 1850. \n\nThe various measures carried. \n\nClay\'s death two years later. \n\nWhigs carry most of the elections of \n1851. \n\nLazarus W. Powell, Democrat, \nelected governor. \n\nCassius M. Clay heads an Emancipa- \ntion ticket in 1 85 1. \n\n\n\nArchibald Dixon succeeds Clay in \n\nUnited States Senate. \nNational downfall of the Whig party. \nCrittenden holds it together a little \n\nlonger in Kentucky. \nRise and fall of the Know-Nothing \n\nparty. \nDemocratic supremacy. \nJohn C. Breckinridge the Democratic \n\nleader. \nBeriah Magoffin, Democrat, governor. \nOld Whig party first called the " Op- \nposition." \nBecomes the Conservative Union \n\nparty. \nIts members men of weight in the \n\ncommunity. \n\n\n\nCHAPTER XV \n\n\n\nKENTUCKY\'S POSITION OF NEUTRAUTY, Nov. i86o-June i86i \n\nIt is a curious coincidence that the two men who were \ndestined to take the poHtical lead in the great conflict of \nthe nation were born in Kentucky, within one \nyear of each other. Jefferson Davis was born Davis, natives \nJune 3, 1808, in that part of Christian County "^^^"^"^^^ \nwhich afterward became Todd County. In his infancy his \nfamily moved , , \nsouthward to \nMississippi, \nwhere he be- \ncame imbued \nwith the spirit \nand the customs \nof the planters. \nAbraham Lin- \ncoln was born in \na log cabin in \nthat p art o f \nHardin County \nwhich afterward \nbecame Larue \nCounty, on the \n1 2th day of \nFebruary, 1809. \n\nKENT. HIST. \xe2\x80\x94 II l6l \n\n\n\n\nAbraham Lincoln \n\n\n\n1 62 THE CIVIL WAR \n\nIn his boyhood, his family moved northward into the \nuncultivated regions of the newly opened West. From \na life of vigorous physical toil and earnest mental exer- \ntion, he learned those lessons of truth and freedom which \nprepared him for his mission. \n\nIn November, i860, Abraham Lincoln was elected \n\nPresident of the United States. The leaders of the South \n\nhad declared that in the event of his election \n\nSecession of . ^ . , , . . ^ ^ . ^ \n\nSouthern they would Withdraw irom the Union. Reces- \n\nsion feeling was growing. On December \n17, South Carolina met in a State convention that re- \nsulted in the secession of that State from the Union on \nDecember 20. Within two months Mississippi, Florida, \nAlabama, Georgia, Louisiana, and Texas followed this \nprecedent. On December 18, John J. Crittenden offered \nin the United States Senate certain compromise proposi- \ntions which, if adopted as amendments to the Federal con- \nstitution, he hoped would bring peace between the North \nand the South. But the propositions were voted down. \nThe country was in no state of mind to listen to reason. \nTen years had passed since Clay had carried in that same \nbody his compromise measures of 1850. For ten years \nfuel had been added to the flame which was then burningj \nin the North and in the South. In 1850, it was possible to \nsubdue it; in i860, it had grown beyond the power of man \nto quench. \n\nIn January, 1861, a committee composed of one member \nfrom the representation in Congress of each of the Bor- \n\xe2\x80\x9e^ ^ ^ , der States met and framed other compromise \n\nEfforts toward _ _ ^ \n\ncompromise resolutions which Crittenden, a member of the \n\ncommittee, accepted as substitutes for his own. \n\nBut these proposed amendments met the same fate as their \n\npredecessors. In the meanwhile, at home, the Union men \n\n\n\nKENTUCKY\'S POSITION OF NEUTRALITY 163 \n\nupheld the hands of their senator. Conventions passed \nresolutions in favor of his efforts to avert the approaching \ncatastrophe. Earnest speakers addressed the citizens in \ndifferent parts of the State and implored them to be mod- \nerate in their actions. \'\'Secession," they said, ** means \nrevolution, and revolution means war. And war with \nwhom.? With our neighbors, our friends, our brothers!" \nIn glowing language they urged the citizens nobly to face \nthe wrongs which the South had suffered from the North, \nnot failing to recognize, at the same time, the honor and \nthe blessing of living in a great united country ; and to \nstand firm in the position they had taken for the Union. \n\nOn the 17th day of January, 1861, the legislature met \nin called session. Governor Magoffin, in his message, set \nforth the condition of the country as it ap- ^he governor\'s \npeared to him at the time, and strongly recom- niessage \nmended the calling, forthwith, of a State convention to \ndetermine the future attitude of Kentucky toward the \nFederal government. The governor also recommended \nthe arming of the State ; the appointment of commission- \ners to act for Kentucky in a convention of Border Slave \nStates to meet in the city of Baltimore at an early day ; \nand the presentation of the Crittenden compromise, or its \nequivalent, as an ultimatum. \n\nMany members of the Democratic party advocated call- \ning a State convention. Notable among these was Vice \nPresident Breckinridge, who definitely ex- Democratic \npressed his views on the subject in a letter to \'^^^^^ \nthe governor received a few days before the legislature \nconvened. After giving a summary of the Crittenden \ncompromise propositions, and mentioning other efforts \nwhich had been made to settle the political differences then \ndividing the country, he stated his firm conviction that no \n\n\n\n1 64 THE CIVIL WAR \n\nplan of adjustment would be adopted by Congress. He \ntherefore gave his voice for a State convention. In his \nopinion, civil war was imminent unless it could be arrested \nby the prompt and energetic action of the several States in \ntheir sovereign capacity. He believed that it might be \narrested if Kentucky and the other Border States should \ncalmly and firmly present a united front against it. But if \nthe war could not be avoided, he desired that Kentucky \nshould be in a position to decide whether she would sup- \nport the Federal Union or the Southern cause. \n\nOn the other hand, the Union men were distinctly \nopposed to calling a State convention. They argued that \nUnion views ou such a Convention would not better the condi- \nthe subject ^-Qj^ q\xc2\xa3 Kentucky, that the legislature had full \npower to do everything necessary for the good of the \nCommonwealth. On one point only it could not act. It \ncould not withdraw the State from the Union. It was \nonly through the action of a State convention that such a \nstep could be taken. They believed that if a convention \nwere called, Kentucky might be led to secede. They were \nassured that most of the people of the State were attached \nto the Union ; but they knew that in times of high excite- \nment men may be tempted to rash action, contrary to \ntheir sober judgment. \n\nIn the legislature, this important matter was earnestly \n\nargued by both sides ; but finally the decision was reached \n\nthat action at that time on political affairs was \n\nLegislature . \n\nagainst a State both unnecessary and mexpedient, and the \nconvention legislature refused to call a convention that \nmight take the State out of the Union. On February ii, \nthe legislature adjourned until March 20. Little was \ndone at this second session of sixteen days beyond further \ndiscussion of the state of the country. By special invita- \n\n\n\nKENTUCKY\'S POSITION OF NEUTRALITY \n\n\n\n165 \n\n\n\ntion, an address from the Union standpoint was delivered \nby John J. Crittenden, which was followed several days \nlater by another from the Democratic point of view by \nJohn C. Breckinridge. Crittenden had just left the United \nStates Senate. Breckinridge was his successor. \n\nOn the 4th of February, a Peace Conference of twenty- \none States assembled at Washington. Kentucky sent six \ndelegates, \xe2\x80\x94 William O. Butler, Joshua F. Bell, Definite turn \nJames B. Clay, James Guthrie, Charles S. \'""^^^^^ \nMorehead, and Charles A. Wickliffe ; but nothing was \naccomplished by this \nmeeting. All efforts \ntoward compromise \nwere of no avail. \nMatters were tending \nto a crisis. By this \ntime seven States \nhad seceded. On the \nsame day that the \nPeace Conference \nopened in Washing- \nton, delegates from \nsix of the seceded \nStates met at Mont- \ngomery, Alabama, to \nframe a government \nfor The Confederate \nStates of America. \nJefferson Davis was \nelected President. On the 4th of March, Abraham Lin- \ncoln was inaugurated President of the United States. \n\nOn the 1 2th of April, 1861, the first gun in the war \nbetween the States was fired on Fort Sumter, in South \n\n\n\n\nJefferson Ddvis \n\n\n\n1 66 THE CIVIL WAR \n\nCarolina. The garrison was under the command of \nMajor Robert Anderson of the United States army, a \nBeginning native of Kentucky. On the 14th, the Federal \nof the war forces were compelled to abandon the fort. \nThe President immediately made proclamation for troops. \nKentucky was called on to furnish four regiments for the \nservice of the government. Governor Magoffin promptly \ntelegraphed the following reply to this demand: "In an- \nswer, I say, emphatically, Kentucky will furnish no troops \nfor the wicked purpose of subduing her sister Southern \nStates." Troops requested for the Confederate States \nwere also refused by the governor. \n\nThe Union men now nerved themselves for a mighty \n\neffort to hold Kentucky in a position of neutrality. On \n\nthe 17th of April, Crittenden made a speech \n\nEfforts to hold \' . . \n\nKentucky to a large audience at Lexington. He brought \n\nall the weight of his great intellect to bear on \nhis appeal to the people to maintain an independent \ncourse. Kentucky, he showed, had done nothing to bring \non this war ; she had done everything in her power to \nprevent it. Now that civil strife was begun, there was no \nreason why Kentucky should be forced to take part either \nwith the North or the South. Let her stand true to the- \nUnion alone and remain in her place as a peacemaker. \n\nThe Union State Central Committee (formed January 8) \nfollowed up this line of argument in an address to the \npeople. They earnestly urged that Kentucky should \npersevere in a position of neutrality, and they recom- \nmended that she should arm herself thoroughly, so that \nshe might protect her soil from the invasion of either the \nFederal or Confederate forces. Similar Union meetings \nwere held in various localities. Everywhere, it was evi- \ndent, the desire of the people was for neutrality. \n\n\n\nKENTUCKY\'S POSITION OF NEUTRALITY 167 \n\nThus two facts are apparent to us, \xe2\x80\x94 that the people \nof Kentucky were ardently attached to the Union, and \nthat they were distinctly opposed to war. \n\n-T-1 IT T Kentucky\'s at- \n\nThey believed that the disagreement between titude toward \nthe North and the South ought to be settled ^^^^^\' \nin some peaceable way. They shuddered at the thought \nof civil war \xe2\x80\x94 war between friends and kindred. There- \nfore there was no probability, just at this time, that the \nState would decide to unite with the Federal government \nin resisting the secession of the Southern States. \n\nThe extreme Unionists \xe2\x80\x94 those who were ready for war \n\xe2\x80\x94 were in the minority. But it was possible that Ken- \ntucky might decide to support the Southern cause. The \nConservative Union men and the Democrats were agreed \nin believing that the Northern congressmen had no right \nto make laws against the slave property of the South. \nBut the Democrats believed in the doctrine of State \nRights, \xe2\x80\x94 that a State had the right to secede when it \njudged that the Federal government had acted unconsti- \ntutionally toward it. They dwelt upon the wrongs the \nSouth had suffered, and the subject appealed to the spirit \nof many of the gallant young men of the Commonwealth. \nThe Kentuckian, from the days of his earliest conflict \nwith Indians, had allowed no foe to overcome him. It \nwas his impulse now to rush forward and take his stand \nbeside his resisting brethren. It would not have been \nimpossible, perhaps, by a few impassioned speeches on \nthis line, to have turned the State into the Confederacy. \n\nIn this state of feeling the legislature was again assem- \nbled in called session, May 6. At first it ap- Legislature \npeared as if the Southern Rights element was in [oria?iJ?u-\'^\' \nthe majority. But there were in that body a traiity \nnumber of old tried Whigs, \xe2\x80\x94 Union men now, \xe2\x80\x94 who braced \n\n\n\n1 68 THE CIVIL WAR \n\nthemselves to exert every effort to keep their State from \nthe horrors of this war, and to hold her true to the Union. \nTheir strength was as the strength of many because they \nwere convinced that their purpose was righteous. More- \nover, they were upheld by the will of the people. Petitions \npoured in from the women of the State, imploring the \nlegislators to " guard them from the direful calamity of \ncivil war." Furthermore, several members who had been \nelected as Democrats before this crisis of war had come, \nnow went over to the aid of the Union men. Notably \namong these was Richard T. Jacob, later colonel of the \nFederal army, and lieutenant governor of the State. And \nso it came about that this legislature decided the fate of \nthe State, and perhaps of the nation, by voting in favor \nof mediatorial neutrality. \n\nKentucky\'s position of mediatorial neutrality was pri- \nmarily a decision for the Union. It did not mean that the \nFederal sfovernment had no rio^ht to raise \n\nMeaning of *^ _ ^ \n\nmediatorial troops for its defense on her soil. It rather \nindicated such a right, and was simply a re- \nquest to the Federal government for a postponement of \nthat constitutional right, in order that an effort might be \nmade on her part to try to win back the seceded States \nto the Union and to secure peace. ^ But if peace were im- \npossible, and the war should continue, Kentucky was deter- \nmined to stand by the Union, even to her temporary disad- \nvantage in the possible destruction of her slave property. \nWhat was gained by this position was delay. In that \nhour of impassioned action every moment of rational \ninaction was of vital importance. \n\n1 Synopsis of House Resolutions in exposition of the position of the leg- \nislature of i86i. Offered by the member from Oldham, Richard T. Jacob, \nand accepted by the legislature, September i, i86i. \n\n\n\nKENTUCKY\'S POSITION OF NEUTRALITY 169 \n\nThe Union victory was attained by only one vote in the \nHouse and a meager majority in the Senate ; but none \nthe less was it regarded by the Conservatives \n\n, . . Union victory \n\nas a trmmph which would result m immeas- \nurable good. In the list of those who accomplished it are \nfound the names of men who are known to the nation. \nThere are R. A. Buckner, Speaker of the House, C. F. \nBurnam, Lovell H. Rousseau, James Speed, Joseph R. \nUnderwood, Nathaniel Wolfe, and others too numerous to \nmention. Old men who were present in that legislature \ntell us to-day of the deep earnestness of the discussion \nthrough which that decision was reached. \n\nThroughout this study we have had occasion to notice \nthe sober dignity with which Kentucky has met every \nserious issue in her history ; and we have also observed \nthe important work she has done for the nation. Let us \nespecially recall the period of her severest trial, \xe2\x80\x94 her \ntedious struggle for independence from Virginia, \xe2\x80\x94 and \nwe shall find that she decided her course of action in \nthis present vital hour of the nation\'s life in harmony \nwith that judgment which controlled her in the former \nperiod. \n\nThe governor issued a proclamation setting forth the \nfact of Kentucky\'s neutrality, and likewise warning and \nforbidding any State, whether of the United The governor\'s \nStates or of the Confederate States, to enter or P\'-ociamation \noccupy Kentucky with armed forces. The legislature also \ndirected that the State should be armed for her own pro- \ntection. The necessary funds were immediately raised, \nand arms and ammunition were procured for the State \nGuards and the Home Guards; and it was especially pro- \nvided that neither the arms nor the militia were to be \nused against either the United States or the Confederate \n\n\n\nI/O THE CIVIL WAR \n\nStates, but solely for the defense of the State of Kentucky\' \nThe governor appointed Simon Bolivar Buckner inspector \ngeneral, Scott Brown adjutant general, and M. D. West \nquartermaster general. \n\nThe President called a special session of Congress for \nJuly 4, 1 86 1. The election thus made necessary is de- \nunionmen scribcd by onc of the Union workers of that \nelected time as follows : " And now the contest \n\nopened before the people of Kentucky, and the Union \nmen went boldly and confidently into the fray. . . . All \neyes were at once turned to Mr. Crittenden, and his ser- \nvices were demanded in that Congress. . . . The noble \nold man heard the call and did not hesitate for a moment. \n. . . Animated by intense patriotism and the stirring \nscenes around him, he moved through the district with all \nthe vigor and spirit of a young man, unbent by age, his \nmanly form erect, his voice clear and thrilling, his eye \nblazing with all the fervor which the high responsibility of \nhis position inspired. Crowds flocked to listen to him ; \nthe people everywhere responded to his appeal. . . . He \nwas elected by a large majority. Many others of the best \nmen of the State were sent to Congress.^ The most trusted \nmen were selected for the legislature, and secession was no \nlonger thought of in Kentucky. \n\n" No one doubts that had Mr. Crittenden faltered at all, \nor had he pursued any other course than that which he did \nCrittenden\'s pursuc, Kentucky would have been lost to the \ninfluence Union. His personal influence in the late legis- \n\nlature had contributed much to prevent injudicious action. \n\n^ The men selected to represent the State in this Congress were Henry C \nBurnett, James S. Jackson, Henry Grider, Aaron Harding, Charles A. Wick- \nliffe, George W. Dunlap, Robert Mallory, John J. Crittenden, William H. \nWadsworth, and John W. Menzies. \n\n\n\nKENTUCKY\'S POSITION OF NEUTRALITY \n\n\n\n71 \n\n\n\nHis eloquence and his great popularity secured the tri- \numph of the Union men in his district; and the great \nconfidence the whole State reposed in him kept the State \nin the Union. Should Kentucky at that critical moment \nhave cast her destiny with the South, who can calculate \nwhat might have been the result ? " ^ \n\n\n\nBoth Lincoln and Davis born in Ken- \ntucky. \n\nLincoln elected President of the \nUnited States, i860. \n\nHis election objectionable to the \nSouth. \n\nSouth Carolina and six other States \nsecede. \n\nCrittenden\'s compromise resolutions \nrejected by United States Senate. \n\nBorder States\' compromise resolu- \ntions also rejected. \n\nCrittenden\'s efforts for peace appre- \nciated at home. \n\nSpeakers urge the people to be mod- \nerate in action. \n\nThe legislature meets in called ses- \nsion. \n\nThe governor\'s message. \n\nHe recommends calling a State con- \nvention. \n\nDemocrats generally desire this step. \n\nViews of Vice President Breckin- \nridge on the subject. \n\nHe earnestly advocates holding such \na convention. \n\nIt would enable the State to decide \nher course toward the war. \n\nUnion party strongly oppose calling \na State convention. \n\n\n\nRECAPITULATION \n\nThey fear the State might thus be led \nto secede. \n\nLegislature decides not to hold a \nState convention. \n\nLegislature addressed on the condi- \ntion of the country. \n\nJ. J. Crittenden speaks from the \nUnion point of view. \n\nJ. C. Breckinridge speaks from the \nDemocratic point of view. \n\nPeace conference at Washington ac- \ncomplishes nothing. \n\nThe crisis approaching. \n\nThe Confederate States of America \nformed. \n\nJefferson Davis chosen President. \n\nLincoln inaugurated President of the \nUnited States. \n\nConfederates fire upon Fort Sumter, \nSouth CaroHna. \n\nMajor Robert Anderson, U.S.A., in \ncommand. \n\nFederals obliged to abandon the \nfort. \n\nPresident Lincoln makes proclama- \ntion for troops. \n\nConfederate States also request \ntroops. \n\nGovernor Magoffin declines both re- \nquests. \n\n\n\n1 W. B. Kinkead in an article on John J. Crittenden in the A^ew York Sun \n\n\n\n172 \n\n\n\nTHE CIVIL WAR \n\n\n\nUnion men strive to hold Kentucky \nneutral for a time. \n\nCrittenden recommends an indepen- \ndent course. \n\nHe shows that Kentucky had no part \nin bringing on the war. \n\nHe urges the people not to rush into \nthe contest, but to remain peace- \nmakers, true to the Union. \n\nUnion meetings held in various local- \nities. \n\nAll recommend the same course. \n\nKentucky much attached to the \nUnion. \n\nGenerally opposed to war. \n\nDoes not intend just yet to enter the \nwar on the Federal side. \n\nMore chance of her supporting the \nConfederate cause. \n\nIt appeals to the sympathy of the \nyoung men of the State. \n\nConservative Union men and Demo- \ncrats widely differ on one point. \n\n\n\nDemocrats believe that a State has \na right to secede. \n\nSecond called session of legisla- \nture. \n\nSouthern Rights element in the ma- \njority at first. \n\nConservative Union men make a \nstrong fight. \n\nSeveral Democrats come to their \naid. \n\nMediatorial neutrality carried. \n\nThis was a plea to the Federal gov- \nernment to postpone raising troops \nin the State while further efforts \nfor peace were made. \n\nAbove all it meant a decision for the \nUnion. \n\nThe State armed for her own protec- \ntion. \n\nSpecial election of Congressmen \nheld. \n\nCrittenden helps to secure the \nUnion victory. \n\n\n\nCHAPTER XVI \n\n\n\nTHE INVASION OF KENTUCKY, JULY 1861-APRIL 1862 \n\n\n\nHad the other States followed Kentucky\'s example of \nforbearance, there would have been no war. But perhaps \nwar was necessary. Perhaps it was the only Beginning of \nmeans by which the abolition of slavery could *^^ tragedy \nbe accomplished. Of course it was impossible for Ken- \ntucky to make peace, and equally im- \npossible for her to remain apart from \nthe combat. \n\nOutside the borders of the State, at \nCamp Clay opposite Newport, and \nCamp Joe Holt opposite Louisville, \nFederal regiments were being recruited, \nand thither in the summer of 1 861 \nhastened many Unionists of the State. \nMany dissatisfied Secessionists assem- \nbled at Camp Boone near Clarksville, \nTennessee, where Confederate troops \nwere being enlisted. And thus began \nthe tragedy in Kentucky ! Most of the \nother States went solidly with one side \nor the other ; but Kentucky was divided \nagainst herself ! Fathers differed from sons, and went \nforth to fight against them. Brothers parted from brothers, \n\n\n\n\nUnion Soldier \n\n\n\nfriends from friends. \n\n\n\nAh, the awful anguish of it all I \n\xc2\xbb73 \n\n\n\n174 \n\n\n\nTHE CIVIL WAR \n\n\n\nOn the soil of Kentucky itself Federal forces were \norganized at Camp Dick Robinson, in Garrard County, by \nFederal and General William Nelson. General Humphrey \nfTcefoSnized Marshall had a recruiting camp in Owen \nin Kentucky County, thirty miles from the capital, where \nConfederate forces were organized. In other parts of the \nState, Confederate troops were \nraised by Colonel Blanton Dun- \ncan. And still, the State\'s neutral \nposition was not yet officially \nabandoned. \n\nOn the 20th of May, 1861, the \ndefinite Confederate government \nwas organized at Rich- Kentucky is \nmond, Virginia. In ^"^\xc2\xb0\xc2\xb0 \nthat State, on the 21st of July, the \nfirst great battle of the war was \nfought along the banks of Bull \nRun stream, not far from Manassas \nJunction. The result was defeat \nto the Federals, and a general rout \nand flight of their forces. Hope \nwas inspired in the hearts of the Confederates ; but the \nFederals fought with renewed- energy. Each side watched \nKentucky with interest. The August elections came off, \nand the State voted overwhelmingly in favor of the \nUnionists. Seventy-six Union to twenty-four State Rights \nmembers were elected to the House ; twenty-seven to \neleven, to the Senate. The newly elected legislature as- \nsembled September 2, 1861. \n\nThe day following, by an almost simultaneous move \nupon Kentucky, the State was invaded by Confederate \nforces at two different points. Major General Leonidas \n\n\n\n\nConfederate Soldier \n\n\n\nTHE INVASION OF KENTUCKY \n\n\n\n175 \n\n\n\nPolk, of Tennessee, occupied and fortified a strong posi- \ntion at Hickman and Columbus, in the southwest, and \nGeneral Zollicoffer established troops near \nCumberland Gap, in the southeast. Where- invadeKei? \nupon, on the 5th, a Federal army of several ^"^^^ \nthousand strong, under an order from Brigadier General \nU. S. Grant, entered Kentucky and took its position at \nPaducah. The legislature promptly ordered that the flag \nof the United States be hoisted on the capitol, to proclaim \nKentucky\'s Union attitude. \n\nGeneral Polk notified Governor Magoffin that he would \nwithdraw his troops provided the Union troops were \nsimultaneously withdrawn; and offered the Legislature \nfurther guarantee that Confederate trooos orders with- \n\n... , ^ , ^ ^ drawal of Con- \n\nshould remam out of the State provided Fed- federates \neral troops should not be allowed to enter or occupy any \npoint in Kentucky in the future. Now the Union people \ndisapproved of the condition thus laid down by General \nPolk.i On the nth, the legislature passed resolutions to \nthe effect that Kentucky expected the Confederate troops \nto withdraw from her soil unconditionally. The governor, \nwho was opposed to the Union policy, and in sympathy \nwith the Confederacy, vetoed the resolution, but it was \npassed immediately over his veto. \n\nAs the Confederate forces refused to comply with this \norder, on September 18, the State, in her General Assem- \nbly, abandoned the neutrality position, and de- \nclared herself an active supporter of the Federal Stion^^ \ngovernment. Resolutions were introduced and ^^^\xc2\xb0^\xc2\xb0\xc2\xb0^^ \ncarried: (i) to request General Robert Anderson, who \nhad already been appointed commander of the Department \n\n^ See p. 168, the meaning of mediatorial neutrality. \n\n\n\n176 \n\n\n\nTHE CIVIL WAR \n\n\n\n\nof the Cumberland, which inckided Kentucky, to take \ninstant command, with authority to call out the volunteer \n\nforce of the Common- \nwealth for the purpose \nof expelling the in- \nvaders from the soil ; \n(2) to protect all \npeaceable citizens \nwhile this necessary \nduty was being per- \nformed ; (3) to request \nthe governor to give all \nthe aid in his power \nto accomplish this end, \nand to call out the \nmilitia force of the \nState under his con- \ntrol, and place it under \nthe command of Gen- \neral Thomas L. Crittenden ; (4) to invoke the patriotism \nand aid of every Kentuckian for the defense of the Com- \nmonwealth. Again the governor used his right of veto, \nand again the legislature disregarded his act. Several days \nlater, a bill was passed, \xe2\x80\x94 notwithstanding the usual veto, \n\xe2\x80\x94 directing the governor to call out not less than forty \nthousand Kentuckians to be placed under the authority \nof the commanding general, to aid in expelling the in- \nvaders. \n\nThe State Guard, who had been armed and equipped by \nthe State for her own use and protection, laid down their \nThe state arms in some instances, and in others carried \n\nGuard them with them, and went almost in a body \n\ninto the ranks of the Confederacy, whither their principles \n\n\n\nRobert Anderson \n\n\n\nTHE INVASION OF KENTUCKY \n\n\n\n177 \n\n\n\n\nor sympathy led them. On September 18, their leader, \nBrigadier General Simon B. Buckner, was ordered to invade \nKentucky and to fortify \na central camp at Bowl- \ning Green. This point \nbecame, for a time, the \nheadquarters of the Con- \nfederate Army of the \nWest, then placed under \nthe command of Gen- \neral Albert Sidney John- \nston, a Kentuckian by \nbirth. \n\nAs early as July, Gen- \neral Lloyd Tilghman, a \nresident of Paducah, had \nresigned his position in \nthe State Guard, and at \nthe head of the third \n\nKentucky regiment of infantry, had joined the Confeder- \nate army. Paducah was intensely Southern, and most \nof the young men of the city, previously members of the \nState Guard, went with Tilghman. From the force of the \nState Guard, also, went John Hunt Morgan, then captain \nof the Lexington Rifles, to become the famous Kentucky \ncavalry raider, \xe2\x80\x94 General Morgan of the Confederacy. By \nsome daring stratagem, he succeeded in evading the Fed- \neral authorities, and leading most of his company, all car- \nrying their arms with them, he reached Bowling Green \na few days after General Buckner had taken his station \nthere. \n\nOn the contrary, the Home Guards were nearly all sup- \nporters of the Federal government. But they were a \n\nKENT. HIST. \xe2\x80\x94 12 \n\n\n\nThomas L. Crittenden \n\n\n\n178 \n\n\n\nTHE CIVIL WAR \n\n\n\nThe Home \nGuard \n\n\n\nbody of undisciplined troops who were not always wise \nin their conduct. Arrests of innocent persons were fre- \nquently made by them, and thereby wrath was \nawakened among the Southern sympathizers \nagainst the Union policy the State had adopted. \n\nThe legislature heartily condemned all such unjustifiable \narrests, and General Anderson, who was always fair as \nwell as brave, issued a proclamation of protection to the \npeople. It was to the effect that no Kentuckian should \nbe arrested unless he took part, either by action or speech, \n\nagainst the authorities of the \ngeneral or State government, \nheld correspondence with, or \ngave aid or assistance to, the \nenemy. \n\nUnder a construction of \nthis order of the command- \ning^ general, a \xe2\x80\x9e \n\n^ ^ \' Prominent \n\nnumber of arrests confederates \n\n- - arrested \n\nwere made of \nmen who, by their position, \nwere able to give efficient aid \nto the Confederate cause. \nJames B. Clay was arrested \nfor this reason, as were also \nReuben T. Durrett, editor of the Louisville Courier, and \nex-Governor Charles S. Morehead, who were sent to politi- \ncal prisons in the East. The judge of Harrison County \nand other officers of that court were arrested and sent to \nthe United States barracks at Newport. Every effort \nwas put forth to constrain the citizens to submit to the \nUnion pojicy which the State had adopted. \n\nThe State was being rapidly divested of her South- \n\n\n\n\nWilliam Preston \n\n\n\nTHE INVASION OF KENTUCKY \n\n\n\n179 \n\n\n\nern sympathizers among the soldiers. During the last \nweek of September, nearly one thousand Kentuckians \npassed into Virginia, to join the Southern confederate \nforces. John C. Breckinridge left his seat in ^\xc2\xae^^^\'\' \nthe United States Senate to become brigadier general \nin the Confederate army. Other notable leaders of \nConfederate volunteers were Roger W. Hanson, Ben \nHardin Helm, George W. Johnson, Humphrey Mar- \nshall, William Preston, and \nJohn S. Williams. \n\nMeanwhile the State was \ngathering loyal soldiers for \nthe Federal service. It is \ndifficult to estimate the exact \nnumbers furnished to the Con- \nfederate side ; but it may be \ngenerally stated that about \nthree times as many of the \ninhabitants of the Common- \nwealth went into \nthe Federal army \nas into the Confederate. \n\nNevertheless, many mothers and aged fathers who re- \nmained at home awaited in anguish and suspense the \ntidings from the opposing armies, each of which contained \ndearly loved members of their divided families. \n\nThe departure of the Confederates left vacant a number \nof State offices. John W. Finnel, an efficient Union mem- \nber of the legislature, was appointed adjutant important \ngeneral, in the place of Scott Brown, and official changes \nWilHam A. Dudley quartermaster general, in the place of \nM. D. West, who had followed his associate into the \nSouthern army. Bland Ballard was appointed United \n\n\n\nDivided \nhouseholds \n\n\n\n\nBland Ballard \n\n\n\nt8o \n\n\n\nTHE CIVIL WAR \n\n\n\nStates district judge, that honorable position having been \nvacated by its holder, Thomas B. Monroe. John C. \nBreckinridge was deprived of his seat in the United States \nSenate, and Garrett Davis was chosen by the legislature \nto succeed him. \n\nPrevious to the 21st of October, only insignificant skir- \nmishes had taken place on Kentucky soil ; but on that day \nFirst battles in occurred quite a desperate encounter at Camp \nKentucky ^j]^ Q^^^ ^^ ^^iQ Rockcastlc hills. The Fed- \n\neral troops were commanded by Colonel T. T. Garrard; \n\nthe Confederate, by Brig- \nadier General Zollicoffer. \nThe Confederates were out- \nnumbered, and in spite of \nthe efforts of their able \ncommander, were forced to \nretreat. Shortly afterward, \nnot far away, at Ivy Moun- \ntain, in Pike County, a sim- \nilar victory was gained by \nFederal troops under Gen- \neral William Nelson. \n\nOn the 1 8th of Novem- \nber, there occurred a unique \nevent. Delegates, elected \nby the dissatisfied minority \nof the State, assembled at Russellville, in Logan County, \nconfed rate ^^^ formed what they called a provisional \ngovernment of government for Kentucky. Georo:e W. John- \nKentucky 1 ? n r \nson was chosen governor, and a lull corps 01 \n\nState officials was also elected. Bowling Green was se- \nlected as the new seat of government. Henry C. Burnett, \nsometime representative in the United States Congress, \n\n\n\n\nWilliam Nelson \n\n\n\nTHE INVASION OF KENTUCKY i8l \n\nWilliam Preston, and William E. Simms were sent as del- \negates to Richmond, Virginia, and on the loth of December, \nthe government there established went through the form \nof admitting Kentucky into the Confederate States. This \nlittle episode had small effect, however, upon the even \ntenor of Kentucky\'s real administration. Soon the princi- \npal actors in it themselves left their visionary posts, to \nenter into the serious events of Southern warfare. \n\nOn November 13, Brigadier General Don Carlos Buell \nsucceeded to the command of the department which in- \ncluded Kentucky. Early the following month, Bueii \nhe had organized at Louisville for the Union ^^ command \narmy about sixty thousand soldiers. The Confederates \nheld a long military line from Cumber- \nland Gap into Arkansas and Missouri. \nThey had strong fortifications on the \nCumberland, Tennessee, and Missis- \nsippi rivers. They had been greatly \ndiscouraged by Kentucky\'s unwavering \nefforts for the Union ; but they still \nhoped to gain possession of the State. \' \n\nOn January 19, 1862, General George ^\xc2\xb0" ^\'\'\'\'\xc2\xb0\' ^"\'" \n\nB. Crittenden, commanding a Confederate force of about \nfive thousand infantry, came upon the advancing Federal \narmy, commanded by Maior General Georo^e \n\n\xe2\x80\xa2\' -^ ^ ^ Significant \n\nH. Thomas, under whom were Colonels Speed Federal victory \nSmith Fry and Frank L. Wolford, at Mill ^^^\'^^^^^^^ \nSprings, in Pulaski County. The Confederate attack was \nled by General Zollicoffer, who was killed after a few \nhours\' hard fighting. The Federal force, which at the out- \nset was somewhat less than that of the enemy, was about \nthis time reenforced. The Confederates were thrown into \nconfusion and driven to retreat into Tennessee. This was \n\n\n\n\n1 82 \n\n\n\nTHE CIVIL WAR \n\n\n\nthe first of the important victories which led to the evacua- \ntion of the State. \n\nAnother discouraging defeat to the Confederates was \n\nsoon to follow. On the 6th of February, General Lloyd \n\nTilsrhman, in command of the Confederate \n\nFall of Forts ^ \' \n\nHenry and Fort Henry, on the Tennessee River, was \n\ncompelled to surrender to General Grant. On \n\nthe 1 2th of the month, General Grant began his celebrated \n\nassault on Fort Donel- \nson, on the south- \n\'^\' \xe2\x96\xa0 west bank of the \n\nCumberland \n^ -*^\'^\'^\'\' River. The \n\nConfederate \ntroops were \ncommanded by \nGenerals John \nFloyd, Gideon J. \nPillow, and Simon B. Buck- \nner. Two Kentucky regiments \nwere engaged on each side: Colonel \nJohn H. McHenry\'s and Colonel James \nM. Shackleford\'s, on the Federal; Colonel Roger W. Han- \nson\'s and Colonel H. B. Lyon\'s, on the Confederate. The \nterrible carnage lasted nearly five days, during bitterly \ncold weather, rain, and sleet. On the night of the 15th, \nGenerals Floyd and Pillow escaped with portions of their \nbrigades. On the i6th. General Buckner proposed terms \nof capitulation, but General Grant demanded and obtained \nan unconditional surrender. \n\nOn the 14th, before the fate of Donelson was definitely \ndecided, the Confederates abandoned Bowling Green. \nOn the 27th, Columbus was also evacuated. Federal troops \n\n\n\n\nBombardment of Fort \nHenry \n\n\n\nTHE INVASION OF KENTUCKY \n\n\n\n183 \n\n\n\n\nLloyd Tilghman \n\n\n\nunder the chief command of \n\nGeneral Buell \xe2\x80\x94 114,000 men \xe2\x80\x94 \n\nwere meanwhile \n\nKentucky evac- \nuated by the pressing southward. \nConfederates ^^ ^, ^,, r -r? i, \n\nOn the 25th of Feb- \nruary, they took possession of \nNashville, Tennessee. \n\nThe retreating Confederates \npassed through Nashville be- \nfore the advance of the Fed- \nerals. General Albert Sidney \nJohnston reorganized his army \nat Murfreesboro, and having \nbeen reenforced \nBattle ofShiioh ^y Q^n^,^i Beaure- \n\ngard, again moved southward \n\nto Corinth, Mississippi. General Grant pushed his forces \nin a parallel direction and established his camp at \nPittsburg Landing, near Shiloh Church, on the Tennes- \nsee River. The engagement \nwhich occurred there on the \nmorning of the 6th of April, \nalthough desired by the Union \narmy, was hastened by the wis- \ndom of the Confederate com- \nmander. The battle of Shiloh \nwas one of the most terrible in \nthe war. The fighting contin- \nued for two days. At the close \nof the first day the Federals \nwere driven in disorder to the \nriver, and it seemed as though \n\nAlbert Sidney Johnston victory WCrC with the Coufcdcr- \n\n\n\n\n1 84 \n\n\n\nTHE CIVIL WAR \n\n\n\nates, although their commander, General Johnston, had \nfallen with a mortal wound. But in the night General \nGrant was reenforced by General Buell with twenty thou- \nsand men. After a rushing march of twenty-five miles, \n\n\n\n\nAttack on Fort Donelson \n\n\n\nGeneral Buell reached the field in time to turn the victory \nto the Federals. But the loss of life was very great, and \nthe Kentucky regiments suffered more than their pro- \nportion. \n\n\n\nRECAPITULATION \n\n\n\nKentucky\'s futile efforts for peace. \nIt was impossible for her to remain \n\napart from the war. \nKentucky Federals and Confederates \n\nrecruited outside the State. \nKentucky\'s tragic situation. \n\n\n\nFederals and Confederates organized \nwithin the State. \n\nThe neutrality position not yet aban- \ndoned. \n\nConfederate victory in the battle of \nBull Run. \n\n\n\nTHE INVASION OF KENTUCKY \n\n\n\n185 \n\n\n\nConservative Union party carries the \n\nState elections of 1861. \nThe newly elected legislature assem- \nbles September 2. \nConfederates invade the State on the \nJd. \n\nGeneral Polk establishes troops in \nthe southwest; General ZoUicofifer, \nin the southeast. \nLegislature orders withdrawal of the \n\nConfederates. \nGeneral Polk refuses unless Federal \n\ntroops are also withdrawn. \nLegislature demands an uncondi- \ntional withdrawal. \nNeutrality abandoned, September 18. \nKentucky declares herself actively for \n\nthe Union. \nRobert Anderson appointed comman- \nder of Kentucky department of war. \nT. L. Crittenden, commander of Ken- \ntucky militia. \nOther important resolutions passed by \n\nthe legislature. \nState Guard joins the Confederate \n\narmy. \nYoung men from Paducah follow \n\nGeneral Lloyd Tilghman. \nGeneral S. B. Buckner invades Ken- \ntucky, September 18. \nBowling Green the Confederate head- \nquarters for a time. \nThe Confederate general John Hunt \n\nMorgan. \nThe Home Guard almost entirely \n\nUnion. \nA body of undisciplined troops. \nCause trouble by making unlawful ar- \nrests. \n\n\n\nProminent Confederates arrested. \nEfforts to constrain the citizens to \n\nsubmit to the Union policy. \nMany Kentuckians join the Confed- \nerate army. \nNotable Confederate leaders. \nAbout three times as many join the \n\nFederal army. \nThe households of the State are di- \nvided. \nA number of civil offices left vacant \n\nby Confederates. \nFirst battles in Kentucky. \nFederal victories at Camp Wild Cat \n\nand Ivy Mountain. \nConfederates meet at Russellville, Lo- \ngan County. \nFrame a provisional government for \n\nKentucky. \nGeorge W. Johnson chosen their gov- \nernor. \nDon Carlos Buell commander of \n\nKentucky Department. \nSixty thousand Federal troops organ- \nized at Louisville. \nBattle of Mill Springs, Pulaski \n\nCounty. \nFederals gain a significant victory. \nFall of Confederate Forts Henry and \n\nDonelson. \nKentucky evacuated. \nOne hundred and fourteen thousand \nFederal troops pressing south- \nward. \nNashville taken possession of. \nAnother Federal victory in the battle \n\nof Shiloh. \nGeneral Buell\'s part in the battle. \n\n\n\nCHAPTER XVII \n\nTHE SECOND INVASION OF KENTUCKY, APRIL-DEC, 1862 \n\nThe Conservative Union people of Kentucky loved the \nUnion and the constitution above all property considera- \ntions, sacrificinsT for it kindred and ties of \n\nCongress ^ \n\nactively favors Sympathy, and life itself. Very many of them \n\nabolition , , , ,1 t j \n\nwere large slave owners, and they relied upon \nthe protection which the constitution of the United States \ngave to their slave property. Many who regretted the \nexistence of such property, as well as those who approved \nit, were agreed in maintaining that the government had no \nright to interfere with it. During all the early months of \nthat time of trial they clung \xe2\x80\x94 with a trust that refused to \nsee the tendency of the issue \xe2\x80\x94 to the belief that the \ngovernment did not intend to invade the rights of the \nSouth; that its sole object was to suppress the rebellion, \nand then to restore the Union and the constitution. But \nall the while events were steadily pressing towards the \nabolition of slavery. In April, 1862, the first step in this \ndirection was taken by Congress abolishing slavery in the \nDistrict of Columbia. The venerable John J. Crittenden \nmade one of his last great efforts to defeat this measure, \nas did other of the statesmen of Kentucky, \xe2\x80\x94 Aaron Hard- \ning and William Henry Wadsworth, in the House of \nRepresentatives, and Garrett Davis in the Senate. \n\nAn antagonism was therefore spreading throughout \n186 \n\n\n\nTHE SECOND INVASION OF KENTUCKY \n\n\n\n187 \n\n\n\nthe State to the Federal authorities at Washington. This \nwas greatly increased by the military policy which was \nnow adopted. On June i, 1862, Kentucky \nwas placed under martial law. Brigadier fdve?sf to this \nGeneral Jeremiah Tilford Boyle was made "\'\'"\'\xe2\x96\xa0\'" \nmilitary commandant. Provost marshals were appointed \nin every county. Any one suspected of aiding or abetting \nthe Confederacy was ar- \nrested and compelled to \nsubscribe to an oath of \nallegiance to the gov- \nernment of the United \nStates before he was \ndischarged. The printed \nformula of the oath \nstated that its violation \nwas death. \n\nFor some time the lives \nand property of loyal \ncitizens had been dis- \nturbed by lawless bands \nof men called guerril- \nlas. The guerrillas were \nmostly soldiers who had \nbroken away from the \nranks of the Confederacy, \xe2\x80\x94 wild, reckless men, who had \nbeen made inhuman by some injury they or Martial law \ntheir families had suffered from Federal o\xc2\xabe\xc2\xb0sive \nsoldiers or authorities. They banded themselves together \nand dashed through the country, wreaking their vengeance \nupon the innocent victims in the Commonwealth. Now \nthe order went forth that whenever such depredations \nshould hereafter occur, the Confederate sympathizers in \n\n\n\n\nJeremiah T. Beyle \n\n\n\niS8 \n\n\n\nTHE CIVIL WAR \n\n\n\n\nthe neighborhood where the offenses were committed \nshould be held responsible and made to pay the damages. \nAlthough these raids were exceedingly harassing, the \nmeasures employed for their suppression were most \nobjectionable to the Kentuckians generally. However, \n\nGeneral Boyle endeavored to \nexecute the severe orders of \nthe secretary of war with as \nmuch leniency as possible. \nMeanwhile, an excitement \nof a very practical nature had \nbeen created in \xe2\x80\x9e \n\nMorgan, the \nthe State. Exag- confederate \n, T , cavalry raider \n\ngerated reports \nwere spreading wildly, con- \ncerning General John Hunt \nMorgan, who with his Con- \nfederate cavalry had entered \nMonroe County early in July on his first Kentucky raid. \nThis daring leader of a few hundred men did most effective \nservice to the Confederate cause. The methods he em- \nployed required quick wits and coolness of action. \n\nAt Tompkinsville he defeated two hundred and fifty \nFederal cavalry, and then moved northward, following the \nline of the Louisville and Nashville railroad, through Glas- \ngow, to Bear Wallow. There an expert operator on his \nstaff tapped the telegraph wire and, on the ground that all \nthings are fair in war, sent false dispatches concerning \nMorgan\'s numbers and movements, and also received in- \nformation in regard to the Federal plans. The telegraph \nwas frequently employed in this manner, and the Federal \nofficers were much mystified and alarmed. \n\nAlong the line of Morgan\'s march, railroads were de- \n\n\n\nJohn Hunt Morgan \n\n\n\nTHE SECOND INVASION OF KENTUCKY 189 \n\nstroyed, supply trains were captured, and horses were \nseized for the use of the Confederacy. At Cynthiana, \nquite a severe contest occurred. A Federal force of nearly \nfive hundred, under Colonel John J. Landrum, was captured, \nafter a resistance of nearly two hours. Being pursued by \nGeneral Green Clay Smith and Colonel Frank L. Wolford, \nwith a Federal force somewhat superior in numbers to his \nown, Morgan hastened southward, capturing several towns \non his way, and destroying government stores. He trav- \neled over one thousand miles in twenty-four days, fought \nrepeatedly, and lost only about ninety of his men. \n\nIt is noteworthy that in this time of intense excitement \na change in the highest civil office of the Commonwealth \nwas made in an altogether dispassionate and \nrather unique manner. The governor, a fn \xc2\xabiTsta?e^^ \nSouthern sympathizer, had been out of accord ^^"^^^^st^^tion \nwith the rest of the administration. He indicated his \ndesire to resign, provided his successor should be agreeable \nto him. The lieutenant governor, Linn Boyd, having died, \nthe president of the Senate, John F. Fisk (to whom the \ngovernor was inimical) would have become governor upon \nthe vacation of the office. That gentleman, perceiving the \nsituation, consented to resign his position. James F. Rob- \ninson, a harmonizing member of the Union element, was \nelected speaker. Governor Magoffin resigned, and Speaker \nRobinson became acting governor. Whereupon, the Hon- \norable John F. Fisk was reelected to his formcF office. \n\nMorgan\'s bold ride through the State was but a prepara- \ntion for the military disturbance which was now anticipated. \nSince the battle of Shiloh there had been \norganizing at Chattanooga a force of more than KirtT smith\'s \nforty thousand Confederates, under the chief \'\'\'\'\'^^\'\xc2\xb0\'\' \ncommand of General Braxton Bragg, for the invasion of \n\n\n\n190 THE CIVIL WAR \n\nKentucky, and especially for the capture of Louisville and \nCincinnati. General Buell, the department commander, \ndid not anticipate this move. He held his troops between \nMurfreesboro and Nashville, expecting an attack in central \nTennessee. During the last week in August, General E. \nKirby Smith, with about one third of this Confederate \narmy, entered Kentucky at Big Creek Gap and moved on \ntowards Richmond, where the only organized force of the \nState was stationed, \xe2\x80\x94 two brigades of seven or eight thou- \nsand, mainly undisciplined troops from Ohio and Indiana, \nunder the command of General William Nelson. \n\nSkirmishing began on the 29th between the advance of \nboth armies. General Nelson was absent from head- \nBattie of Rich- quarters. General Manson of Indiana (the \nmond officer next in command), believing he should \n\nencounter only one of the raiding parties then numerous \nin the State, pushed on the next morning with his one \nbrigade and gave attack to the whole of General Smith\'s \narmy. The Federals held their own for several hours, but \nwere finally overcome and driven back in wild confusion \ntowards Richmond. \n\nAfter ^ furious ride, General Nelson reached the scene \nof disorder. Raging and desperate, he vainly tried to \nrally his forces. One of his own officers called to his \nmen to scatter and run, and the infuriated Nelson drew \nhis sword and cut him to the ground. But he had arrived \ntoo late. The victorious Confederates moved on to Lex- \nington, where several days later they were joined by \nMorgan\'s Confederate cavalry. \n\nOn Sunday night the legislature met and adjourned to \nLouisville (according to a provision which had been \npassed for such an emergency), carrying the archives \nof the State thither for protection. \n\n\n\nTHE SECOND INVASION OF KENTUCKY \n\n\n\n191 \n\n\n\nWhile Kirby Smith impatiently awaited the orders of \nGeneral Bragg, that officer, with the main army, was \nmakins: his slow march into Kentucky. Bv \n\n. . \xe2\x80\xa2\' \xe2\x96\xa0\' Bragg and \n\nway of misleading Buell, Bragg first moved Bueirs contest \nwestward to Nashville, and when he reached ^^ ^\xc2\xb0 "^ ^ \nGlasgow, in Barren County, he had lost at least ten days. \nSixteen more days were consumed in a march to Lexing- \nton. Meanwhile Buell had \noutreached him, and with \nan army now numbering \none hundred thousand \nmen, had entered Louis- \nville on September 25. \nThe conditions of the two \n-armies were reversed. The \nFederals had a most de- \ncided advantage. Western \ntroops had hastened to the \ndefense of Cincinnati. The \nFederal General Lew Wal- \nlace was in command. All \nchance of the Confederates \ncapturing that city and Louisville was lost. \n\nOn October i, Buell moved out of Louisville to give \nattack to the Confederates. A detachment was sent \ntoward Frankfort, while the main army followed a south- \neastward course. Instead of vigorously grasping the situ- \nation, Bragg tarried at the capital, where the Confederates \nwent through the vain ceremony of inaugurating Richard \nHawes provisional governor of Kentucky, in the place of \nGeorge W. Johnson, who had fallen at Shiloh. The act \nwas hardly completed when the advance guard of Buell\'s \narmy reached the town. Governor Hawes hastened to \n\n\n\n\nBraxlon Bragg \n\n\n\n192 THE CIVIL WAR \n\nLexington, and the provisional government of Kentucky \nvanished, never to reappear. \n\nThe two armies came together near Perryville, in Boyle \nCounty, on October 8. There was fought one of the \nBattle of severest contests of the war : a battle terrible \n\nPerryville -^^ j^^^ ^\xc2\xa3 valuable livcs on both sides, and \n\nyet undecisive in result. Of the twenty-five thousand \nFederals and fifteen thousand Confederates engaged in it, \nat least seven thousand fell in the few hours the fighting \ncontinued between noon and twilight. The immediate \ncommander of the Federal force was Major General \nAlexander McCook ; of the Confederate, Major General \nWilliam J. Hardee. Nearly half of the Confederate army \nwas at Frankfort, while the Federals had heavy reenforce- \nments (Major General Thomas L. Crittenden\'s corps) \nwithin summoning distance. The battle was brought on \nthrough a misunderstanding on the part of the Confed- \nerates, who believed they were attacking only a detach- \nment of the Federal force. General Buell, who expected \nan engagement the next day, was some distance away and \nwas not informed of what was taking place before the \nbattle was half over. And then, through a misunderstand- \ning on his part of the true situation, \xe2\x80\x94 supposing Bragg\'s \nentire army was engaged, \xe2\x80\x94 he determined not to press \nthe action further until the morning. \n\nBut on the morrow Bragg had withdrawn his forces and \nbegun his retreat from Kentucky. At Harrodsburg he \nFailure of was joined by General Smith\'s corps. With \n\nto secure^^^^ wisc caution, Buell refrained from bringing on \nKentucky ^^ engagement with the Confederates. Only \n\nskirmishes took place. No other definite battle occurred; \nand Bragg escaped from the State, having made a failure \nof his whole campaign. After this, fighting on a large \n\n\n\nTHE SECOND INVASION OF KENTUCKY \n\n\n\n193 \n\n\n\nscale was practically ended in Kentucky. Again and \nagain Morgan\'s \'\'wild riders" spread terror throughout \nthe State, and repeated skirmishes occurred in various \nlocalities ; but no other Confederate effort was made to \nsecure Kentuckv. \n\n\n\n\nMorgans Wild Riders \n\nThe soldiers of Kentucky were now to be engaged in \nmany of the great battles of the South. They took part \nat^ Murfreesboro, Chickamauga, Missionary The soldiers of \nRidge, Lookout Mountain, Kenesaw Mountain, Kentucky \nVicksburg, etc. ; and everywhere, on both sides, they \nwere conspicuous for their courage and power of endur- \nance.^ They were all volunteers, and belonged to the best \nfamilies of the Commonwealth, \xe2\x80\x94 strong, tall men, un- \n\nKENT. HIST. \xe2\x80\x94 13 \n\n\n\n194 \n\n\n\nTHE CIVIL WAR \n\n\n\nequaled in size by any other troops of the United States, \nwith the exception of those of Tennessee. \n\nThe Confederate army continued to receive recruits \nfrom Kentucky until the end of the war. Though it is \nimpossible to state precisely the number given to that \nservice, it has been fairly estimated as over forty thousand. \nIt is possible to be more exact in regard to the Federal \nnumbers. According to the estimates of the adjutant \ngenerals, before the close of the war the State had given \nto the Federal service upwards of one hundred thousand \nwhite men, \xe2\x80\x94 nearly one tenth of the entire population. \nBesides this, eleven thousand negroes were enlisted for \nthe United States army. \n\nRECAPITULATION \n\n\n\nLove of Kentucky Conservatives for \nthe Union. \n\nTheir trust that the constitution \nwould be restored after the war. \n\nBelief that the government did not \nintend to destroy the institutions of \nthe South. \n\nThe first step in the revolution taken. \n\nSlavery abolished in the District of \nColumbia by Congress. \n\nKentucky statesmen vainly try to de- \nfeat the measure. \n\nThe State excited against the Federal \ngovernment. \n\nMartial law enforced, June, 1862. \n\nGeneral J. T. Boyle military comman- \ndant. \n\nProvost marshals appointed in every \ncounty. \n\nTerrible raids of outlaws called guer- \nrillas. \n\nSevere measures enforced to suppress \nguerrillas. \n\n\n\nMorgan\'s first Kentucky raid. \n\nHis quick wits and bold methods. \n\nHis victory in the battle of Cynthi- \nana. \n\nHis effective service to the Confed- \neracy. \n\nThe State administration mainly \nConservative Union. \n\nGovernor Magoffin, a Southern \nRights man, resigns. \n\nHis successor chosen in a unique \n\xe2\x80\xa2 manner. \n\nJames F. Robinson, Conservative, \nbecomes governor. \n\nOver 40,000 Confederates organized \nat Chattanooga. \n\nGeneral Braxton Bragg in chief com- \nmand. \n\nThe invasion of Kentucky proposed. \n\nThe State invaded by E. Kirby \nSmith with one third of this army. \n\nThe only organized force of the \nState at Richmond. \n\n\n\nTHE SECOND INVASION OF KENTUCKY \n\n\n\n195 \n\n\n\nGeneral William Nelson, Federal, in \ncommand. \n\nConfederate victory in the battle of \nRichmond. \n\nThey triumphantly enter Lexington. \n\nAre joined by Morgan\'s Confederate \ncavalry. \n\nThe legislature adjourns to Louis- \nville. \n\nBragg\'s dilatory march to Kentucky. \n\nBuell reaches the State first. \n\nLakes possession of Louisville. \n\nFederals also in possession of Cin- \ncinnati. \n\nBuell has the advantage of Bragg. \n\nBragg\'s army inaugurates a governor \nat Frankfort. \n\nThe two armies meet at Perryville. \n\n\n\nA terrible engagement. \n\nAn indecisive result. \n\nFighting ends at twilight. \n\nBuell proposes to continue the action \n\non the morrow. \nBragg withdraws his forces the next \n\nday. \nBuell refrains from bringing on an- \nother encounter. \nBragg, joined by General Smith, es- \ncapes from the State. \nWar practically at an end in Ken- \ntucky. \nKentucky soldiers in the great battles \n\nof the South. \nTheir courage and conspicuous size. \nNumbers furnished by the State to \neach side. \n\n\n\nCHAPTER XVIII \n\nCIVIL CONFLICTS, 1863-1865 \n\nThe opposition in Kentucky to the Lincoln administra. \n\ntion rose to a high tide when on January i, 1863, the \n\nPresident issued his Emancipation Proclama- \n\nKentucky . ,., . , , . , ,. \n\nopposed to Lin tion, hbcrating the slaves in the seceding \nCO n s po icy 3ta^|-gs Kentucky, being loyal, was not im- \nmediately concerned; but the proclamation was deemed \na violation of the constitution of the United States. \n\nPresident Lincoln had been elected under a policy which \ndeclared that all the people in the seceded States had to \ndo was to lay down their arms and return to their allegiance \nto the Union, and that then they would be protected in \nall their rights by the constitution. As the war progressed, \nit seemed necessary to the President to depart from this \npolicy. But the people of Kentucky, at that exciting time, \ncould not perceive as we do to-day the destiny which urged \nLincoln on to mighty deeds. \n\nThe Radical or Unconditional Union element in the \nState alone upheld the administration ; but the controlling \nOpposition power was still the Conservative Union, or \nincreased Union Democratic party, as it was now called. \n\nTheir ticket was victorious at the August election. Thomas \nElliot Bramlette and Richard T. Jacob, both Federal \n-officers, were chosen respectively governor and lieutenant \ngovernor. Although there was hardly a possibility of the \nUnion ticket being defeated, the most arbitrary means \n\n196 \n\n\n\nCIVIL CONFLICTS \n\n\n\n197 \n\n\n\nwere enforced to secure its success. The military officers \nof the State were controlled by orders from the War De- \npartment in Washington. Prior to the election, martial \nlaw was declared. The polls were guarded by soldiers, and \nno disloyal person was allowed to vote. The Kentuckians \nvery generally resented this interference of the military \nrulers with their civil government. \n\nIn the autumn of 1863, President Lincoln called for \nthree hundred thousand more men to prosecute the war. \nKentucky\'s quota was twelve thousand seven uggro soldiers \nhundred and one. Early in January, 1864, enrolled \nthe Federal government began recruiting in the State \nnegro regiments for the United States army. Now the \npeople of Kentucky had \never been true to the \nUnion. No call for \nmen and money had \nbeen made upon them \nthat was not promptly \nmet. They were gal- \nlant soldiers, proud of \ntheir military record. \nThe negroes were their \nslaves. To arm these \nslaves and place them \nby their side in battle \nseemed to them at \nthat time a degrada- \ntion to themselves and \nto that high calling \n\nfor which they had volunteered their lives. What we \nname race prejudice to-day was, at that time, an almost \nunconquerable feeling. \n\n\n\n\nDrilling Negro Recruits \n\n\n\n198 THE CIVIL WAR \n\nOpposition to this measure and to the men who con- \ntrolled the Federal government burst forth in denunciatory \nIndignation of Speeches within the State and in Congress. \nKentucky ^|. Lexington, the daring Federal cavalry \n\nraider, Colonel Frank L. Wolford, with his picturesque, \nuntutored eloquence, roused the people to revolt from the \nidea of " keeping step to the music of the Union alongside \nof negro soldiers"; and for his defiance was arrested \nand imprisoned. Lieutenant Governor Jacob also de- \nnounced the methods of the administration, and likewise \nsuffered arrest. In Congress, Aaron Harding spoke ably \non the same subject, and William Henry Wadsworth made \na speech which increased Kentucky\'s claim to orators. \n\nEarly in January, 1864, General Boyle resigned the \nposition of military commandant of Kentucky. He had \nMilitary Striven to fulfill his trying duties as a Christian \n\noppression gentleman; and his resignation was a misfor- \ntune to the Kentuckians. For the next two years the people \nwere harassed by a series of military rulers who were re- \ngarded at the time as nothing less than tyrannical. In \nFebruary, Major General Steven G. Burbridge was ap- \npointed commander of the department of Kentucky. He \nbelonged to the extreme Radical wing of the Union party \nin his State, and he met the situation in Kentucky in what \nseemed a harsh and unrelenting manner. \n\nThe terrible guerrilla raids, alike condemned by honor- \nable Confederates and Federals, became exasperatingly \nNotorious frequent during the last years of the war. \n\nguerrillas Scarcely a county in the State escaped their \n\ndepredations, and their leaders usually succeeded in evad- \ning the officers of the law. It was only after long months, \nwhen unnumbered crimes had been committed, that three \nof the most notorious leaders were captured ; and then by \n\n\n\nCIVIL CONFLICTS 1 99 \n\naccident. Captain, Billy Magruder, of a powerful gang, \nhad been dangerously wounded. Two of his comrades, \nHenry Metcalf and "Sue Munday," \xe2\x80\x94 showing that spark \nof goodness which exists in all human beings, \xe2\x80\x94 had tarried \nby to nurse him. They were captured, and Munday, the \nmost conspicuous of the three, was taken to Louisville and \nhung, although to the last he maintained his innocence of \nthe crimes with which he was charged. \n\nMeanwhile terror filled the hearts of the aged, and the \nwomen and children ; for none were exempt from the \nguerrilla cruelties. The civil authorities of the civii and miu- \nCommonwealth made an earnest effort to sup- ^^y conflicts \npress this evil, but they did not have the power which \nbelonged to their offices. From now until the establish- \nment of peace they were disturbed and enfeebled by un- \navoidable conflicts with the military rulers which the \nsecretary of war placed over the State. \n\nThe new commanding officer, General Burbridge, as- \nsumed control of the State. The measures which he \nadopted to suppress the guerrillas were thought very gen- \nerally to be as brutal as the acts of those outlaws them- \nselves. He issued an order to the effect that whenever a \ncitizen was killed by guerrillas, four military prisoners \nshould be taken to the spot where the murder was com- \nmitted, and hung in retaliation. These prisoners were \nsupposed to be guerrillas, yet as has been stated, guerrillas \nwere seldom captured. The victims were usually simply \nConfederate prisoners of war. Strong opposition to such \nmeasures was expressed throughout the State, but to no \neffect. In the western district, where Brigadier General \nE. A. Paine was in command, the military acts grew so \noppressive \xe2\x80\x94 extending even to bold murder and robbery \n\xe2\x80\x94 that many peaceable citizens were obliged to abandon \n\n\n\n200 \n\n\n\nTHE CIVIL WAR \n\n\n\ntheir homes to escape a horrible fate. In several cases, \neven loyal men who had fought for the Union, were \narrested by order of General Burbridge and sent outside \nof Kentucky, because they had expressed their opposition \nto the men in control of national affairs. But these were \nnot all the grievances which the people of that day had to \ndeplore. The Federal officers further encroached upon \n\nthe civil powers by attempt- \ning to control the elections of \nthe State. \n\nIn August, 1864, the elec- \ntion for judge of the court of \nappeals in the \xe2\x80\x9e. , \n\n^^ ^ ^ Victory of Con- \n\nsecond district servatlve union \n\nwas to take place, ^ ^ ^ \nas well as for some minor \ncounty and precinct officers. \nJudge Alvin Duvall, a South- \nern Rights man, was the \nDemocratic candidate for re- \nelection. The division in the \nUnion party of the State, \nwhich has already been noted, \nwas steadily becoming more pronounced. Mortimer M. \nBenton, an eminent lawyer of Covington, was the nominee \nof the Radical wing of that party. \n\nSeveral days before the election. General Burbridge \nordered that the name of Alvin Duvall should not \nbe allowed to appear on the poll books as a candidate. \nThis interference of the military authorities with the civil \ngovernment was not only insufferable, but altogether un- \nnecessary. Kentucky was still a zealous Union State. \nThere was no chance just yet of any Southern Rights \n\n\n\n\nGeorge Robertson \n\n\n\nCIVIL CONFLICTS \n\n\n\n201 \n\n\n\ncandidate being elected. The coast now seemed cleared \nfor the election of the Radical candidate, Benton ; but the \nConservative Union men, in righteous resentment of Gen- \neral Burbridge\'s order, on the very morning of the election, \ntelegraphed over the district the name of a new candidate, \nGeorge Robertson, formerly chief justice, and he was \nelected. \n\nGeorge Robertson, who was one of the most competent \njudges in Kentucky, had always been on the Conserva^ \nGeorge tivc sidc in \n\nRobertson politics. He \n\nhad taken part in the in- \nteresting conflict between \nthe Old Court and New \nCourt parties, upholding \nthe former faction. He \nhad been a stanch Whig, \nand now he was a Con- \nservative supporter of the \nUnion. He stood promi- \nnent in the midst of such \nable lawyers as Madison \nC. Johnson, George Black- \nburn Kinkead, Thomas A. \nMarshall, and Aaron K. \n\nWoolly, of the Lexington bar, and Samuel Smith Nicholas, \nJames Guthrie, and James Speed, of the Louisville bar. \n\nThe political state of Kentucky was most interesting \nat this time. The year 1864 was the year of the presiden- \ntial election. Kentucky held three conven- Action of the \ntions to select delegates to the national con- three parties \nventions. The Unconditional Union, or Radical conven- \ntion, was presided over by Robert J. Breckinridge, a \n\n\n\n\nGeorge B. McClellan \n\n\n\n202 \n\n\n\nTHE CIVIL WAR \n\n\n\nPresbyterian divine and political speaker, \xe2\x80\x94 a strong con- \ntrolling spirit in his party. This convention indorsed the \nadministration and voted for President Lincoln\'s reelection. \nThe Conservative Union, or Union Democratic, convention, \nof which James Guthrie was the leading spirit, boldly an- \nnounced its opposition to Lincoln and declared for General \nGeorge B. McClellan. The Democratic, or Southern \nRights, convention was harmonious with the Conserva- \ntive, and in favor of McClellan. \n\nPresident Lincoln received the nomination on the basis \n\nof reestablishment \n\nlljll (^f the Union with- \n\n\'\'"\'\xe2\x96\xa0\'^ t!^!! ^^^\'^ slavery; Gen- \n"\'\'\xe2\x96\xa0\' \'\' \xe2\x96\xa0\'^\'^\'^ eral McClellan, of \nreestablishment with \nsleLvery. Lincoln \nw as elected No- \n\\ ember, End of the \nicS64, by *\'^s^^y \nan overwhelming \nmajority ; but Ken- \ntucky gave a ma- \njority of over thirty- \nsix thousand to \nMcClellan. Peace \nwas at hand. The \nState was becoming \nrelieved of her mil- \nitary oppressors. \nToward the end of the year, Paine was deprived of his \noffice in the western district, and the following February \nGeneral Burbridge was replaced by General Palmer, to the \ngreat satisfaction of the Kentuckians. \n\n\n\n\nUlysses S. Craat \n\n\n\naVIL CONFLICTS \n\n\n\n203 \n\n\n\nOn April 9, 1865, the Confederate General Robert E. \nLee surrendered the Army of Northern Virginia to General \nU. S. Grant, at Appo- \nmattox Courthouse, Vir- \nginia. \n\nFive days later, Abra- \nham Lincoln was assassi- \nnated at Ford\'s theater, \nin Washington. But he \nhad finished his work. \nThe cause for which he \nlost his life was estab- \nlished. In December, \n1865, the Thirteenth \nAmendment to the \nFederal constitution \xe2\x80\x94 \nwhich declared that nei- \nther slavery nor involun- \ntary servitude should \nany longer exist in the United States \xe2\x80\x94 was ratified by \nthree fourths of the States and became a part of the con- \nstitution. Kentucky opposed the amendment. \n\n\n\n\nRobert E. Lee \n\n\n\nRECAPITULATION \n\n\n\nLincoln departs from the policy he \nwas elected under. \n\nIssues the Emancipation Proclama- \ntion, January i, 1863. \n\nRadical Union party of Kentucky ap- \nproves his course. \n\nConservative Union party denounces \nit. \n\nConservative Union party the con- \ntrolling pov/er. \n\n\n\nColonels T. E. Bramlette and R. T. \nJacob, Conservatives, elected gov- \nernor and lieutenant governor, Au- \ngust, 1863. \n\nMartial law enforced during the elec- \ntion. \n\nNegro soldiers first recruited in the \nState, January, 1864. \n\nJacob and Wolford denounce the ad- \nministration on this account. \n\n\n\n204 \n\n\n\nTHE CIVIL WAR \n\n\n\nThey are arrested and banished. \n\nGeneral Boyle resigns his office. \n\nS. G. Burbridge, a Radical Union \nman, appointed commander of \nKentucky military department. \n\nThe beginning of harassing situa- \ntions. \n\nThe State\'s civil rulers are Conserva- \ntive. \n\nThe military rulers are Radical. \n\nThey are in conflict until peace is es- \ntablished. \n\nMunday, Magruder, and Metcalf, no- \ntorious guerrillas. \n\nMany crimes committed by them and \nother guerrillas. \n\nConfederate prisoners of war hung \nin retaliation. \n\nGeneral E. A. Paine\'s course in the \nwestern district. \n\nThe military attempt to control elec- \ntions. \n\nJudge Alvin Duvall, a Southern \nRights man, candidate for reelec- \ntion to court of appeals. \n\nMilitary forbid his name to appear \non the poll books. \n\n\n\nEfforts of the military to elect the \nRadical candidate. \n\nDefeated by the prompt action of \nthe Conservatives. \n\nGeorge Robertson, Conservative, \nelected. \n\nConservative Union, Radical Union, \nand Democratic conventions held. \n\nThe Radical Union convention for \nLincoln. \n\nConservatives and Democrats support \nMcClellan for President. \n\nPresident Lincoln reelected. \n\nKentucky\'s large vote for McClellan. \n\nGeneral Burbridge replaced by Gen- \neral Palmer. \n\nKentucky rejoices over Palmer\'s ap- \npointment. \n\nPaine removed in the western dis- \ntrict. \n\nPeace at hand. \n\nLee surrenders at Appomattox Court- \nhouse. \n\nAbraham Lincoln assassinated. \n\nThe Thirteenth Amendment passed. \n\nSlavery abolished in the United \nStates, December, 1865. \n\n\n\nV \xe2\x80\x94 THE NEW KENTUCKY, SINCE i86? \n\n\n\nCHAPTER XIX \n\nTHE RESTORATION OF PEACE, 1 865-1 875 \n\nOn December 18, 1865, the Conservative majority in the \nlegislature passed resolutions of general pardon to all \ncitizens who had fought for the Confederacy. Return of the \nAs the Confederate soldiers returned to their confederates \nold places, the Conservative men, who still had control of \nthe State, stretched forth their hands in welcome, with a \npromise to forget the differences which had separated \nthem in past issues, in the hope that the good men of all \nparties would unite with them for the restoration of peace. \n\nBut in this they were disappointed. The Confederate \nsoldiers had just suffered defeat. They believed that the \nsupport which the Conservative men caused \xe2\x80\x9e \n\n^ ^ _ _ Powerful \n\nthe State to give to the Union was an impor- Democratic \ntant factor in that defeat. Therefore, they had ^^^^^^^^ ^\xc2\xb0\xc2\xb0 \nlittle desire for party harmony with those men. Also, the \npeople in general, who had stayed at home and taken no \nactive part in the war, had suffered so much from the mil- \nitary rulers which the Republican party had placed over \nthe State, that they felt a temporary hostility towards \nUnion principles. Even a portion of the old Conservative \nelement went over into the more extreme position of the \n\n205 \n\n\n\n2o6 \n\n\n\nTHE NEW KENTUCKY \n\n\n\nDemocrats. Thus, when the Democratic State convention \nmet at Frankfort, February 22, 1867, to select nominees \nfor the pending August elections, it showed a large and \npowerful body. At the other extreme stood the Radical, \nor Republican, party, which had steadily, though slowly, \nincreased in the State, and at this time received also a \n\nportion of the Con- \nservative force. This \nparty put forth a \nticket headed by S. \nM. Barnes and R. T. \nBaker. \n\nThe men who vStill \nadhered to the Con- \nservative ^ ^ \xe2\x80\x9e ^^u \nDownfall of the \n\ndoctrine conservative \nparty \n\no r gan- \n\nized in Louisville in \nthe spring of 1867 \nand nominated W. B. \nKinkead for gover- \nnor, Harrison Taylor \nWilliam B. Kinkead for lieutenant gover- \n\nnor, John M. Harlan \nfor attorney-general, J. S. Hurt for auditor, Alfred Allen \nfor treasurer, J. J. Craddock for register, and B. M. \nHarney for superintendent of public instruction. They \nhad no hope of carrying the election. Their purpose in \npresenting a ticket was the opportunity thereby gained of \nmaking known their principles. Their work was finished. \nThey soon dissolved as an organization and passed mainly \ninto the Democratic party. A few, however, went with \nthe Republicans. Distinguished among these were C. F. \n\n\n\n\nTHE RESTORATION OF PEACE \n\n\n\n207 \n\n\n\nBurnam, John M. Harlan, James Speed, and William \nHenry Wadsworth, who received high national ap- \npointments. \n\nThe Democratic ticket was composed of John L. Helm \nfor governor, John W. Stevenson for lieutenant governor, \nJohn Rodman for attorney-general, D. Howard Democratic \nSmith for auditor, J. W. Tate for treasurer, J. triumph \nA. Dawson for register, and Z. F. Smith for superintend- \nent of public instruction. The \nDemocratic candidates were \nelected by an enormous ma- \njority, and the politics of the \nState was settled for many \nyears to come. Until the \npresent day this party has \nhad almost undisputed power. \nOnly Democrats of Southern \nsympathies were elected to \nCongress, with one exception. \nMajor George M. Adams, \na Federal soldier, who had \nnow joined the Democratic \nparty, received the election \nin the 8th district ; and for \nsome time he alone was al- \nlowed to take his seat in Congress. \n\nOn September 3, 1867, John L. Helm received the oath \nof inauguration as governor, while lying dangerously ill at \nhis home in Elizabethtown. Five days later johnw. \nhe died, and John W. Stevenson, the Heutenant Stevenson \ngovernor, became acting governor until the following \nAugust, when he was elected governor. Governor Steven- \nson was a man eminently fitted for the position to which \n\n\n\n\nWilliam H. Wadsworth \n\n\n\n2o8 \n\n\n\nTHE NEW KENTUCKY \n\n\n\n\n\n\nhe was called. He was a lawyer, and at the Covington \nbar had gained the reputation of exceptional ability. By \nthis time Kentucky was in a state of financial prosperity \n\nand comparative peace, \n\' though law and order \n\nwere not yet firmly es- \ntablished. \n\nOne of the causes of \nthe disturbance of the \npeace was the establish- \nment in the State, in the \nyear 1865, of agencies \n^^ i^f \' ^^ ^^^ Freedmen\'s \n\n^\'^^Blh^ -\xe2\x80\xa2"^4ii1 \' Bureau. In preedmen\'s \n\njBHE^Hp \'i^\' March, 1865, ^\'\'\'\'^\'\' \n\n^^^^mk ^F 1 ^: \xe2\x96\xa0 Congress had passed an \n\n" * act setting free the \n\n. wives and children of \n\nL.. . negro soldiers. This \n\nJohn w. Stevenson was prior to the adop- \n\ntion of the Thirteenth \nAmendment to the Federal constitution, which declared \nthat slavery should no longer exist in the United States. \nWe have seen that the emancipation act of 1863 did not \npractically affect Kentucky, which was a loyal State ; but \nthe agents of the Freedmen\'s Bureau attempted to en- \nforce this law in Kentucky. They demanded money for \nthe services of the wives and children of negroes who had \nbeen enlisted in the United States army. The proceed- \ning was deemed unconstitutional, and was deeply resented \nby the Commonwealth. \n\nA number of suits were brought for this cause by the \nFreedmen\'s Bureau ; but they were all lost, as the court \n\n\n\n\nTHE RESTORATION OF PEACE 209 \n\nof appeals sustained the lower courts. The first was \nagainst Garrett Davis, then ably representing Kentucky in \nthe United States Senate, \xe2\x80\x94 a stanch Union man and a \nlarge owner of slaves. The effect of the Freedmen\'s \nBureau was: (i) to irritate the people against the Re- \npublican party, the party in power in the nation ; (2) to \nstrengthen the Democratic party; (3) to retard the ad- \nvancement of the negro. \n\nThe organization assumed the guardianship of the race. \nIt awoke an opposition on the part of the slave to his \nformer owner, and thereby prevented the friendly rela- \ntions which to-day exist between the two races. By 1870, \nthe Fourteenth and Fifteenth Amendments to the United \nStates constitution were ratified and the rights of citizen- \nship and suffrage were conferred upon the negroes of the \nnation. \n\nAnother cause of the disturbance of the peace was the \nterror created in various counties of the State \xe2\x80\x94 especially \nMarion, Boyle, Lincoln, and Mercer \xe2\x80\x94 by \nbands of men at first called Regulators and \nafterward Kuklux. These men took it upon themselves \nto punish the offenders against the laws of the State. \nWhen a crime was committed, a large number of them \nwould go out together in the dead of night, thoroughly \narmed, and disguised by masks, proceed to the home of \nthe culprit, drag him out of bed, take him to the woods, \nand whip him or inflict some other torture upon him. \nThe members of the Kuklux pretended that such acts \nwere done by them in order to intimidate evildoers, and \nthereby improve the moral condition of the State ; but in \nreality these men made themselves criminals of the most \ndangerous order. Their conduct was wrong enough when \ntheir cruelties fell upon the guilty; it was horrible when \n\nKENT. HIST. \xe2\x80\x94 14 \n\n\n\n2IO THE NEW KENTUCKY \n\nthe innocent became their victims. The Kukliix were \n\nsuppressed by 1873, but the lawless spirit which animated \n\nthem has not yet wholly died out in Kentucky. Sometimes, \n\nparticularly in the hill country, lynchings still occur \xe2\x80\x94 the \n\nspeedy executions of mob law. \n\nGovernor Stevenson, having been elected to the United \n\nStates Senate in February, 1871, resigned the position of \n\ngovernor, and Preston H. Leslie, acting lieu- \nNegroes vote o J \' o \n\nfor the first tenant governor, assumed the duties of the \noffice. The following August he was elected \ngovernor. His opponent was the eminent Republican, \nJohn M. Harlan. John G. Carlisle was elected lieutenant \ngovernor. The Democratic majority was greatly reduced, \nbecause of the addition to the Republican numbers for the \nfirst time of the negro vote. Whereas, in the presidential \nvote of 1868 the Democratic majority in the State had \nbeen seventy-six thousand, at this time it was scarcely \nmore than thirty-seven thousand. \n\nAt the close of the war was begun a much-needed \nreform in the public school system of the State. We \nEducational have noticcd that Kentuckians had never \naffairs been indifferent to education ; nevertheless, \n\nthe facilities for public education had never been of the \nvery highest. Old Transylvania University had now \npassed away. Center College, chartered by the Presby- \nterians in 1 8 19, still existed, and retained somewhat of \nthat picturesque interest which had formerly belonged to \nit. Its distinguished presidents were from some of the \nmost prominent families of the State, \xe2\x80\x94 Reverends Jere \nmiah Chamberlin, Gideon Blackburn, John C. Young, \nLewis W. Green, and William L. Breckinridge. Other \ndenominational colleges existed in various parts of the \nState, but Kentuckv was beginning to realize that it is \n\n\n\nTHE RESTORATION OF PEACE 211 \n\nupon the public schools that the educational life of a \nState depends. \n\nThe financial condition of the Commonwealth at the \nclose of the war was good. In 1873, there occurred a \nfinancial panic which was the greatest ever Period of \nknown in the history of this nation. Though ^^^^^^^^ \nmuch individual loss was endured in Kentucky, as a Com- \nmonwealth she suffered less than many of the other \nStates of the Union. \n\nA bill having passed the legislature to establish a geo- \nlogical survey in Kentucky, in 1873, Governor Leslie \nappointed Nathaniel Southgate Shaler, then filling the \nchair of Geology in Harvard University, as chief of the \ncorps of survey. Professor Shaler, a Kentuckian, brought \ninto the work an earnest enthusiasm, as well as exceptional \nscholarship. Vast sums of money were expended, and the \nwealth which lies hidden in the depths of Kentucky was \ndiscovered and made known. The richness of many \ncounties, the mineral resources of others, and the fineness \nof the timber regions were all pointed out as offering a \nsplendid opportunity for the investment of home and \nforeign capital. But the reaction which followed the \ncessation of war had reduced the Kentuckians to a state \nof temporary inactivity. They were not yet ready for \ncommercial enterprise. \n\nRECAPITULATIOI? \n\n\n\nConservatives still in power. \n\nLegislature passes resolutions of par- \ndon to Confederates. \n\nReturn of the Confederate soldiers. \n\nConfederates do not desire party har- \nmony with Conservatives. \n\n\n\nThe State made more extreme through \nsuffering caused by the war. \n\nA reaction against Conservatism en- \nsues. \n\nLarge growth of the Democratic \nparty. \n\n\n\n212 \n\n\n\nTHE NEW KENTUCKY \n\n\n\nLesser growth of the Republican \nparty. \n\nAugust elections of 1867 approach- \ning. \n\nConservatives offer a ticket with no \nhope of election. \n\nThey simply desire to make known \ntheir principles. \n\nTheir work at an end. \n\nThey pass mainly into the Demo- \ncratic party. \n\nCertain ones become distinguished \namong the Republicans. \n\nRepublicans also offer a ticket. \n\nDemocrats triumphantly carry the \nState. \n\nGovernor John L. Helm dies a few \ndays after his inauguration. \n\nJohn W. Stevenson, the lieutenant \ngovernor, becomes acting gov- \nernor. \n\nHe is elected to the office the follow- \ning August. \n\nThe Freedmen\'s Bureau causes an- \nnoyance. \n\n\n\nIt retards the advancement of the \nnegro. \n\nThe Kuklux, a low order of secret out- \nlaws, disturb the peace. \n\nGovernor Stevenson elected United \nStates senator. \n\nPreston H. Leslie becomes acting \ngovernor. \n\nHe is elected the following August. \n\nJohn G. Carlisle elected lieutenant \ngovernor. \n\nNegroes vote for the first time. \n\nA public school reform begun. \n\nOld Transylvania University no longer \nin existence. \n\nCenter College, a picturesque- institu- \ntion, still in existence. \n\nIts learned and prominent presidents. \n\nPublic schools the educational life \nof a State. \n\nFinancial panic of 1873. \n\nProfessor Shaler appointed State geol- \nogist. \n\nKentucky\'s resources pointed out. \n\nThe State not ready for enterprise. \n\n\n\nCHAPTER XX \n\nTHE ERA OF TRANSITIOX, 1875- \n\nThe future greatness of Kentucky must largely depend \nupon education. The reform in the public instruction of \nthe State, begun after the war, has been stead- \nily progressing toward a more elevated stand- Snin tt^\' \nard. For the training of school teachers, the ^^^^^ \nState has established (1906) two well-equipped Normal \nSchools for white persons, at Richmond and Bowling \nGreen; and (1886) one for colored persons, at Frankfort. \nThe State has also made provision for higher education, \nand now possesses an institution, the graduates of which \ntake rank, in post-graduate honors and degrees, with those \nof the best colleges in the country. \n\nThe State College of Kentucky (Agricultural and Me- \nchanical College) owed its origin to the act of Congress \nof 1862 donating public lands for its endowment. From \n1865 to 1878 it was attached to the old Kentucky Univer- \nsity. In 1880 it was placed upon an independent basis, \nunder the management of a Board appointed by the State.\' \nIn 1908 it was reorganized as the State University (the \nolder Kentucky University being renamed Transylvania \nUniversity). It now owns grounds, buildings, and other \nproperty valued at about $1,000,000. To James K. Patter- \nson, its learned and efficient president since 1869, and to \nthe late Judge W. B. Kinkead, long the chairman of the \nExecutive Board, is due the provision which opens all its \n\n213 \n\n\n\n214 THE NEW KENTUCKY \n\nclasses to young women, placing them on an equal footing \nwith the male students. Each county is entitled to send \na certain number of white students who may attend the \nUniversity for a full four years\' course, free of tuition, \nmatriculation, and dormitory fees. All appointments are \nmade by the county superintendent of schools, upon com- \npetitive examination of applicants between the ages of \nfourteen and twenty-four years ; but preference is given \nto those who have passed through the pubhc schools. The \nuniversity is thus the head of the common school system \nof Kentucky. \n\nWe are too near the men who have guided the affairs \n\nof Kentucky since 1875 to make any discrimination as to \n\ntheir services. The three administrations from \n\nstate politics \n\n1875 to 1887 were concerned with few matters \nof definite importance for this history. In 1875, James B. \nMcCreary, the Democratic candidate, was elected governor, \nand John C. Underwood, lieutenant governor. During \nGovernor McCreary\'s term of office, two United States \nsenators were chosen, \xe2\x80\x94 James B. Beck, for six years from \nthe 4th of March, 1877; and General John S. Williams, \nfrom 1879. Dr. Luke Pryor Blackburn, Democrat, was \nelected governor in 1879; ^^^ James E. Cantrill, lieutenant \ngovernor. The most notable event in Governor Black- \nburn\'s administration was his humane effort to relieve the \nsuffering in the State penitentiary. At this time there \nwere nine hundred and sixty-nine convicts in a building \nwhich contained but seven hundred and eighty cells. \nThere was much unnecessary suffering in this miserable \nabode, and Governor Blackburn pardoned many of the \nmost trustworthy inmates in order to make better accom- \nmodation for those who were retained. \n\nJ. Proctor Knott and J. R. Hindman, Democrats, were \n\n\n\nTHE ERA OF TRANSITION \n\n\n\n215 \n\n\n\nelected, respectively, governor and lieutenant governor from \n1883 to 1887, by a majority of nearly forty-five thousand \nvotes. James B. Beck was returned to the United States \nSenate, and J. C. S. Blackburn succeeded John S. Williams. \n\nWhile the Democrats retained control in State poli- \ntics, the party in power in the nation was the Republican. \nBut in 1884, a change occurred. Grover Cleve- National \nland and Thomas A. Hendricks, Democrats, politics \nwere elected, respectively, President and Vice President. \nMuch rejoicing was felt through- \nout the South and in the Demo- \ncratic States; for this was the \nfirst Democratic administration \nin twenty-four years. Vice \nPresident Hendricks died short- \nly after the inauguration, and on \nthe 25th of November, 1885, \nJohn Sherman, Republican, was \nelected to preside over the \nUnited States Senate, thus oc- \ncasioning the unique situation \nof a President and acting Vice \nPresident of opposite parties. \n\nIt is refreshing to turn for a moment from the considera- \ntion of dry annals to matters of a more entertaining nature. \nIn the year 1884 was started in the city of The Fiison \nLouisville an organization that has had the ^^"^ \ngreatest influence in discovering and preserving the inter- \nesting facts in the State\'s history. The Fiison Club owes \nits origin mainly to the inspiration of its president. Colonel \nReuben T. Durrett, whose knowledge and enthusiasm in \nregard to Kentucky subjects are unsurpassed. The mem- \nbers of the club reside in the various counties of the State. \n\n\n\n\nGrover Cleveland \n\n\n\n2l6 \n\n\n\nTHE NEW KENTUCKY \n\n\n\nBy them old garrets have been searched for forgotten \nmanuscripts, old letters have been brought to light, and \n\nnew and important in- \nformation has been \ngathered concerning the \ncharacter and life of the \nearly settlers. The pub- \nlications of the club are \ninvaluable to students of \nKentucky history. \n\nIn the State elections \nof 1887, the Democratic \nparty continued in \npower. General Simon \nB. Buckner and James \nW. Bryan were elected \ngovernor and lieutenant \ngovernor. Three other \ntickets were run, \xe2\x80\x94 a Pro- \nhibition, a Union Labor ticket, which received an insignifi- \nstate elections cant vote, and a Republican ticket, headed by \nof 1887 ^^ Q Bradley and Matthew O\'Doherty. A \n\nconsiderable increase in the Republican vote was discov- \nered. The Democratic majority was somewhat less than \nseventeen thousand. At this time, also, a vote was taken \nupon the question of revising the State constitution, and a \nmajority of ninety-six thousand votes in favor of so doing \nwas obtained. \n\nOn the 3d day of May, 1890, an act to call a constitu- \ntional convention passed the legislature, and the second \nThe new Monday (the 8th day) of September following \n\nconstitution ^^^ appointed for its assembling. Important \nchanges were made in the three departments of State \n\n\n\n\nReuben T. Durrett \n\n\n\nTHE ERA OF TRANSITION \n\n\n\n217 \n\n\n\n\ngovernment, \xe2\x80\x94 the executive, legislative, and judicial. \nUnder the first head, a conspicuous alteration is that all \nofficers are debarred from \nholding the same office two \nconsecutive terms. Under \nthe second head, special leg- \nislation was abolished and \nnecessary provisions in re- \ngard to corporations were \nmade. Under the third head, \nthe superior court and all \nstatutory courts were abol- \nished. An increase was made \nin the number of judges of \nthe appellate court, \xe2\x80\x94 not less \nthan five nor more than seven \nbeing required, and in the \nnumber of circuit courts, one \nbeing allowed for every forty thousand inhabitants. \n\nOn the 1st of June, 1892, one hundred years had passed \nsince the admission of Kentucky into the Union; and the \npeople again assembled at Lexington to do The centenary \nhonor to the State\'s nativity. Here, in the of Kentucky \nmidst of almost unbroken forests, was organized the first \ngovernment of the new Commonwealth. All was changed \nsince then : much was lost ; much was gained. There \nwere present this day the old grandchildren of those who \nhad taken part in the first celebration, by the side of the \nyoung great-grandchildren. The former looked back with \nwistful pride into the past, with which they were more \nnearly connected ; while the latter looked eagerly forward \nto a future brightened by reflections from the heroic \nbackground. Philadelphia sent three paintings as an \n\n\n\nSimon B. Buckner \n\n\n\n2l8 THE NEW KENTUCKY \n\noffering to the State. Speeches were made in thanks for \nthese and also to extol, in true Kentucky fashion, the glo- \nries of the past and present. At Woodland Park a bar- \nbecue was prepared ; and under the shade of ancient oaks \nand elms, burgoo \xe2\x80\x94 that mysterious concoction which \nKentuckians know how to brew \xe2\x80\x94 was served with the \nfinest of beef and ham and Southdown mutton which the \ncounty could offer. And thus another century of promise \nwas ushered in. \n\nThe Democratic party continued in power in the State. \nIn 1 89 1, John Young Brown, of Henderson County, and \nRenewed Mitchell Gary Alford, of Fayette, were elected \n\npower of the governor and lieutenant govcmor. In national \n\nDemocrats . . \n\npolitics, also, there was a change of parties. \nThe following year, Grover Cleveland was elected Pres- \nident for the second time, succeeding Benjamin Harrison, \nRepublican. \n\nSomewhat prior to this time, there occurred in the nation \na frantic speculation in lands. " Boom " towns seemed to \nspring up in a night. Hotels were built, manufactories \nwere started, and electric lights were introduced. As to \nother necessary requirements for a city, they existed only \non paper. Nevertheless, even the soberest were affected \nby the delirium of speculation. In Kentucky, vast sums \nwere sunk in unsubstantial investments. As a result of this \ngeneral desire for rapidly gained fortunes, and on account of \ncertain national political conditions, a desolating panic swept \nthe country. Consequently, the thoughts of the people were \nmuch occupied with the consideration of financial matters. \n\nThe Democratic State convention met in Louisville, \nJune 25, 1895, for the purpose of nominating the various \nState officers for the election which was to be held the \nfollowing November. Some time previous to the assem- \n\n\n\nTHE ERA OF TRANSITION \n\n\n\n219 \n\n\n\nbling of this convention, P. W. Hardin, one of the aspir- \nants for the governorship, boldly announced himself an \nadvDcate of the free coinage of silver. Cas- The currency \nsius M. Clay, Jr., his opponent, maintained <i"^stion \nthat the money question was not a pertinent issue in a \nState election. The national administration, under Cleve- \nland, had been out- \nspoken in its opposition \nto the free coinage of \nsilver, and the secretary \nof the treasury, John G. \nCarlisle, of Kentucky, \nnow made three speeches \nin the State, uphold- \ning the gold standard. \nWhen the convention \nmet, it indorsed the pol- \nicy of Cleveland and \nCarlisle, but nominated \nHardin for governor, \npartly because of his \nmagnetic personality. \n\nThe Republican party \nnominated WilHam O. \nBradley for governor, \n\nand he advocated the single gold standard. Populist and \nProhibition party tickets were also named. Hardin, in \nspite of the Democratic platform, argued for free silver. \nThe Republicans elected their entire ticket, and Kentucky \nhad her first Republican governor. W. J. Worthington \nwas elected lieutenant governor. \n\nThe turbulent legislature of 1896 was composed of an \neven number of Republicans and Democrats, with two \n\n\n\n\nJohn G. Carlisle \n\n\n\n220 \n\n\n\nTHE NEW KENTUCKY \n\n\n\nLegislature of \n1896 \n\n\n\nElection of 1896 \n\n\n\nPopulist members. For United States senator, J. C. S. \nBlackburn, a free-silver man, was selected as the Demo- \ncratic caucus nominee for reelection. Eleven \ngold-standard Democrats, however, refused to \ngo into the caucus. Congressman W. Godfrey Hunter \nwas the Republican nominee ; but a few Republicans re- \nfused to vote for him. The effort of each side to hold its \nown against the other created extreme excitement. The \nlegislature adjourned without having effected an election. \nThe silver question in 1896 caused a split in the Demo- \ncratic party. The regular organization favored the free \ncoinage of silver, and supported William J. \nBryan for the presidency. Some of the Demo- \ncrats opposed to free silver voted for Palmer and Buckner, \n\ncandidates for President and \nVice President on the \'* Na- \ntional Democratic" ticket. \nGeneral Buckner had served \nas governor of the state, and \nhad many warm personal \nand political friends. The \nresult in Kentucky and in \nthe nation was a victory for \nMcKinley, the Republican \ncandidate. \n\nAt a special session of \nthe legislature in 1897 the \ncontest over the \nvacant seat in \nthe United States Senate \nwas resumed and became \nvery bitter. The caucus nominees were again W. Godfrey \nHunter, Republican, and J. C. S. Blackburn, Democrat; \n\n\n\n\nSenatorial \nelections \n\n\n\nWilliam O. Bradley \n\n\n\nTHE ERA OF TRANSITION \n\n\n\n22; \n\n\n\nbut neither could command the entire strength of his \nparty. On the 112th ballot W. J. Deboe, a Republican, \nwas elected. For the next ten years a large majority of \nthe legislature was Democratic. In 1900 Blackburn was \nelected senator to succeed William J. Lindsay. Six years \nlater he was succeeded by Judge Thomas H. Paynter. \nSenator Deboe was succeeded by Ex-Governor James B. \nMcCreary (elected in 1902). \n\nDuring Governor Bradley\'s term as governor much dis- \nturbance was caused by toll-gate raiders. Many toll-gates \nwere destroyed, and the collection of tolls prevented by \nviolence. The property of many turnpike companies was \nbought by the counties, and order was restored. \n\nThe legislature of 1898 enacted an election bill intro- \nduced by William Goebel, State \nsenator, and passed it over \nGovernor Bradley\'s veto. This \nplaced the appointment of elec- \ntion officers and the canvassing \nof returns in the hands of a \nState board of three commis- \nsioners to be elected by the \nlegislature, and of county boards \nto be appointed by the State \nboard. \n\nIn 1899 the Democrats, after a \nprolonged struggle in their con- \nOn the verge vention, nominated \nof civil war William Goebel for \ngovernor, and J. C. W. Beck- \nham for lieutenant governor. \nDemocrats opposed to Goebel \nand to the new election law named an opposition ticket \n\n\n\n\nWiiliam Goebel \n\n\n\n222 THE NEW KENTUCKY \n\nheaded by Ex-Governor John Young Brown. The Re- \npublican candidates were William S. Taylor for governor \nand John Marshall for lieutenant governor. Populist, Pro- \nhibition, and Socialist-Labor tickets were also in the field, \nas they have been in many elections since. The majority \nof the election commissioners declared Taylor and Mar- \nshall elected, and they were sworn in. The Democrats \ncontested the election. Hundreds of armed men came to \nFrankfort and petitioned the legislature not to depose \nTaylor and Marshall ; for it was believed that the legis- \nlature was about to decide the contest in favor of Goebel \nand Beckham. On January 30, 1900, Goebel was shot by \nan assassin concealed in one of the rooms of the execu- \ntive building. Governor- Taylor declared it unsafe for \nthe legislature to continue its meetings in Frankfort, and \nby proclamation adjourned it to meet at London, Feb- \nruary 6. The Democratic majority of the legislature \nignored his act, but were shut out of the State House by \nmilitia. Nevertheless they awarded certificates of elec- \ntion to Goebel and Beckham. Goebel was sworn in as \ngovernor, January 31, and on his death was succeeded \nby Beckham, February 3. Taylor and Marshall refused \nto give up their offices, until after the case was decided \nagainst them by the State Court of Appeals (March 10) \nand the Supreme Court of the United States declined \nto interfere (May 21). For three weeks there was to be \nseen daily the strange spectacle of two different organ- \nizations of the State senate both meeting in the same \nroom at the same hour, but each ignoring the presence \nof the other. Marshall presided over the Republican \nsenators, who after their roll call would adjourn for lack \nof a quorum. The Democratic majority were presided \nover by a president pro tem., and carried on business. \n\n\n\nthp: era or transition \n\n\n\n223 \n\n\n\nThus from January till May a condition existed which \nin other lands would have promptly caused a civil war. It \nis greatly to the credit of Kentucky that nearly all our \ncitizens refrained from violence, and quietly waited for the \ndecision of the courts. \n\nMany men were accused of complicity in the murder of \nGoebel. Of the few brought to trial, some were convicted \nand some acquitted. Taylor was one of the men indicted, \nbut he fled to Indiana, and \nthe governor of that State \nrefused to honor Governor \nBeckham\'s requisition for \nhim, claiming that men ac- \ncused of Goebel\'s murder \ncould not obtain a fair trial. \nGovernor Beckham called \na special session of the legis- \nlature to modify the election \nlaw. It was provided that \nthe State board \nshould consist of \ntwo commissioners appointed \nby the governor, one from \neach party, together with the \nclerk of the Court of Ap- \npeals; and that each county board, likewise, should consist \nof one commissioner from each of the two chief parties, \ntogether with the sheriff. \n\nIn the presidential elections of 1900, 1904, and 1908 \nKentucky voted for the Democratic candi- Pontics since \ndates. In 1900 Acting Governor Beckham was ^900 \nelected governor for the unexpired term, by a close vote. \nHe was again elected governor in 1903, for the next full \n\n\n\nElection law \n\n\n\n\nJ. C. W. Beckham \n\n\n\n124 \n\n\n\nTHE NEW KENTUCKY \n\n\n\nterm, by 27,000 plurality. Wm. P. Thorne was elected \nlieutenant governor. In 1907 the Republicans elected \ntheir State ticket, headed by Augustus E. Willson for \ngovernor, and W. H. Cox for lieutenant governor, by \n\n1 8,000 plurality. The legis- \nlature of 1908 had a Demo- \ncratic majority of 8 votes. \nEx-Governor Beckham was \nthe Democratic nominee for \nUnited States senator to \nsucceed Senator McCreary, \nbut a few Democrats re- \nfused to vote for him. The \ncontest was prolonged till \nFebruary 28, when four \nDemocrats voted with the \nRepublicans for Ex-Gover- \nnor Bradley, and elected \nhim. \n\nKentucky many years ago \nadopted a local option law, \nunder which each county can decide for itself whether or \nnot to prohibit the sale of alcohohc liquor within its borders. \nAt first only a few did so, but the prohibition movement \ngradually spread, and to-day more than ninety counties \nprohibit the sale of liquors. \n\nAn effort has recently been made to remove our great \neducational and charitable institutions from the domain of \nparty politics. Laws of 1906 and 1908 provide that the \ntwo Normal Schools for white persons, and the State \nUniversity, shall each be under the control of a bi-partisan \nboard. Likewise the board of control for charitable insti- \ntutions, previously partisan, was in 1908 made bi-partisan. \n\n\n\n\nAugustus E. Willson \n\n\n\nTHE ERA OF TRANSITION \n\n\n\n225 \n\n\n\nLet US turn from the political history of the State to \nthe more important industrial progress. Kentucky has \nlong had a large share in the marvelous de- industrial \nvelopment of our country. Since 1880 her Progress \npopulation has grown from 1,648,690 to about 2,500,000, \nher railroad mileage from 1530 miles to about 3500, her \nyearly output of coal from 1,000,000 tons to 10,000,000, \nand the annual product of her manufactures and her farms \nhas more than doubled in value. Improved methods of \nfarming are being adopted, partly through the farmers\' \nand industrial institutes conducted by the State com- \nmissioner of agriculture. \n\nAfter combinations of tobacco buyers had been per- \nfected, the prices paid to farmers for their tobacco fell \nlower and lower. Associations of tobacco The "Tobacco \ngrowers were then formed in Kentucky and ^^^ \nTennessee for the purpose of holding back their crops \nfrom the market until good prices could be secured. \nTheir operations in 1905-1908 were successful, although \nhampered and delayed by independent growers who re- \nfused to join the associations. To prevent the produc- \ntion and sale of independent tobacco, *\' night riders " \nresorted to violence. Growing tobacco was destroyed, \ntobacco barns were burned, and men were assaulted and \nwhipped. A body of 300 men burned two large factories \nat Princeton in November, 1906, and a force of 500 next \nyear destroyed three factories in Hopkinsville. In all, \nmany hundred thousand dollars\' worth of proi)erty was \ndestroyed by night riders. \n\nOne of the tobacco-growers\' associations, the Burley \nTobacco Society, is a branch of the American Society of \nEquity. The latter organization aims to secure more \nequitable treatment for farmers generally, and urges the \n\n\n\n226 THE NEW KENTUCKY \n\n** pooling " of Other crops as well as of tobacco, in order \nto obtain a good price for all who enter the pool. \n\nThe legislature in 1904 appropriated ^1,000,000 for a \nnew capitol building, and two years later added $250,000. \nA new site in South Frankfort was chosen, and there a \nbeautiful and commodious capitol, in keeping with the \ngrowth and dignity of the State, was erected in 1905- 1909. \n\nFrom the foregoing there may be gained some idea \n\nof the events occurring in the State at the present time. \n\nBut an account of the new Kentucky must be \n\nThe old Ken- _, ^ , , , \n\ntucky a pledge mainly a matter of prophecy. The old order \nfor the new ^f things has passed away; the new order \nhas not yet been fully developed. Kentucky\'s past use- \nfulness has been clearly demonstrated, but her possibilities \nfor future greatness can only be pointed out and antici- \npated. The physical and personal vigor which the pioneers \npossessed ; the training which the founders of the Com- \nmonwealth received from exercising self-control when \ntempted to act rashly, produced a line of dauntless soldiers \nand forcible orators. Wars, let us hope, are ceasing. The \nuses of oratory are rapidly diminishing ; but the courage \nand the power of brain and emotion still exist, to be ex- \npressed through other channels. From the boys and girls \nwho study this history to-day rnay be raised up new soldiers \n\xe2\x80\x94 spiritual warriors to aid in purifying the political life \nof the State and nation, or to conquer the evil in the land \nby the might of their own high faith in goodness. And \nfrom what has already been done on literary lines, we may \nhope that the orator will only give place to the author who \nwill sing of the border wars and the deeds of valor and \nstrength in his State\'s romantic history, or describe the \ndeep and vital feelings of the men and women of the old \nand new Kentucky. \n\n\n\nCONSTITUTION OF THE COMMONWEALTH \nOF KENTUCKY. \n\nPreamble. \n\nWe, the people of the Commonwealth of Kentucky, grateful to \nAlmighty God for the civil, political, and religious liberties we enjoy \nand mvoking the continuance of these blessings, do ordain and estab- \nush this Constitution. \n\nBill of Rights. \n\nThat the great and essential principles of liberty and free govern- \nment may be recognized and established, we declare that :\xe2\x80\x94 \n_ Section i. All men are by nature free and equal, and have certain \ninherent and inahenable rights, among which may be reckoned\xe2\x80\x94 \n\n1. The right of enjoying and defending their lives and liberties \n\n2. The right of worshiping Almighty God according to the dic- \ntates of their consciences, \n\n3- ^^^ "ght of seeking and pursuing their safety and happiness. \n\n^\' iu ^?^ ^^^^^ communicating their thoughts and opinions \n\n5. 1 he right of acquiring and protecting property. \n\n6. The right of assembling together in a peaceable manner for their \ncommon good, and of applying to those invested with the power of \ngovernment for redress of grievances or other proper purposes bv \npetition, address, or remonstrance. \' \n\n7. The right to bear arms in defense of themselves and of the State \nsubject to the power of the General Assembly to enact laws to prevent \npersons from carrying concealed weapons. \n\nSec. 2. Absolute and arbitrary power over the lives, liberty and \nproperty of freemen exists nowhere in a republic, not even m the \nlargest majority. \n\nSec. 3. All men, when they form a social compact, are equal ; and \nno grant of exclusive, separate pubhc emoluments or privileges shall \nbe made to any man or set of men, except in consideration of public \nservices ; but no property shall be exempt from taxation except as \nprovided in this Constitution ; and every grant of a franchise, privi- \nlege, or exemption, shall remain subject to revocation, alteration or \namendment. \n\nSec. 4. All power is inherent in the people, and all free govern- \nments are founded on their authority, and instituted for their peace, \n\n227 \n\n\n\n228 CONSTITUTION OF KENFUCKY \n\n\n\nsafety, happiness, and the protection of property. For the advance- \nment of these ends, they have at all times an inalienable and indefeasi- \nble right to alter, reform, or abolish their government in such manner \nas they may deem proper. \n\nSec. 5. No preference shall ever be given by law to any religious \nsect, society, or denomination ; nor to any particular creed, mode of \nvi\'orship, or system of ecclesiastical polity ; nor shall any person be \ncompelled to attend any place of worship, to contribute to the erection \nor maintenance of any such place, or to the salary or support of any \nminister of religion; nor shall any man be compelled to send his child \nto any school to which he may be conscientiously opposed ; and the \ncivil rights, privileges, or capacities of no person shall be taken away, \nor in any wise diminished or enlarged, on account of his belief or dis- \nbelief of any religious tenet, dogma, or teaching. No human author- \nity shall, in any case whatever, control or interfere with the rights of \nconscience. \n\nSec. 6. All elections shall be free and equal. \n\nSec. 7. The ancient mode of trial by jury shall beheld sacred, and \nthe right thereof remain inviolate, subject to such modifications as \nmay be authorized by this Constitution. \n\nSec. 8. Printing presses shall be free to every person who under- \ntakes to examine the proceedings of the General Assembly or any \nbranch of government, and no law shall ever be made to restrain the \nright thereof. Every person may freely and fully speak, write, and \nprint on any subject, being responsible for the abuse of that liberty. \n\nSec. 9. In prosecutions for the publication of papers investigating \nthe official conduct of officers or men in a public capacity, or where \nthe matter published is proper for public information, the truth there- \nof may be given in evidence; and in all indictments for libel the jury \nshall have the right to determine the law and the facts, under the \ndirection of the court, as in other cases. \n\nSec. 10. The people shall be secure in their persons, houses, papers, \nand possessions, from unreasonable search and seizure; and no war- \nrant shall issue to search any place, or seize any person or thing, with- \nout describing them as nearly as may be, nor without probable cause \nsupported by oath or affirmation. \n\nSec. II. In all criminal prosecutions the accused has the right to be \nheard by himself and counsel ; to demand the nature and cause of the \naccusation against him ; to meet the witnesses face to face, and to \nhave compulsory process for obtaining witnesses in his favor. He \ncannot be compelled to give evidence against himself, nor can he be \ndeprived of his life, liberty, or property, unless by the judgment of \nhis peers or the law of the land ; and in prosecutions by indictment \nor information, he shall have a speedy public trial by an impartial jury \nof the vicinage ; but the General Assembly mav provide by a general \nlaw for a change of venue in such prosecutions for both the defendant \nand the Commonwealth, the change to be made to the most convenient \ncounty in which a fair trial can be obtained. \n\nSec. 12. No person, for an indictable offense, shall be proceeded \nagainst criminally by information, except iu cases arising in the land \n\n\n\nCONSTITUTION OF KENTUCKY 229 \n\nor naval forces, or in the militia, when in actual service in time of war \nor public danger, or by leave of court for oppression or misdemeanor \nin office. \n\nSec. 13. No person shall, for the same offense, be twice put in jeop- \nardy of his life or limb, nor shall any man\'s property be taken or \napplied to public use without the consent of his representatives, and \nwithout just compensation being previously made to him. \n\nSec. 14. All courts shall be open, and every person, for an injury \ndone him in his lands, goods, person, or reputation, shall have remedy \nby due course of law, and right and justice administered without sale, \ndenial, or delay. \n\nSec. 15. No power to suspend laws shall be exercised, unless by \nthe General Assembly or its authority. \n\nSec. 16. All prisoners shall be bailable by sufficient securities, un- \nless for capital offenses, when the proof is evident or the presumption \ngreat ; and the privilege of the writ of habeas corpus shall not be sus- \npended, unless when, in case of rebellion or invasion, the public safety \nmay require it. \n\nSec. 17. Excessive bail shall not be required, nor excessive fines \nimposed, nor cruel punishment inflicted. \n\nSec. 18. The person of a debtor, where there is not strong pre- \nsumption of fraud, shall not be continued in prison after delivering \nup his estate for the benefit of his creditors in such manner as shall be \nprescribed by law. \n\nSec. 19. No ex post facto law, nor any law impairing the obligation \nof contracts, shall be enacted. \n\nSec. 20. No person shall be attainted of treason or felony by the \nGeneral Assembly, and no attainder shall work corruption of blood, \nnor, except during the life of the offender, forfeiture of estate to the \nCommonwealth. \n\nSec. 21. The estate of such persons as shall destroy their own lives \nshall descend or vest as in cases of natural death ; and if any person \nshall be killed by casualty, there shall be no forfeiture by reason \nthereof. \n\nSec, 22. No standing army shall, in time of peace, be maintained \nwithout the consent of the General Assembly ; and the military shall, \nin all cases and at all times, be in strict subordination to the civil \npower ; nor shall any soldier, in time of peace, be quartered in any \nhouse without the consent of the owner, nor in time of war, except in \na manner prescribed by law. \n\nSec. 23. The General Assembly shall not grant any title of nobility \nor hereditary distinction, nor create any office the appointment of \nwhich shall be for a longer time than a term of years. \n\nSec. 24. Emigration from the State shall not be prohibited. \n\nSec. 25. Slavery and involuntary servitude in this State are forbid- \nden, except as a punishment for crime whereof the party shall have \nbeen duly convicted. \n\nSec. 26. To guard against transgression of the high powers which \nwe have delegated, we declare that everything in this Bill of Rights is \nexcepted out of the general powers of government, and shall forever \n\n\n\n230 CONSTITUTION OF KENTUCKY \n\nremain inviolate ; and all laws contrary thereto, or contrary to this \nConstitution, shall be void. \n\nDistribution of the Powers of Government. \n\nSec. 27. The powers of the government of the Commonwealth of \nKentucky shall be divided into three distinct departments, and each \nof them be confined to a separate body of magistracy : to wit, those \nwhich are legislative, to one ; those which are executive, to another ; \nand those which are judicial, to another. \n\nSec. 28. No person, or collection of persons, being of one of those \ndepartments, shall exercise any power properly belonging to either of \nthe others, except in the instances hereinafter expressly directed or \npermitted. \n\nLegislative Department. \n\nSec. 29. The legislative power shall be vested in a House of Repre- \nsentatives and a Senate, which together shall be styled the " General \nAssembly of the Commonwealth of Kentucky." \n\nSec. 30. Members of the House of Representatives and senators \nelected at the August election in one thousand eight hundred and \nninety-one, and senators then holding over, shall continue in office \nuntil and including the last day of December, one thousand eight \nhundred and ninety-three. Thereafter the term of office of representa- \ntives and senators shall begin upon the first day of January of the \nyear succeeding their election. \n\nSec. 31. At the general election in the year one thousand eight \nhundred and ninety-three one senator shall be elected in each sena- \ntorial district, and one representative in each representative district. \nThe senators then elected shall hold their offices, one-half for two \nyears and one-half for four years, as shall be determined by lot at the \nfirst session of the General Assembly after their election, and the \nrepresentatives shall hold their offices for two years. Every two years \nthereafter there shall be elected for four years one senator in each \nsenatorial district in which the term of his predecessor in office will \nthen expire, and in every representative district one representative for \n(two years. \n\nSec. 32. No person shall be a representative who, at the time of \nhis election, is not a citizen of Kentucky, has not attained the age of \ntwenty-four years, and who has not resided in this State two years \nnext preceding his election, and the last year thereof in the county, \ntown, or city for which he may be chosen. No person shall be a sen- \nator who, at the time of his election, is not a citizen of Kentucky, \nhas not attained the age of thirty years, and has not resided in this \nState six years next preceding his election, and the last year thereof \nin the district for which he may be chosen. \n\nSec. 33. The first General Assembly after the adoption of this Con- \nstitution shall divide the State into thirty-eic;ht senatorial districts, \nand one hundred representative districts, as nearly equal in popula- \n\n\n\nCONSTITUTION OF KENTUCKY 23 1 \n\ntion as may be without dividing any county, except where a county \nmay include more than one district, which districts shall constitute the \nsenatorial and representative districts for ten years. Not more than \ntwo counties shall be joined together to form a representative dis- \ntrict : provided, in doing so, the principle requiring every district to \nbe as nearly equal in population as may be shall not be violated. At \nthe expiration of that time, the General Assembly shall then, and \nevery ten years thereafter, redistrict the State according to this rule, \nand for the purposes expressed in this section. If, in making said \ndistricts, inequality of population should be unavoidable, any advan- \ntage resulting therefrom shall be given to districts having the largest \nterritory. No part of a county shall be added to another county to \nmake a district, and the counties forming a district shall be con- \ntiguous. \n\nSec. 34. The House of Representatives shall choose its speaker \nand other officers, and the Senate shall have power to choose its \nofficers, biennially. \n\nSec. 35. The number of representatives shall be one hundred, and \nthe number of senators thirty-eight. \n\nSec. 36. The first General Assembly, the members of which shall \nbe elected under this Constitution, shall meet on the first Tuesday \nafter the first Monday in January, eighteen hundred and ninety-four, \nand thereafter the General Assembly shall meet on the same day \nevery second year, and its sessions shall be held at the seat of gov- \nernment, except in case of war, insurrection, or pestilence, when it \nmay, by proclamation of the governor, assemble, for the time being, \nelsewhere. \n\nSec. 37. Not less than a majority of the members of each House \nof th^ General Assembly shall constitute a quorum to do business ; \nbut a smaller number may adjourn from day to day, and shall be \nauthorized by law to compel the attendance of absent members in \nsuch manner and under such penalties as may be prescribed by law. \n\nSec. 38. Each House of the General Assembly shall judge of the \nqualifications, elections, and returns of its members, but a contested \nelection shall be determined in such manner as shall be directed by \nlaw. \n\nSec. 39. Each House of the General Assembly may determine the \nrules of its proceedings, punish a member for disorderly behavior, \nand, with the concurrence of two-thirds, expel a member, but not a \nsecond time for the same cause, and may punish for contempt any \nperson who refuses to attend as a witness, or to bring any paper \nproper to be used as evidence before the General Assembly or either \nHouse thereof, or a committee of either, or to testify concerning any \nmatter which may be a proper subject of inquiry by the General \nAssembly, or offers or gives a bribe to a member of the General \nAssembly, or attempts by other corrupt means or device to control or \ninfluence a member to cast his vote or withhold the same. The pun- \nishment and mode of proceeding for contempt in such cases shall be \nprescribed by law, but the term of imprisonment in any such case \nshall not extend beyond the session of the General Assembly. \n\n\n\n232 CONSTITUTION OF KENTUCKY \n\nSec. 40. Each House of the General Assembly shall keep and \npublish daily a journal of its proceedings ; and the yeas and nays of \nthe members on any question shall, at the desire of any two of the \nmembers elected, be entered on the journal. \n\nSec. 41. Neither House, during the session of the General Assem- \nbly, shall, without the consent of the other, adjourn for more than \nthree days, nor to any other place than that in which it may be sitting. \n\nSec. 42. The members of the General Assembly shall severally \nreceive from the State treasury compensation for their services, which \nshall be five dollars a day during their attendance on, and fifteen \ncents per mile for the necessary travel in going to and leturning from, \nthe sessions of their respective Houses : provided the same may be \nchanged by law ; but no change shall take effect during the session at \nwhich it is made ; nor shall a session of the General Assembly con- \ntinue beyond sixty legislative days, exclusive of Sundays and legal \nholidays ; but this limitation as to length of session shall not apply to \nthe first session held under this Constitution, nor to the Senate when \nsitting as a court of impeachment. A legislative day shall be con- \nstrued to mean a calendar day. \n\nSec. 43. The members of the General Assembly shall, in all cases \nexcept treason, felony, breach or surety of the peace, be privileged \nfrom arrest during their attendance on the sessions of their respective \nHouses, and in going to and returning from the same ; and for any \nspeech or debate in either House they shall not be questioned in any \nother place. \n\nSec. 44. No senator or representative shall, during the term for \nwhich he was elected, nor for one year thereafter, be appointed or \nelected to any civil office of profit in this Commonwealth, which shall \nhave been created, or the emoluments of which shall have been \nincreased, during the said term, except to such offices as may be filled \nby the election of the people. \n\nSec. 45. No person who may have been a collector of taxes or \npublic moneys for the Commonwealth, or for any county, city, town, \nor district, or the assistant or deputy of such collector, shall be \neligible to the General Assembly, unless he shall have obtained a \nquietus six months before the election for the amount of such \ncollection, and for all public moneys for which he may have been \nresponsible. \n\nSec. 46. No bill shall be considered for final passage, unless the \nsame has been reported by a committee, and printed for the use of \nthe members. Every bill shall be read at length on three different \ndays in each House, but the second and third readings may be dis- \npensed with by a majority of all the members elected to the House in \nwhich the bill is pending. But whenever a committee refuses or fails \nto report a bill submitted to it in a reasonable time, the same may be \ncalled up by any member, and be considered in the same manner it \nwould have been considered if it had been reported. No bill shall \nbecome a law unless, on its final passage, it receives the votes of at \nleast two-fifths of the members elected to each House, and a majority \nof the members voting, the vote to be taken by yeas and nays and en- \n\n\n\nCONSTITUTION OF KENTUCKY 233 \n\ntered in the journal : provided any act or resolution for the appropri- \nation of money or the creation of debt shall, on its final passage, receive \nthe votes of a majority of all the members elected to each House. \n\nSec. 47. All bills for raising revenue shall originate in the House \nof Representatives, but the Senate may propose amendments thereto : \nprovided no new matter shall be introduced, under color of amend- \nment, which does not relate to raising revenue. \n\nSec. 48. The General Assembly shall have no power to enact laws \nto diminish the resources of tlie sinking fund as now established by \nlaw until the debt of the Commonwealth be paid, but may enact laws \nto increase them ; and the whole resources of said fund, from year to \nyear, shall be sacredly set apart, and applied to the payment of the in- \nterest and principal of the State debt, and to no other use or purpose \nuntil the whole debt of the State is fully satisfied. \n\nSec. 49. The General Assembly may contract debts to meet casual \ndeficits or failures in the revenue ; but such debts, direct or contingent \nsingly or in the aggregate, shall not at any time exceed five hundred \nthousand dollars, and the moneys arising from loans creating such \ndebts shall be applied only to the purpose or purposes for which they \nwere obtained, or to repay such debts : provided the General Assembly \nmay contract debts to repel invasion, suppress insurrection, or, if hos- \ntilities are threatened, provide for the public defense. \n\nSec. 50. No act of the General Assembly shall authorize any debt \nto be contracted on behalf of the Commonwealth except for the pur- \nposes mentioned in section forty-nine, unless provision be made therein \nto levy and collect an annual tax sufficient to pay the interest stipu- \nlated, and to discharge the debt within thirty years ; nor shall such act \ntake effect until it shall have been submitted to the people at a general \nelection, and shall have received a majority of all the votes cast for \nand against it : provided the General Assembly may contract debts by \nborrowing money to pay any part of the debt of the State, without \nsubmission to the people, and without making provision in the act \nauthorizing the same for a tax to discharge the debt so contracted \nor the interest thereon. \n\nSec. 51- No law enacted by the General Assembly shall relate to \nmore than one subject, and that shall be expressed in the title and \nno law shall be revised, amended, or the provisions thereof extended \nor conferred by reference to its title only ; but so much thereof as is \nrevised, amended, extended, or conferred shall be reenacted and \npublished at length. \n\nSec. 52. The General Assembly shall have no power to release \nextinguish, or authorize the releasing or extinguishing, in whole or in \npart, the indebtedness or liability of any corporation or individual to \nthis Commonwealth, or to any county or municipality thereof. \n^ Sec. 53. The General Assembly shall provide by law for monthly \nmvestigations into the accounts of the treasurer and auditor of public \naccounts, and the result of these investigations shall be reported to the \ngovernor, and these reports shall be semi-annually published in two \nnewspapers of general circulation in the State. The reports received \nby the governor shall, at the beginning of each session, be transmitted \n\n\n\n234 CONSTITUTION OF KENTUCKY \n\nby him to the General Assembly for scrutiny and appropriate \naction. \n\nSec. 54. The General Assembly shall have no power to limit the \namount to be recovered for injuries resulting in death, or for injuries \nto person or property. \n\nSec. 55. No act, except general appropriation bills, shall become a \nlaw until ninety days after the adjournment of the session at which it \nwas passed, except in cases of emergency, when, by the concurrence \nof a majority of the members elected to each House of the General \nAssembly, by a yea and nay vote entered upon their journals, an act \nmay become a law when approved by the governor ; but the reasons \nfor the emergency that justifies this action must be set out at length \nin the journal of each House. \n\nSec. 56. No bill shall become a law until the same shall have been \nsigned by the presiding officer of each of the two Houses in open ses- \nsion ; and before such officer shall have affixed his signature to any \nbill, he shall suspend all other business, declare that such bill will now \nbe read, and that he will sign the same, to the end that it may become \na law. The bill shall then be read at length and compared ; and, if \ncorrectly enrolled, he shall, in presence of the House in open session, \nand before any other business is entertained, affix his signature, which \nfact shall be noted in the journal, and the bill immediately sent to \nthe other House. When it reaches the other House, the presiding \nofficer thereof shall immediately suspend all other business, announce \nthe reception of the bill, and the same proceeding shall thereupon be \nobserved in every respect as in the House in which it was first signed. \nAnd thereupon the clerk of the latter House shall immediately pre- \nsent the same to the governor for his signature and approval. \n\nSec. 57. A member who has a personal or private interest in any \nmeasure or bill proposed or pending before the General Assembly, \nshall disclose the fact to the House of which he is a member, and \nshall not vote thereon upon pain of expulsion. \n\nSec. 58. The General Assembly shall neither audit nor allow any \nprivate claim against the Commonwealth, except for expenses incurred \nduring the session at which the same was allowed, but may appropriate \nmoney to pay such claim as shall have been audited and allowed ac- \ncording to law. \n\nLocal and Special Legislation. \n\nSec. 59. The General Assembly shall not pass local or special acts \nconcerning any of the following subjects, or for any of the following \npurposes : namely, \xe2\x80\x94 \n\n1. To regulate the jurisdiction, or the practice, or the circuits of \ncourts of justice, or the rights, powers, duties, or compensation of the \nofficers thereof ; but the practice in circuit courts in continuous ses- \nsion may, by a general law, be made different from the practice of \ncircuit courts held in terms. \n\n2. To regulate the summoning, impaneling, or compensation of \ngrand or petit jurors. \n\n\n\nCONSTITUTION OF KENTUCKY 235 \n\n3. To provide for changes of venue in civil or criminal causes. \n\n4. To regulate the punishment of crimes and misdemeanors, or to \nremit fines, penalties, or forfeitures. \n\n5. To regulate the limitation of civil or criminal causes. \n\n6. To affect the estate of cestiiis que trust, decedents, infants, or \nother persons under disabilities, or to authorize any such persons to \nsell, lease, encumber, or dispose of their property. \n\n7. To declare any person of age, or to relieve an infant or feme \ncovert of disability, or to enable him to do acts allowed only to adults \nnot under disabilities. \n\n8. To change the law of descent, distribution, or succession, \ng. To authorize the adoption or legitimation of children. \n\n10. To grant divorces. \n\n11. To change the name of persons. \n\n12. To give effect to invalid deeds, wills, or other instruments. \n\n13. To legalize, except as against the Commonwealth, the unau- \nthorized or invalid act of any officer or public agent of the Common- \nwealth, or of any city, county, or municipality thereof. \n\n14. To refund money legally paid into the State treasury. \n\n15. To authorize or to regulate the levy, the assessment, or the col- \nlection of taxes, or to give any indulgence or discharge to any assessor \nor collector of taxes, or to his sureties. \n\n16. To authorize the opening, altering, maintaining, or vacating \nroads, highways, streets, alleys, town plats, cemeteries, graveyards, or \npublic grounds not owned by the Commonwealth. \n\n17. To grant a charter to any corporation, or to amend the charter \nof any existing corporation ; to license companies or persons to own \nor operate ferries, bridges, roads, or turnpikes ; to declare streams \nnavigable, or to authorize the construction of booms or dams therein, \nor to remove obstructions therefrom ; to affect toll-gates or to regu- \nlate tolls ; to regulate fencing or the running at large of stock. \n\n18. To create, increase, or decrease fees, percentages, or allow- \nances to public officers, or to extend the time for the collection thereof, \nor to authorize officers to appoint deputies. \n\n19. To give any person or corporation the right to lay a railroad \ntrack or tramway, or to amend existing charters for such purposes. \n\n20. To provide for conducting elections, or for designating the \nplaces of voting, or changing the boundaries of wards, precincts, or \ndistricts, except when new counties may be created. \n\n21. To regulate the rate of interest. \n\n22. To authorize the creation, extension, enforcement, impair- \nment, or release of liens. \n\n23. To provide for the protection of game and fish. \n\n24. To regulate labor, trade, mining, or manufacturing. \n\n25. To provide for the management of common schools. \n\n26. To locate or change a county seat. \n\n27. To provide a means of taking the sense of the people of any \ncity, town, district, precinct, or county, whether they wish to author- \nize, regulate, or prohibit therein the sale of vinous, spirituous, or malt \nliquors, or alter the liquor laws. \n\n\n\n236 CONSTITUTION OF KENTUCKY \n\n28. Restoring to citizenship persons convicted of infamous crimes, \n\n29. In all other cases where a general law can be made applica- \nble, no special law shall be enacted. \n\nSec. 60. The General Assembly shall not indirectly enact any \nspecial or local act by the repeal in part of a general act, or by ex- \nempting from the operation of a general act any city, town, district, \nor county ; but laws repealing local or special acts may be enacted. \nNo law shall be enacted granting powers or privileges in any case \n;where the granting of such powers or privileges shall have been pro- \nvided for by a general law, nor where the courts have jurisdiction to \ngrant the same or to give the relief asked for. No law, except such \nas relates to the sale, loan, or gift of vinous, spirituous, or malt \nliquors, bridges, turnpikes or other public roads, public buildings or \nimprovements, fencing, running at large of stock, matters pertaining \nto common schools, paupers, and the regulation by counties, cities, \ntowns, or other municipalities, of their local affairs, shall be enacted \nto take effect upon the approval of any other authority than the Gen- \neral Assembly, unless otherwise expressly provided in this Constitu- \ntion. \n\nSec. 61. The General Assembly shall by general law provide a \nmeans whereby the sense of the people of any county, city, town, dis- \ntrict, or precinct may be taken, as to whether or not spirituous, vin- \nous, or malt liquors shall be sold, bartered, or loaned therein, or the \nsale thereof regulated ; but nothing herein shall be construed to in- \nterfere with or to repeal any law in force relating to the sale or gift \nof such liquors. All elections on this question may be held on a day \nother than the regular election days. \n\nSec. 62. The style of the laws of this Commonwealth shall be as \nfollows: \'\'Be it enacted by the General Asse?7ibly of the Common- \nwealth of Kentucky." \n\nCounties and County Seats. \n\nSec. 63. No new county shall be created by the General Assem- \nbly which will reduce the county or counties, or either of them, from \nwhich it shall be taken, to less area than four hundred square miles ; \nnor shall any county be formed of less area ; nor shall any boundary \nline thereof pass within less than ten miles of any county seat of the \ncounty or counties proposed to be divided. Nothing contained herein \nshall prevent the General Assembly from aboHshing any county. \n\nSec. 64. No county shall be divided, or have any part stricken \ntherefrom, except in the formation of new counties, without submit- \nting the question to a vote of the people of the county, nor unless the \nmajority of all the legal voters of the county voting on the question \nshall vote for the same. The county seat of no county as now located, \nor as may hereafter be located, shall be moved, except upon a vote of \ntwo-thirds of those voting ; nor shall any new county be established \nwhich will reduce any county to less than twelve thousand inhabit- \nants, nor shall any county be created containing a less population. \n\nSec. 65. There shall be no territory stricken from any county un- \n\n\n\nCONSTITUTION OF KENTUCKY 237 \n\nless a majority of the voters living in such territory shall petition for \nsuch division ; but the portion so stricken off and added to another \ncounty, or formed in whole or in part into a new county, shall be \nbound for its proportion of the indebtedness of the county from which \nit has been taken. \n\nImpeachments. \n\nSec. 66. The House of Representatives shall have the sole power \nof impeachment. \n\n_ Sec. 67. All impeachments shall be tried by the Senate. When \nsitting for that purpose, the senators shall be upon oath or affirmation. \nNo person shall be convicted without the concurrence of two-thirds \nof the senators present. \n\nSec. 68. The governor and all civil officers shall be liable to im- \npeachment for any misdemeanors in office ; but judgment in such \ncases shall not extend further than removal from office, and disquali- \nfication to hold any office of honor, trust, or profit under this Com- \nmonwealth ; but the party convicted shall, nevertheless, be subject \nand liable to indictment, trial, and punishment bylaw. \n\nThe Executive Department. \nOfficers for the State at Large. \n\nSec. 69. The supreme executive power of the Commonwealth \nshall be vested in a chief magistrate, who shall be styled the " Gov- \nernor of the Commonwealth of Kentucky." \n\nSec. 70. He shall be elected for the term of four years by the \nqualified voters of the State. The person having the highest number \nof votes shall be governor ; but if two or more shall be equal and \nhighest in votes, the election shall be determined by lot in such man- \nner as the General Assembly may direct. \n\nSec. 71. He shall be ineligible for the succeeding four years after \nthe expiration of the term for which he shall have been elected. \n\n_ Sec. 72 He shall be at least thirty years of age, and have been a \ncitizen and a resident of Kentucky for at least six years next preced- \ning his election. \n\nSec. 73. He shall commence the execution of the duties of his \noffice on the fifth Tuesday succeeding his election, and shall continue \nin the execution thereof until his successor shall have qualified. \n\nSec. 1^. He shall at stated times receive for his services a compen- \nsation to be fixed by law. \n\nSec. 75. He shall be commander-in-chief of the army and navy of \nthis Commonwealth, and of the militia thereof, except when they shall \nbe called into the service of the United States ; but he shall not com- \nmand personally in the field, unless advised so to do by a resolution \nof the General Assembly. \n\nSec. 76. He shall have the power, except as otherwise provided \nin this Constitution, to fill vacancies by granting commissions, which \n\n\n\n238 CONSTITUTION OF KENTUCKY \n\nshall expire when such vacancies shall have been filled according to \nthe provisions of this Constitution. \n\nSec. 77. He shall have power to remit fines and forfeitures, com- \nmute sentences, grant reprieves and pardons, except in case of \nimpeachment ; and he shall file with each application therefor a state- \nment of the reasons for his decision thereon, which application and \nstatement shall always be open to public inspection. In cases of \ntreason, he shall have power to grant reprieves until the end of the \nnext session of the General Assembly, in which the power of par- \ndoning shall be vested ; but he shall have no power to remit the fees \nof the clerk, sheriff, or Commonwealth\'s attorney in penal or criminal \ncases. \n\nSec. 78. He may require information in writing from the officers \nof the Executive Department upon any subject relating to the duties \nof their respective offices. \n\nSec. 79. He shall from time to time give to the General Assembly \ninformation of the state of the Commonwealth, and recommend to \ntheir consideration such measures as he may deem expedient. \n\nSec. 80. He may, on extraordinary occasions, convene the General \nAssembly at the seat of government, or at a different place, if that \nshould have become dangerous from an enemy or from contagious \ndiseases. In case of disagreement between the two Houses with re- \nspect to the time of adjournment, he may adjourn them to such \ntime as he shall think proper, not exceeding four months. When \nhe shall convene the General Assembly, it shall be by proclama- \ntion, stating the subjects to be considered, and no others shall be \nconsidered. \n\nSec. 81. He shall take care that the laws be faithfully executed. \n\nSec. 82. A lieutenant-governor shall be chosen at every regular \nelection for governor, in the same manner, to continue in office for \nthe same time, and possess the same qualifications, as the governor. \nHe shall be ineligible to the office of lieutenant-governor for the suc- \nceeding four years after the expiration of the term for which he shall \nhave been elected. \n\nSec. 83. He shall, by virtue of his office, be president of the \nSenate, have a right, when in committee of the whole, to debate and \nvote on all subjects, and, when the Senate is equally divided, to give \nthe casting vote. \n\nSec. 84. Should the governor be impeached, and removed from \noffice, die, refuse to qualify, resign, be absent from the State, or be \nfrom any cause unable to discharge the duties of his office, the lieu- \ntenant-governor shall exercise all the power and authority appertaining \nto the office of governor until another be duly elected and qualified, \nor the governor shall return or be able to discharge the duties of his \noffice. On the trial of the governor, the lieutenant-governor shall \nnot act as president of the Senate or take part in the proceedings, \nbut the chief justice of the Court of Appeals shall preside during the \ntrial. \n\nSec. 85. A president /r^ tempore of the Senate shall be elected by \neach Senate as soon after its organization as possible, the lieutenant \n\n\n\nCONSTITUTION OF KENTUCKY 239 \n\ngovernor vacating his seat as president of the Senate until such elec- \ntion shall be made ; and as often as there is a vacancy in the office of \npresident pro tempore, another president pro tempore of the Senate \nshall be elected by the Senate, if in session. And if, during the \nvacancy of the office of governor, the lieutenant-governor shall be \nimpeached, and removed from office, refuse to qualify, resign, die, or \nbe absent from the State, the \\iXQ.%\\(\\Qn\\. pro tempore of the Senate \nshall in like manner administer the government : provided, whenever \na vacancy shall occur in the office of governor before the first two \nyears of the term shall have expired, a new election for governor \nshall take place to fill such vacancy. \n\nSec. 86. The lieutenant-governor, or president pro tempore of the \nSenate, while he acts as president of the Senate, shall receive for his \nservices the same compensation which shall, for the same period, be \nallowed for the speaker of the House of Representatives ; and during \nthe time he administers the government as governor, he shall receive \nthe same compensation which the governor would have received had \nhe been employed in the duties of his office. \n\nSec. 87. If the lieutenant-governor shall be called upon to admin- \nister the government, and shall, while in such administration, resign, \ndie, or be absent from the State during the recess of the General \nAssembly, if there be no president pro te??ipore of the Senate, it shall \nbe the duty of the secretary of state for the time being to convene \nthe Senate for the purpose of choosing a president; and until a presi- \ndent is chosen, the secretary of state shall administer the government. \nIf there be no secretary of state to perform the duties devolved upon \nhim by this section, or in case that officer be absent from the State, \nthen the attorney-general for the time being shall convene the Sen- \nate for the purpose of choosing a president, and shall administer the \ngovernment until a president is chosen. \n\nSec. 88. Every bill which shall have passed the two Houses shall \nbe presented to the governor. If he approve, he shall sign it ; but if \nnot, he shall return it, with his objections, to the House in which it \noriginated, which shall enter the objections in full upon its journal, \nand proceed to reconsider it. If, after such reconsideration, a ma- \njority of all the members elected to that House shall agree to pass \nthe bill, it shall be sent, with the objections, to the other House, by \nwhich it shall likewise be considered, and, if approved by a majority of \nall the members elected to that House, it shall be a law ; but iu such \ncase the votes of both Houses shall be determined by yeas and nays, \nand the names of the members voting for and against the bill shall \nbe entered upon the journal of each House respectively. If any bill \nshall not be returned by the governor within ten days (Sundays ex- \ncepted) after it shall have been presented to him, it shall be a law in \nlike manner as if he had signed it, unless the General Assembly, by \ntheir adjournment, prevent its return, in which case it shall be a law, \nunless disapproved by him within ten days after the adjournment, in \nwhich case his veto message shall be spread upon the register kept \nby the secretary of state. The governor shall have power to disap- \nprove any part or parts of appropriation bills embracing distinct \n\n\n\n240 CONSTITUTION OF KENTUCKY \n\nitems, and the part or parts disapproved shall not become a law unless \nreconsidered and passed, as in case of a bill. \n\nSec. 8g. Every order, resolution, or vote in which the concurrence \nof both Houses may be necessary, except on a question of adjourn- \nment, or as otherwise provided in this Constitution, shall be pre- \nsented to the governor, and, before it shall take effect, be approved \nby him, or, being disapproved, shall be repassed by a majority of the \nmembers elected to both Houses, according to the rules and limita- \ntions prescribed in case of a bill. \n\nSec. qo. Contested elections for governor and lieutenant-governor \nshall be determined by both Houses of the General Assembly, accord- \ning to such regulations as may be established by law. \n\nSec. 91. A treasurer, auditor of public accounts, register of the \nland office, commissioner of agriculture, labor, and statistics, secretary \nof state, attorney-general, and superintendent of public instruction, \nshall be elected by the qualified voters of the State at the same time \nthe governor is elected, for the term of four years, each of whom \nshall be at least thirty years of age at the time of his election, and \nshall have been a resident citizen of the State at least two years next \nbefore his election. The duties of all these officers shall be such as \nmay be prescribed by law ; and the secretary of state shall keep a fair \nregister of and attest all the official acts of the governor, and shall, \nwhen required, lay the same, and all papers, minutes, and vouchers \nrelative thereto, before either House of the General Assembly. The \nofficers named in this section shall enter upon the discharge of their \nduties the first Monday in January after their election, and shall hold \ntheir offices until their successors are elected and qualified. \n\nSec. 92. The attorney-general shall have been a practicing lawyer \neight years before his election. \n\nSec. 93. The treasurer, auditor of public accounts, secretary of \nstate, commissioner of agriculture, labor, and statistics, attorney-gen- \neral, superintendent of public instruction, and register of the land \noffice shall be ineligible to reelection for the succeeding four years \nafter the expiration of the term for which they shall have been \nelected. The duties and responsibilities of these officers shall be pre- \nscribed by law, and all fees collected by any of said officers shall be \ncovered into the treasury. Inferior State officers, not specifically \nprovided for in this Constitution, -may be appointed or elected, in \nsuch manner as may be prescribed by law, for a term not exceeding \nfour years, and until their successors are appointed or elected and \nqualified. \n\nSec. 94. The General Assembly may provide for the abolishment \nof the office of the register of the land office, to take effect at the \nend of any term, and shall provide by law for the custody and preser- \nvation of the papers and records of said office, if the same be \nabolished. \n\nSec. 95. The election under this Constitution for governor, lieu- \ntenant-governor, treasurer, auditor of public accounts, register of the \nland office, attorney-general, secretary of state, superintendent of \npublic instruction, and commissioner of agriculture, labor, and statis- \n\n\n\nCONSTITUTION OF KENTUCKY \n\n\n\n241 \n\n\n\ntics, shall be held on the first Tuesday after the first Monday in \nNovember, eighteen hundred and ninety- five, and the same day every \nfour years thereafter. ^ \n\nSec. g6. All the officers mentioned in section ninety-five shall be \npaid for their services by salary, and not otherwise. \n\nOfficers for Districts and Counties. \n\nSec. 97. At the general election in eighteen hundred and ninety- \ntwo there shall be elected in each circuit court district a Common- \nwea th s attorney, and in each county a clerk of the circuit court, who \nshall enter upon the discharge of the duties of their respective offices \nT \xe2\x80\xa2 n?\'\'^^ Monday in January after their election, and shall hold \ntheir offices five years, and until their successors are elected and \nqualified. In the year eighteen hundred and ninety-seven, and every \nsix years thereafter, there shall be an election in each county for a \ncircuit court clerk, and for a Commonwealth\'s attorney in each circuit \ncourt district, unless that office be abolished, who shall hold their \nrespective offices for six years from the first Monday in January after \ntheir election, and until the election and qualification of their sue- \n\nr\xc2\xbbr*ccr\\rc \n\n\n\ncessors. \n\n\n\nSec. 98. The compensation of the Commonwealth\'s attorney shall \nbe by salary and such percentage of fines and forfeitures as may be \nfixed by law, and such salary shall be uniform in so far as the same \nshall be paid out of the State treasury, and not to exceed the sum of \nfive hundred dollars per annum ; but any county may make addi- \ntional compensation, to be paid by said county. Should any per- \ncentage of fines and forfeitures be allowed by law, it shall not be paid \nexcept upon such proportion of the fines and forfeitures as have been \ncollected and paid into the State treasury, and not until -so collected \nand paid. \n\nSec. 99 There shall be elected in eighteen hundred and ninety, \ntour in each county a judge of the county court, a county court clerk \na county attorney, sheriff, jailer, coroner, surveyor, and assessor, and \nin each justice s district one justice of the peace and one constable, \nwho ^hall enter upon the discharge of the duties of their offices on the \nfirst Monday in January after their election, and continue in office \nthree years, and until the election and qualification of their succes- \nsors ; and in eighteen hundred and ninety-seven, and every four years \nthereafter there shall be an election in each county of the officers \nmentioned, who shall hold their offices four years (from the first \nMonday m January after their election), and until the election and \nqualification of their successors. The first election of sheriffs under \nthis Constitution shall beheld in eighteen hundred and ninety-two. \nand the sheriffs then elected shall hold their offices two years, and \nuntil the election and qualification of their successors. The sheriffs \nnow in office for their first term shall be eligible to reelection in \neighteen hundred and ninety-two, and those elected in eighteen hun- \ndred and ninety-two for the first term shall be eligible to reelection \nin eighteen hundred and ninety-four, but thereafter no sheriff shaJl \n\n\n\nKENT. HIST.. \xe2\x80\x94 l6 \n\n\n\n242 CONSTITUTION OF KENTUCKY \n\nbe eligible to reelection or to act as deputy for the succeeding \nterm. \n\nSec. ioo. No person shall be eligible to the offices mentioned in \nsections ninety-seven and ninety-nine who is not at the time of his \nelection twenty-four years of age (except clerks of county and circuit \ncourts, who shall be twenty-one years of age), a citizen of Kentucky, \nand who has not resided in the State two years, and one year next \npreceding his election in the county and district in which he is a can- \ndidate. No person shall be eligible to the office of Commonwealth\'s \nattorney unless he shall have been a licensed practicing lawyer four \nyears. No person shall be eligible to the office of county attorney \nunless he shall have been a licensed practicing lawyer two years. No \nperson shall be eligible to the office of clerk unless he shall have pro- \ncured from a judge of the Court of Appeals, or a judge of a circuit \ncourt, a certificate that he has been examined by the clerk of his \ncourt under his supervision, and that he is qualified for the office \nfor which he is a candidate. \n\nSec. ioi. Constables shall possess the same qualifications as sher- \niffs, and their jurisdiction shall be coextensive with the counties in \nwhich they reside. Constables now in office shall continue in office \nuntil their successors are elected and qualified. \n\nSec. I02. When a new county shall be created, officers for the \nsame, to serve until the next regular election, shall be elected or \nappointed in such way and at such times as the General Assembly \nmay prescribe. \n\nSec. 103. The judges of county courts, clerks, sheriffs, surveyors, \ncoroners, jailers, constables, and such other officers as the General \nAssembly may from time to time require, shall, before they enter \nupon the duties of their respective offices, and as often thereafter as \nmay be deemed proper, give such bond and security as may be pre- \nscribed by law. \n\nSec. 104. The General Assembly may abolish the office of assessor, \nand provide that the assessment of property shall be made by other \nofficers ; but it shall have power to reestablish the office of assessor \nand prescribe his duties. No person shall be eligible to the office of \nassessor two consecutive terms. \n\nSec. 105. The General Assembly may at any time consolidate the \noffices of jailer and sheriff in any county or counties, as it shall deem \nmost expedient ; but, in the event such consolidation be made, the \noffice of sheriff shall be retained, and the sheriff shall be required to \nperform the duties of jailer. \n\nSec. 106. The fees of county officers shall be regulated by law. \nIn counties or cities having a population of seventy-five thousand or \nmore, the clerks of the respective courts thereof (except the clerk of \nthe city court), the marshals, the sheriffs, and the jailers shall be \npaid out of the State treasury, by salary to be fixed by law, the \nsalaries of said officers and of their deputies and necessary office \nexpenses not to exceed seventy-five per centum of the fees collected \nby said officers respectively, and paid into the treasury. \n\nSec. 107. The General Assembly may provide for the election or \n\n\n\nCONSTITUTION OF KENTUCKY 243 \n\nappointment, for a term not exceeding four years, of such other \ncounty or district ministerial and executive officers as may from time \nto time be necessary. \n\nSec. 108. The General Assembly may, at any time after the expira- \ntion of six years from the adoption of this Constitution, abolish the \noffice of Commonwealth\'s attorney, to take effect upon the expiration \nof the terms of the incumbents, in which event the duties of said \noffice shall be discharged by the county attorneys. \n\nThe Judicial Department. \n\nSec. 109, The judicial power of the Commonwealth, both as to \nmatters of law and equity, shall be vested in the Senate when sitting \nas a court of impeachment, and one Supreme Court (to be styled the \nCourt of Appeals), and the courts established by this Constitution. \n\nCourt of Appeals. \n\nSec. iio. The Court of Appeals shall have appellate jurisdiction \nonly, which shall be coextensive with the State, under such restric- \ntions and regulations, not repugnant to this Constitution, as may from \ntime to time be prescribed by law. Said court shall have power to \nissue such writs as may be necessary to give it a general control of \ninferior jurisdictions. \n\nSec. III. The Court of Appeals shall be held at the seat of govern- \nment ; but if that shall become dangerous, in case of war, insurrection, \nor pestilence, it may adjourn to meet and transact its business at such \nother place in the State as it may deem expedient for the time being. \n\nSec. 112. The judges of the Court of Appeals shall severally hold \ntheir offices for the term of eight years, commencing on the first \nMonday in January next succeeding their respective elections, and \nuntil their several successors are qualified, subject to the conditions \nhereinafter prescribed. For any reasonable cause the governor shall \nremove them, or any one or more of them, on the address of two- \nthirds of each House of the General Assembly. The cause or causes \nfor which said removal shall be required shall be stated at length in \nsuch address and in the journal of each House. They shall at stated \ntimes receive for their services an adequate compensation, to be fixed \nby law. \n\nSec. 113. The Court of Appeals shall, after eighteen hundred and \nninety-four, consist of not less than five nor more than seven judges. \nThey shall severally, by virtue of their office, be conservators of the \npeace throughout the State, and shall be commissioned by the governor. \n\nSec. 114. No person shall be eligible to election as a judge of the \nCourt of Appeals who is not a citizen of Kentucky, and has not \nresided in this State five years, and in the district in which he is \nelected two years, next preceding his election, and who is less than \nthirty-five years of age, and has not been a practicing lawyer eight \nyears, or whose services upon the bench of a circuit court or court of \n\n\n\n244 CONSriTUTION OF KENTUCKY \n\nsimilar jurisdiction, when added to the time he may have practiced \nlaw, shall not be equal to eight years. \n\nSec. 115. The present judges of the Court of Appeals shall hold \ntheir offices until their respective terms expire, and until their several \nsuccessors shall be qualified ; and at the regular election next pre- \nceding the expiration of the term of each of the present judges, his \nsuccessor shall be elected. The General Assembly shall, before the \nregular election in eighteen hundred and ninety-four, provide for the \nelection of such judges of the Court of Appeals, not less than five nor \nexceeding seven, as may be necessary ; and if less than seven judges \nbe provided for, the General Assembly may at any time increase the \nnumber to seven. \n\nSec. 116. The judges of the Court of Appeals shall be elected by \ndistricts. The General Assembly shall, before the regular election in \neighteen hundred and ninety-four, divide the State, by counties, into \nas many districts, as nearly equal in population and as compact in \nform as possible, as it may provide shall be the number of judges of \nthe Court of Appeals ; and it may, every ten years thereafter, or when \nthe number of judges requires it, redistrict the State in like manner. \nUpon the creation of new or additional districts, the General Assem- \nbly shall designate the year in which the first election for a judge of \nthe Court of Appeals shall be held in each district, so that not more \nthan the number of judges provided for shall be elected, and that no \njudge may be deprived of his office until the expiration of the term \nfor which he was elected. \n\nSec. 117. A majority of the judges of the Court of Appeals shall \nconstitute a quorum for the transaction of business, but in the event \nas many as two decline, on account of interest or for other reason, to \npreside in the trial of any cause, the governor, on t^iat fact being cer- \ntified to h\'m by the chief justice, shall appoint to try the particular \ncause a sufficient number of judges to constitute a full court. The \njudges so appointed shall possess the qualifications prescribed for \njudges of the Court of Appeals, and receive the same compensation, \nproportioned to the length of service. \n\nSec. 118. The judge longest in commission as judge of the Court \nof Appeals shall be chief justice, and if the term of service of two or \nmore judges be the same, they shall determine by lot which of their \nnumber shall be chief justice. The court sliall prescribe by rule that \npetitions for rehearing shall be considered by a judge who did not \ndeliver the opinion in the case ; and the ccurt, if composed of seven \njudges, shall divide itself into sections for the transaction of business, \nif, in the judgment of the court, such arrangement is necessary. \n\nSec. 119. The Superior Court shall continue until the terms of the \npresent judges of said court expire ; nnd upon the expiration of their \nterms, all causes pending before the Superior Court shall be trans- \nferred to the Court of Appeals, and be determined by it. \n\nSec. 120. The present clerk of the Court of Appeals shall serve \nuntil the expiration of the term for which he was elected, and until \nhis successor is elected and qualified. At the election in the year \neighteen hundred and ninety-seven there shall be elected by the \n\n\n\nCONSTITUTION OF KENTUCKY 245 \n\nqualified voters of the State a clerk of the Court of Appeals, who shall \ntake his office the first Monday in September, eighteen hundred \nand ninety-eight, and who shall hold his office until the regular \nelection in nineteen hundred and three, and until his successor shall \nbe elected and qualified. In nineteen hundred and three, and there- \nafter, the clerk of the Court of Appeals shall be elected at the same \ntime as the governor, for the term of four years ; and the said clerk \nshall take his office on the first Monday in January following his \nelection, and shall hold his office until his successor is elected and \nqualified. The clerk shall be ineligible for the succeeding term. \n\nSec. 121. No person shall be eligible to the office of clerk of the \nCourt of Appeals unless he is a citizen of Kentucky, a resident \nthereof for two years next preceding his election, of the age of twenty- \none years, and have a certificate from a judge of the Court of Appeals \nthat he has been examined by him, or by the clerk of his court under \nhis supervision, and that he is qualified for the office. \n\nSec. 122. Should a vacancy occur in the office of the clerk of the \nCourt of Appeals, or should the clerk be under charges, the Court of \nAppeals shall have power to appoint a clerk until the vacancy be \nfilled as provided in this Constitution, or until the clerk be acquitted. \n\nSec. 123. The style of process shall be "The Commonwealth of \nKentucky." All prosecutions shall be carried on in the name and by \nthe authority of the "Commonwealth of Kentucky," and conclude \nagainst the peace and dignity of the same. \n\nSec. 124. The clerks of the Court of Appeals, circuit and county \ncourts, shall be removable from office by the Court of Appeals, upon \ninformation and good cause shown. The court shall be judge of the \nfacts as well as the law. Two-thirds of the members present must \nconcur in the sentence. \n\nCircuit Courts. \n\nSec. 125. A circuit court shall be established in each county now \nexisting, or which mny hereafter be created, in this Commonwealth, \n\nSec. 126. The jurisdiction of said court shall be and remain as \nnow established, hereby giving to the General Assembly the power to \nchange it. \n\nSec. 127. The right to appeal or sue out a writ of error shall re- \nmain as it now exists until altered by law, hereby giving to the Gen- \neral Assembly the power to change or modify said right. \n\nSec. 128. At its first session after the adoption of this Constitution, \nthe General Assembly, having due regard to territory, business, and \npopulation, shall divide the State into a sufficient nurnber of judicial \ndistricts to carry into effect the provisions of this Constitution con- \ncerning circuit courts. In making such apportionment, no county shall \nbe divided ; and the number of said districts, excluding those in coun- \nties having a population of one hundred and fifty thousand, shall not \nexceed one district for each sixty thousand of the population of the \nentire State, \n\nSec. 129. The General Assembly shall, at the same time the judi- \n\n\n\n246 CONSTITUTION OF KENTUCKY \n\ncial districts are laid off, direct elections to be held in each district to \nelect a judge therein. The first election of judges of the circuit courts \nunder this Constitution shall take place at the annual election in the \nyear eighteen hundred and ninety-two, and the judges then elected \nshall enter upon the discharge of the duties of their respective offices \non the first Monday in January after their election, and hold their \noffices five years, and until their successors are elected and qualified. \nAt the general election in eighteen hundred and ninety-seven, and \nevery six years thereafter, there shall be an election for judges of the \ncircuit courts, who shall hold their offices for six years from the first \nMonday in January succeeding their election. They shall be com- \nmissioned by the governor, and continue in office until their successors \nshall have been qualified, but shall be removable in the same manner \nas the judges of the Court of Appeals. The removal of a judge from \nhis district shall vacate his office. \n\nSec. 130. No person shall be eligible as judge of the circuit court \nwho is less than thirty-five years of age when elected, who is not a \ncitizen of Kentucky, and a resident of the district in which he may be \na candidate two years next preceding his election, and who has not \nbeen a practicing lawyer eight years. \n\nSec. 131. There shall be at least three regular terms of circuit court \nheld in each county every year. \n\nSec. 132. The General Assembly when deemed necessary, may \nestablish additional districts ; but the whole number of districts, ex- \nclusive of counties having a population of one hundred and fifty thou- \nsand, shall not exceed at any time one for every sixty thousand of \npopulation of the State according to the last enumeration. \n\nSec. 133. The judges of the circuit court shall at stated times \nreceive for their services an adequate compensation to be fixed by law, \nwhich shall be equal and uniform throughout the State, so far as the \nsame shall be paid out of the State treasury. \n\nSec. 134. The judicial districts of the State shall not be changed \nexcept at the first session after an enumeration, unless upon the estab- \nlishment of a new district. 1 \nSec. 135. No courts save those provided for in this Constitution\', \nshall be established. \n\nSec. 136. The General Assembly shall provide by law for holding \ncircuit courts, when from any cause the judge shall fail to attend, or, \nif in attendance, cannot properly preside. \n\nSec. 137. Each county having a population of one hundred and \nfifty thousand, or over, shall constitute a district, which shall be en- \ntitled to four judges. Additional judges for said district may from \ntime to time be authorized by the General Assembly, but not to exceed \none judge for each increase of forty thousand of population in said \ncounty, to be ascertained by the last enumeration. Each of the judges \nin such a district shall hold a separate court, except when a general \nterm may be held for the purpose of making rules of court, or as may \nbe required by law : provided no general term shall have power to re- \nview any order, decision, or proceeding of any branch of the court in \nsaid district made in separate term. There shall be one clerk for \n\n\n\nCONSTITUTION OF KENTUCKY 247 \n\nsuch district, who shall be known as the clerk of the circuit court. \nCriminal causes shall be under the exclusive jurisdiction of some one \nbranch of said court ; and all other litigation in said district, of which \nthe circuit court may have jurisdiction, shall be distributed as equally \nas may be between the other branches thereof, in accordance with the \nrules of the court made in general term or as may be prescribed by \nlaw. \n\nSec. 138. Each county having a city of twenty thousand inhabit- \nants, and a population, including said city, of forty thousand or more, \nmay consiitute a district ; and when its population reaches seventy-five \nthousand, the General Assembly may provide that it shall have an \nadditional judge, and such district may have a Judge for each addi- \ntional fifty thousand population above one hundred thousand. And \nin such counties the General Assembly shall by proper laws direct in \nwhat manner the court shall be held and the business therein con- \nducted. \n\nQuarterly Courts. \n\nSec. 139. There shall be established in each county now existing. \nor which may be hereafter created, in this State, a court, to be styled \nthe \'* quarterly court," the jurisdiction of which shall be uniform \nthroughout the State, and shall be regulated by a general law, and, \nuntil changed, shall be the same as that now vested by law in the \nquarterly courts of this Commonwealth. The judges of the county \ncourt shall be the judges of the quarterly courts. \n\nCounty Courts. \n\nSec. 140. There shall be established in each county now existing, \nor which may be hereafter created, in this State, a court, to be styled \nthe " county court," to consist of a judge, who shall be a conservator \nof the peace, and shall receive such compensation for his services as \nmay be prescribed by law. He shall be commissioned by the gover- \nnor, and shall vacate his office by removal from the county in which \nhe may have been e\'ected. \n\nSec. 141. The jurisdiction of the county court shall be uniform \nthroughout the State, and shall be regulated by general law, and, until \nchanged, shall be the same as now vested in the county courts of this \nState by law. \n\nJustices\' Courts. \n\nSec. 142. Each county now existing, or which may hereafter be \ncreated, in this State, shall be laid off into districts in such manner as \nthe General Assembly may direct ; but no county shall have less than \nthree nor more than eight districts, in each of which districts one jus- \ntice of the peace shall be elected as provided in section ninety-nine. \nThe General Assembly shall make provisions for regulating the num- \nber of said districts from time to time within the limits herein pre- \nscribed, and for fixing the boundaries thereof. The jurisdiction of \n\n\n\n248 \n\n\n\nCONSTITUTION OF KENTUCKY \n\n\n\njustices of tbe peace shall be coextensive with the county, and shall \nbe equal and uniform throughout the State. Justices of the peace \nshall be conservators of the peace. They shall be commissioned by \nthe governor, and shall vacate their ofifices by removal from the dis- \ntricts, respectively, in which they may have been elected. \n\n\n\nPolice Courts. \n\nSec. 143. A police court may be established in each city and town \nin this State, with jurisdiction in cases of violation of municipal ordi- \nnances and by-laws occurring within the corporate limits of the city or \ntown in which it is established, and such criminal jurisdiction within \nthe said limits as justices of the peace have. The said courts may be \nauthorized to act as examining courts, but shall have no civil jurisdic- \ntion : provided, the General Assembly may confer civil jurisdiction on \npolice courts in cities and towns of the fourth and fifth classes and in \ntowns of the sixth class having a population of two hundred and fifty \nor more, which jurisdiction shall be uniform throughout the State, \nand not exceed that of justices of the peace. \n\nFiscal Courts. \n\nSec. 144. Counties shall have a fiscal court, which may consist of \nthe judge of the county court and the justices of the peace, in which \ncourt the judge of the county court shall preside, if present ; or a \ncounty may have three commissioners, to be elected from the county \nat large, who, together with the judge of the county court, shall con- \nstitute the fiscal court. A majority of the members of said court shall \nconstitute a court for the transaction of business ; but where, for \ncounty governmental purposes, a city is by law separated from the \nremainder of the county, such commissioners may be elected from the \npart of the county outside of such city. \n\nSuffrage and Elections. \n\nSec. 145. Every male citizen of the United States of the age of \ntwenty-one years, who has resided in the State one year, and in the \ncounty six months, and in the precinct in which he offers to vote sixty \ndays, next preceding the election, shall be a voter in said precinct, and \nnot elsewhere ; but the following persons are excepted, and shall not \nhave the right to vote : \xe2\x80\x94 \n\n1. Persons convicted, in any court of competent jurisdiction, of trea- \nson, or felony, or bribery in an election, or of such high misdemeanor \nas the General Assembly may declare shall operate as an exclusion \nfrom the right of suffrage ; but persons hereby excluded may be re- \nstored to their civil rights by Executive pardon. \n\n2. Persons who, at the time of the election, are in coafinement \nunder the judgment of a court for some penal offense. \n\n3. Idiots and insane persons. \n\n\n\nCONSTITUTION OF KENTUCKY 249 \n\nSec. 146. No person in the military, naval, or marine service of \nthe United States shall be deemed a resident of this State by reason of \nbeing stationed within the same. \n\nSec. 147. The General Assembly shall provide by law for the regis- \ntration of all persons entitled to vote in cities and towns having a \npopulation of five thousand or more, and may provide by general law \nfor the registration of other voters in the State. Where registration \nis required, only persons registered shall have the right to vote. The \nmode of registration shall be prescribed by the General Assembly. \nIn all elections by persons in a representative capacity, the voting \nshall be viva voce, and made a matter of record ; but all elections by \nthe people shall be by secret official ballot, furnished by public author- \nity to the voters at the polls, and marked by each voter in private at \nthe polls, and then and there deposited. The word "elections" in \nthis section includes the decision of questions submitted to the voters, \nas well as the choice of officers by them. The first General Assembly \nheld after the adoption of this Constitution shall pass all necessary \nlaws to enforce this provision, and shall provide that persons illiter- \nate, blind, or in any way disabled, may have their ballots marked as \nherein required. \n\nSec. 148. Not more than one election each year shall be held in \nthis State or in any city, town, district, or county thereof, except as \notherwise provided in this Constitution. All elections of State, \ncounty, city, town, or district officers shall be held on the first Tues- \nday after the first Monday in November ; but no officer of any city, \ntown, or county, or of any subdivision thereof, except members of \nmunicipal legislative boards, shall be elected in the same year in \nwhich meml^ers of the House of Representatives of the United States \nare elected. District or State officers, including members of the Gen- \neral Assembly, may be elected in the same year in which members of \nthe Mouse of Representatives of the United States are elected. All \nelections by the people shall be between the hours of six o\'clock a.m. \nand seven o\'clock p.m., but the General Assembly may change said \nhours, and all officers of any election shall be residents and voters in \nthe precinct in which they act. The General Assembly shall. provide \nby law that all employers shall allow employees, under reasonable regu- \nlations, at least four hours on election days, in which to cast their votes. \n\nSec. 149. Voters, in all cases except treason, felony, breach or \nsurety of the peace, or violation of the election laws, shall be privi- \nleged from arrest during their attendance at elections, and while they \nare going to and returning therefrom. \n\nSec. 150. Every person shall be disqualified from holding any office \nof trust or profit for the term for which he shall have been elected, \nwho shall be convicted of having given, or consented to the giving, \noffer, or promise of. any money or other thing of value, to procure \nhis election, or to influence the vote of any voter at such election ; \nand if any corporation shall, directly or indirectly, offer, promise, or \ngive, or shall authorize, directly or indirectly, any person to offer, \npromise, or give, any money or any thing of value to influence the \nresult of any election in this State, or the vote of any voter authorized \n\n\n\n250 CONSTITUTION OF KENTUCKY \n\nto vote therein, or who shall afterward reimburse or compensate, in \nany manner whatever, any person who shall have offered, promised, \nor given any money or other thing of value to influence the result of \nany election or the vote of any such voter, such corporation, if organ- \nized under the laws of this Commonwealth, shall, on conviction there- \nof, forfeit its charter and all rights, privileges, and immunities there- \nunder ; and if chartered by another State, and doing business in this \nState, whether by license or upon mere sufferance, such corporation, \nupon conviction of either of the offenses aforesaid, shall forfeit all \nright to carry on any business in this State : and it shall be the duty \nof the General Assembly to provide for the enforcement of the pro- \nvisions of this section. All persons shall be excluded from office who \nhave been, or shall hereafter be. convicted of a felony, or of such high \nmisdemeanor as may be prescribed by law ; but such disability may \nbe removed by pardon of the governor. The privilege of free suf- \nfrage shall be supported by laws regulating elections, and prohibiting, \nunder adequate penalties, all undue influence thereon, from power, \nbribery, tumult, or other improper practices. \n\nSec. 151. The General Assembly shall provide suitable means for \ndepriving of office any person who, to procure his nomination or elec- \ntion, has, in his canvass or election, been guilty of any unlawful use \nof money, or other thing of value, or has been guilty of fraud, intimi- \ndation, bribery, or any other corrupt practice ; and he shall be held \nresponsible for acts done by others with his authority, or ratified by \nhim. \n\nSec. 152. Except as otherwise provided in this Constitution, vacan- \ncies in all elective offices shall be filled by election or appointment, as \nfollows : if the unexpired term will end at the next succeeding \nannual election at which either city, town, county, district, or State \nofficers are to be elected, the office shall be filled by appointment for \nthe remainder of the term ; if the unexpired term will not end at the \nnext succeeding annual election at which either city, town, county, \ndistrict, or State officers are to be elected, and if three months inter- \nvene before said succeeding annual election at which either city, town, \ncounty, district, or State officers are to be elected, the office shall be \nfilled by appointment until said election, and then said vacancy shall \nbe filled by election for the remainder of the term ; if three months \ndo not intervene between the happening of said vacancy and the next \nsucceeding election at which city, town, county, district, or State \nofficers are to be elected, the office shall be filled by appointment \nuntil the second succeeding annual election at which city, town, \ncounty, district, or State officers are to be elected ; and then, if any \npart of the term remains unexpired, the office shall be filled by elec- \ntion until the regular time for the election of officers to fill said offices. \nVacancies in all offices for the State at large, or for districts larger \nthan a county, shall be filled by appointment of the governor : all \nother appointments shall be made as m.ay be prescribed by law. No \nperson shall ever be appointed a member of the General Assembly, \nbut vacancies therein may be filled at a special election, in such man \nner as may be provided by law. \n\n\n\nCX3NSTITUT10N OF KENTUCKY 2$ I \n\nSec. 153. Except as otherwise herein expressly provided, the Gen- \neral Assembly shall have power to provide by general law for the \nmanner of voting, for ascertaining the result of elections and making \ndue returns thereof, for issuing certificates or commissions to all per- \nsons entiiled thereto, and for the trial of contested elections. \n\nSec. 154. The General Assembly shall prescribe such laws as may \nbe necessary for the restriction or prohibition of the sale or gift of \nspirituous, vinous, or malt liquors on election days. \n\nSec. 155. The _;Arovisions of sections one hundred and forty-five to \none hundred and fifty-four, inclusive, shall not apply to the election \nof school trustees and other common school district elections. Said \nelections shall be regulated by the General Assembly, except as other- \nwise provided in this Constitution. \n\nMunicipalities. \n\nSec. 156. The cities and towns of this Commonwealth, for the \npurposes of their organization and government, shall be divided into \nsix classes. The organization and powers of each class shall be \ndefined and provided for by general laws, so that all municipal cor- \nporations of the same class shall possess the same powers, and be \nsubject to the same restrictions. To the first class shall belong cities \nwith a population of one hundred thousand or more ; to the second \nclass, cities with a population of twenty thousand or more, and less \nthan one hundred thousand ; to the third class, cities with a popula- \ntion of eight thousand or more, and less than twenty thousand ; to \nthe fourth class, cities and towns with a population of three thou- \nsand or more, and less than eight thousand ; to the fifth class, cities \nand towns with a population of one thousand or more, and less than \nthree thousand ; to the sixth class, towns with a population of less \nthan one thousand. The General Assembly shall assign the cities \nand towns of the Commonwealth to the classes to which they respec- \ntively belong, and change assignments made as the population of \nsaid cities and towns may increase or decrease, and, in the absence of \nother satisfactory information as to their population, shall be gov- \nerned by the last preceding Federal census in so doing ; but no city \nor town shall be transferred from one class to another, except in pur- \nsuance of a law previously enacted and providing therefor. The \nGeneral Assembly, by a general law, shall provide how towns may be \norganized, and enact laws for the government of such towns until the \nsame are assigned to one or the other of the classes above named ; \nbut such assignment shall be made at the first session of the General \nAssembly after the organization of said town or city. \n\nSec. 157. The tax rate of cities, towns, counties, taxing districts, \nand other municipalities, for other than school purposes, shall not at \nany time exceed the following rates upon the value of the taxable \nproperty therein : viz., for all towns or cities having a population of \nfifteen thousand or more, one dollar and fifty cents on the hundred \ndollars ; for all towns or cities having less than fifteen thousand and \nnot less than ten thousand, one dollar on the hundred dollars ; for all \n\n\n\n252 CONSTITUTION OF KENTUCKY \n\ntowns or cities having less than ten thousand, seventy-five cents on \nthe hundred dollars ; and for counties and taxing districts, fifty cents \non the hundred dollars ; unless it should be necessary to enable such \ncity, town, county, or taxing district to pay the interest on, and prO\' \nvide a sinking fund for the extinction of, indebtedness contracted \nbefore the adoption of this Constitution. No county, city, town, tax- \ning district, or other municipality shall be authorized or permitted to \nbecome indebted, in any manner or for any purpose, to an amount \nexceeding, in any year, the income and revenue provided for such \nyear, without the assent of two-thirds of the voters thereof, voting at \nan election to be held for that purpose ; and any indebtedness con- \ntracted in violation of this section shall be void. Nor shall such con- \ntract be enforceable by the person with whom made ; nor shall such \nmunicipality ever be authorized to assume the same. \n\nSec. 158. The respective cities, towns, counties, taxing districts, \nand municipalities shall not be authorized or permitted to incur in- \ndebtedness to an amount, including existing indebtedness, in the \naggregate exceeding the following-named maximum percentages on \nthe value of the taxable property therem, to be estimated by the as- \nsessment next before the last assessment previous to the incurring of \nthe indebtedness : viz., cities of the first and second classes, and of \nthe third class having a population exceeding fifteen thousand, ten per \ncentum ; cities of the third class having a population of less than fifteen \nthousand, and cities and towns of the fourth class, five per centum ; \ncities and towns of the fifth and sixth classes, three per centum ; and \ncounties, taxing districts, and other municipalities, two per centum : \nprovided any city, town, county, taxing district, or other municipality \nmay contract an indebtedness in excess of such limitations, when the \nsame has been authorized under laws in force prior to the adoption of \nthis Constitution, or when necessary for the completion of and pay- \nment for a public improvement undertaken and not completed and \npaid for at the time of the adoption of this Constitution ; aiid p7\'omded, \nfurther, if, at the time of the adoption of this Constitution, the \naggregate indebtedness, bonded or floating, of any city, town, county, \ntaxing district, or other municipality, including that which it has been \nor may be authorized to contract as herein provided, shall exceed the \nlimit herein prescribed, then no such city or town shall be authorized \nor permitted to increase its indebtedness in an amount exceeding two \nper centum, and no such county, taxing district, or other municipality, \nin an amount exceeding one per centum, in the aggregate upon the \nvalue of the taxable property therein, to be ascertained as herein pro- \nvided, until the aggregate of its indebtedness shall have been reduced \nbelow the limit herein fixed ; and thereafter it shall not exceed the \nlimit, unless in case of emergency the public health or safety should \nso require. Nothing herein shall prevent the issue of renewal bonds, \nor bonds to fund the floating indebtedness of any city, town, county, \ntaxing district, or other municipality. \n\nSec. 159. Whenever any county, city, town, taxing district, or other \nmunicipality is authorized to contract an indebtedness, it shall be re- \nquired at the same time to provide for the collection of an annual tax \n\n\n\nCONSTITUTION OF KENTUCKY 253 \n\nsufficient to pay the interest on said indebtedness, and to create a \nsinking fund for the payment of the principal thereof, within not \nmore than forty years from the time of contracting the same. \n\nSec. 160. The mayor or chief executive, police judges, members of \nlegislative boards or councils of towns and cities, shall be elected by \nthe qualified voters \\.h^x&oi \\ provided the mayor or chief executive \nand police judges of the towns of the fourth, fifth, and sixth classes \nmay be appointed or elected as provided by law. The terms of office \nof mayors or chief executives and police judges shall be four years and \nuntil their successors shall be quahfied ; and of members of legisla- \ntive boards, two years. When any city of the first or second class is \ndivided into wards or districts, members of legislative boards shall be \nelected at large by the qualified voters of said city, but so selected \nthat an equal proportion thereof shall reside in each of the said wards \nor districts ; but when in any city of the first, second, or third class \nthere are two legislative boards, the less numerous shall be selected \nfrom and elected by the voters at large of said city ; but other officers \not towns or cities shall be elected by the qualified voters therein, or \nappointed by the local authorities thereof, as the General Assembly \nmay, by a general law, provide ; but when elected by the voters of a \ntown or city, their terms of office shall be four years, and until their \nsuccessors shall be qualified. No mayor or chief executive or fiscal \nofficer of any city of the first or second cla^s, after the expiration of \nthe term of office to which he has been elected under this Constitution \nshall be eligible for the succeeding term. "Fiscal officer" shall not \ninclude an auditor or assessor, or anv other officer whose chief duty is \nnot the collection or holding of public moneys. The General Assem- \nbly shall prescribe the qualifications of all officers of towns and cities \nthe manner in and causes for which they may be removed from office\' \nand how vacancies in such offices may be filled. \' \n\nSec. 161 The compensation of any city, county, town, or munici- \npal officer shall not be changed after his election or appointment, or \nduring his term of office ; nor shall the term of any such officer be \nextended beyond the period for which he may have been elected or \nappointed. \n\nSec 162. No county, city, town, or other municipality shall ever \nbe authorized or permitted to pay any claim created against it, under \nany agreement or contract made without express authority of law \nand all such unauthorized agreements or contracts shall be null and \nvoid. \n\nSec. 163. No street railway, gas, water, steam-heating, telephone. \' \nor electric-light company, within a city or town, shall be permitted \nor authorized to construct its tracks, lay its pipes or mains, or erect \nIts poles, posts, or other apparatus along, over, under, or across the \nstreets alleys, or public grounds of a city or town, without the con- \nsent of the proper legislative bodies or boards of such city or town \nbeing first obtained ; but when charters have been heretofore granted \nconferring such rights, and work has in good faith been becrun there- \nunder, the provisions of this section shall not apply. \n\nSec. 164. No county, city, town, taxing district, or other munici- \n\n\n\n254 CONSTITUTION OF KENTUCKY \n\npality shall be authorized or permitted to grant any franchise or privi- \nlege, or make any contract in reference thereto, for a term exceeding \ntwenty years. Before granting such franchise or privilege for a term \nof years, such municipality shall first, after due advertisement, re- \nceive bids therefor publicly, and award the same to the highest and \nbest bidder ; but it shall have the right to reject any or all bids. \nThis section shall not apply to a trunk railway. \n\nSec. 165. No person shall at the same time be a State ofificer or \na deputy officer, or member of the General Assembly, and an officer \nof any county, city, town, or other municipality, or an employee \nthereof; and no person shall at the same time fill two municipal offices, \neither in the same or different municipalities, except as may be other- \nwise provided in this Constitution; but a notary public, or an officer of \nthe militia, shall not be ineligible to hold any other office mentioned \nin this section. \n\nSec. 166. All acts of incorporation of cities and towns heretofore \ngranted, and all amendments thereto, except as provided in section \none hundred and sixty-seven, shall continue in force under this Con- \nstitution ; and all city and police courts established in any city or \ntown shall remain, with their present powers and jurisdictions, until \nsuch time as the General Assembly shall provide by general laws for \nthe government of towns and cities, and the officers and courts there- \nof, but not longer than four years from and after the first day of \nJanuary, one thousand eight hundred and ninety-one, within which \ntime the General Assembly shall provide by general laws for the gov- \nernment of towns and cities, and the officers and courts thereof, as \nprovided in this Constitution. \n\nSec. 167. All city and town officers in this State shall be elected \nor appointed as provided in the charter of each respective town and \ncity, until the general election in November, 1893, and until their \nsuccessors shall be elected and qualified, at which time the terms of \nall such officers shall expire ; and at that election, and thereafter as \ntheir terms of office may expire, all officers required to be elected in \ncities and towns by this Constitution, or by general laws enacted \nin conformity to its provisions, shall be elected at the general elec- \ntions in November, but only in the odd years, except members of \nmunicipal legislative boards, who may be elected either in the even \nor odd years, or part in the even and part in the odd years : provided \nthat the terms of office of police judges who were elected for four \nyears at the August election, eighteen hundred and ninety, shall \nexpire August thirty-first, eighteen hundred and ninety-four, and the \nterms of police judges elected in November, eighteen hundred and \nninety-three, shall begin September first, eighteen hundred and \nninety-four, and continue until the November election, eighteen \nhundred and ninety-seven, and until their successors are elected and \nqualified. \n\nSec. 168. No municipal ordinance shall fix a penalty for a violation \nthereof at less than that imposed by statute for the same offense. A \nconviction or acquittal under either shall constitute a bar to another \nprosecution for the same offense \n\n\n\nCONSTITUTION OF KENTUCKY 255 \n\n\n\nRevenue and Taxation. \n\nSec. 169. The fiscal year shall commence on the first day of July \nin each year, unless otherwise provided by law. \n\nSec. 170. There shall be exempt from taxation public property used \nfor public purposes ; places actually used for religious worship, with \nthe grounds attached thereto and used, and appurtenant to the house \nof worship, not exceeding one-half acre in cities or towns, and not \nexceeding two acres in the country ; places of burial not held for \nprivate or corporate profit, institutions of purely public charity, and \ninstitutions of education not used or employed for gain by any per- \nson or corporation, and the income of which is devoted solely to the \ncause of education ; public libraries, their endowments, and the in- \ncome of such property as is used exclusively for their maintenance ; \nall parsonages or residences owned by any religious society, and occu- \npied as a home, and for no other purpose, by the minister of any \nreligion, with not exceeding one-half acre of ground in towns and \ncities, and two acres of ground in the country, appurtenant thereto ; \nhousehold goods and other personal property of a person with a fam- \nily, not exceeding two hundred and fifly dollars in value ; crops grown \nin the year in which the assessment is made, and in the hands of the \nproducer ; and all laws exempting or commuting property from taxa- \ntion other than the property above mentioned shall be void. The \nGeneral Assembly may authorize any incorporated city or town to \nexempt manufacturing establishments from municipal taxation, \nfor a period not exceeding five years, as an inducement to their \nlocation. \n\nSec. 171. The General Assembly shall provide by law an annual \ntax, which, with other resources, shall be sufficient to defray the esti- \nmated expenses of the Commonwealth for each fiscal year. Taxes \nshall be levied and collected for public purposes only. They shall \nbe uniform upon all property subject to taxation within the territorial \nlimits of the authority levying the tax ; and all taxes shall be levied \nand collected by general laws. \n\nSec. 172. All property not exempted from taxation by this \nConstitution shall be assessed for taxation at its fair cash value, \nestimated at the price it would bring at a fair voluntary sale ; and \nany officer, or other person authorized to assess values for taxation, \nwho shall commit any willful error in the performance of his duty, \nshall be deerned guilty of misfeasance, and upon conviction thereof \nshall forfeit his office, and be otherwise punished as may be provided \nby law. \n\nSec. 173. The receiving, directly or indirectly, by any officer of \nthe Common wealtii, or of any county, city, or town, or member or \nofficer of the General Assembly, of any interest, profit, or perquisites \narising from the use or loan of public funds in his hands, or moneys \nto be raised through his agency for State, city, town, district, or \ncounty purposes, shall be deemed a felony. Said offense shall be \npunished as may be prescribed by law, a part of which punishment \nshall be disqualification to hold office. \n\n\n\n256 \n\n\n\nCONSTITUTION OF KENTUCKY \n\n\n\nSec. 174. All properly, whether owned by natural persons 01 \ncorporations, shall be taxed in proportion to its value, unless ex- \nempted by this Constitution ; and all corporate property shall pay \nthe same rate of taxation paid by individual property. Nothing in \nthis Constitution shall be construed to prevent the General Assem- \nbly from providing for taxation based on income, licenses, or fran- \nchises. \n\nSec. 175. The power to tax property shall not be surrendered or \nsuspended by any contract or grant to which the Commonwealth \nshall be a party. \n\nSec. 176. The Commonwealth shall not assume the debt of any \ncounty, municipal corporation, or political subdivision of the State, \nunless such debt shall have been contracted to defend itself in time \nof war, to repel invasion, or to suppress insurrection. \n\nSec. 177. The credit of the Commonwealth shall not be given, \npledged, or loaned to any individual, company, corporation, or asso- \nciation, municipality, or political subdivision of the State, nor shall \nthe Commonwealth become an owner or stockholder in, nor make \ndonation to, any company, association, or corporation ; nor shall \nthe Commonwealth construct a railroad or other highway. \n\nSec. 178. All laws authorizing the borrowing of money by and on \nbehalf of the Commonwealth, county, or other political subdivis- \nion of the State, shall specify the purpose for which the money is \nto be used, and the money so borrowed shall be used for no other \npurpose. \n\nSec. 179. The General Assembly shall not authorize any county \nor subdivision thereof, city, town, or incorporated district, to become \na stockholder in any company, association, or corporation, or to \nobtain or appropriate money for, or to loan its credit to, any corpo- \nration, association, or individual, except for the purpose of construct- \ning or maintaining bridges, turnpike roads, orgravel roads : provided, \nif any municipal corporation shall offer to the Commonwealth any \nproperty or money for locating or building a Capitol, and the Com- \nmonwealth accepts such offer, the corporation may comply with the \noffer. \n\nSec. 180. The General Assembly may authorize the counties, \ncities, or towns to levy a poll-tax not exceeding one dollar and fifty \ncents per head. Every act enacted by the General Assembly, and \nevery ordinance and resolution passed by any county, city, town, or \nmunicipal board or local legislative body, levying a tax, shall specify \ndistinctly the purpose for which said tax is levied ; and no tax \nlevied and collected for one purpose shall ever be devoted to another \npurpose. \n\nSec. 181. The General Assembly shall not impose taxes for the \npurposes of any county, city, town, or other municipal corporation, \nbut may by general laws confer on the proper authorities thereof- \nrespectively, the power to assess and collect such taxes. The Gen- \neral Assembly may, by general laws only, provide for the payment of \nlicense fees on franchises, stock used for breeding purposes, the vari- \nous trades, occupations, and professions, or a special or excise tax, \n\n\n\nCONSTITUTION OF KENTUCKY 257 \n\nand may by general laws delegate the power to counties, towns, \ncities, and other municipal corporations, to impose and collect license \nfees on stock used for breeding purposes, on franchises, trades, occu- \npations, and professions. (For amendment of 1902, see p. 272.) \n\nSec. 182. Nothing in this Constitution shall be construed to pre- \nvent the General Assembly from providing by law how railroads and \nrailroad property shall be assessed, and how taxes thereon shall be \ncollected ; and until otherwise provided, the present law on said \nsubject shall remain in force. \n\nEducation. \n\nSec. 183. The General Assembly shall by appropriate legislation \nprovide for an efficient system of common schools throughout the \nState. \n\nSec. 184. The bond of the Commonwealth, issued in favor of the \nBoard of Education for the sum of one million three hundred and \ntwenty-seven thousand dollars, shall constitute one bond of the Com- \nmonwealth in favor of the Board of Education ; and this bond and the \nseventy-three thousand five hundred dollars of the stock in the Bank of \nKentucky, held by the Board of Education, and its proceeds, shall be \nheld inviolate for the purpose of sustaining the system of common \nschools. The interest and dividends of said fund, together with any \nsum which may be produced by taxation or otherwise for purposes of \ncommon school education, shall be appropriated to the common schools, \nand to no other purpose. No sum shall be raised or collected for edu- \ncation other than in common schools until the question of taxation is \nsubmitted to the legal voters, and the majority of the votes cast at said \nelection shall be in favor of such taxation : provided the tax now im- \nposed for educational purposes, and for the endowment and mainte- \nnance of the Agricultural and Mechanical College, shall remain until \nchanged by law. \n\nSec. 185. The General Assembly shall make provision by law for \nthe payment of the interest of said school fund, and may provide for \nthe sale of the stock in the Bank of Kentucky ; and in case of a sale \nof all or any part of said stock, the proceeds of sale shall be in- \nvested by the sinking-fund commissioners in other good interest-bear- \ning stocks or bonds, which shall be subject to sale and reinvestment \nfrom time to time, in like manner and with the same restrictions as \nprovided with reference to the sale of the said stock in the Bank of \nKentucky. \n\nSec. 186. Each county in the Commonwealth shall be entitled to \nits proportion of the school fund on its census of pupil children for \neach school year ; and if \\\\\\q pro rata share of any school district be \nnot called for after the second school year, it shall be covered into the \ntreasury, and be placed to the credit of the school fund for general \napportionment the following school year. The surplus now due the \nseveral counties shall remain a perpetual obligation against the Com- \nmonwealth for the benefit of said respective counties, for which the \nCommonwealth shall execute its bond, bearing interest at the rate of \n\nKENT. HIST, \xe2\x80\x94 17 \n\n\n\n258 CONSTITUTION OF KENTUCKY \n\nsix per centum per annum, payable annually to the counties respec- \ntively entitled to the same, and in the proportion to which they are \nentitled, to benised exclusively in aid of common schools. \n\nSec. 187. In distributing the school fund, no distinction shall be \nmade on account of race or color, and separate schools for vi^hite and \ncolored children shall be maintained. \n\nSec. 188. So much of any moneys as may be received by the Com- \nmonwealth from the United States under the recent act of Congress \nrefunding the direct tax shall become a part of the school fund, and \nbe held as provided in section one hundred and eighty-four ; but the \nGeneral Assembly may authorize the use, by the Commonwealth, of \nthe moneys so received, or any part thereof, in which event a bond \nshall be executed to the Board of Education for the amount so used, \nwhich bond shall be held on the same terms and conditions, and sub- \nject to the provisions of section one hundred and eighty-four, con- \ncerning the bond therein referred to. \n\nSec. 189. No portion of any fund or tax now existing, or that may \nhereafter be raised or levied, for educational purposes, shall be appro- \npriated to, or used by, or in aid of, any church, sectarian, or denom- \ninational school. \n\nCorporations. \n\nSec. igo. No corporation in existence at the time of the adoption \nof this Constitution shall have the benefit of future legislation with- \nout first filing in the office of the secretary of state an acceptance of \nthe provisions of this Constitution. \n\nSec. 191. All existing charters or grants of special or exclusive \nprivileges, under which a bona fide organization shall not have taken \nplace, and business been commenced in good faith at the time of \nthe adoption of this Constitution, shall thereafter be void and of no \neffect. \n\nSec. 192. No corporation shall engage in business other than that \nexpressly authorized by its charter, or the law under which it may have \nbeen or hereafter may be organized, nor shall it hold any real estate, \nexcept such as may be proper and necessary for carrying on its legiti- \nmate business, for a longer period than five years, under penalty of \nescheat. \n\nSec. 193. No corporation shall issue stock or bonds except for an \nequivalent in money paid or labor done, or property actually received \nand applied to the purposes for which such corporation was created ; \nand neither labor nor property shall be received in payment of stock \nor bonds at a greater value than the market price at the time said \nlabor was done or property delivered ; and all fictitious increase of \nstock or indebtedness shall be void. \n\nSec. 194. All corporations formed under the laws of this State, or \ncarrying on business in this State, shall at all times have one or more \nknown places of business in this State, and an authorized agent or \nagents there, upon whom process may be executed ; and the General \nAssembly shall enact laws to carry into effect the provisions of this \nsection. \n\n\n\nCONSTITUTION OF KENTUCKY 259 \n\nSec. 195. The Commonwealth, in the exercise of the right of emi- \nnent domain, shall have and retain the same powers to take the prop- \nerty and franchises of incorporated companies for public use which \nit has and retains to take the property of individuals ; and the ex- \nercise of the police powers of this Commonwealth shall never be \nabridged, nor so construed as to permit corporations to conduct \ntheir business in such manner as to infringe upon the equal rights of \nindividuals. \n\nSec. 196. Transportation of freight and passengers by railroad, \nsteamboat, or other common carrier, shall be so regulated by general \nlaw as to prevent unjust discrimination. No common carrier shall be \npermitted to contract for relief from its common law liability. \n\nSec. 197. No railroad, steamboat, or other common carrier, under \nheavy penalty to be fixed by the General Assembly, shall give a free \npass or passes, or shall, at reduced rates not common to the public, \nsell tickets for transportation to any State, district, city, town, or \ncounty officer, or member of the General Assembly, or judge; and \nany State, district, city, town, or county officer, or member of the \nGeneral Assembly, or judge, who shall accept or use a free pass or \npasses, or shall receive or use tickets or transportation at reduced \nrates not common to the public, shall forfeit his office. It shall be \nthe duty of the General Assembly to enact laws to enforce the pro- \nvisions of this section. \n\nSec. 198. It shall be the duty of the General Assembly from time \nto time, as necessity may require, to enact such laws as may be nec- \nessary to prevent all trusts, pools, combinations, or other organiza- \ntions, from combining to depreciate below its real value any article, \nor to enhance the cost of any article above its real value. \n\nSec. 19^. Any association or corporation, or the lessees or managers \nthereof, organized for the purpose, or any individual, shall have the \nright to construct and maintain lines of telegraph within this State, \nand to connect the same with other lines ; and said companies shall \nreceive and transmit each other\'s messages without unreasonable delay \nor discrimination, and all such companies are hereby declared to be \ncommon carriers, and subject to legislative control. Telephone com- \npanies operating exchanges in different towns or cities, or other pub- \nlic stations, shall receive and transmit each other\'s messages without \nunreasonable delay or discrimination. The General Assembly shall, \nby general laws of uniform operation, provide reasonable regulations \nto give full effect to this section. Nothing herein shall be construed \nto interfere with the rights of cities or towns to arrange and control \ntheir streets and alleys, and to designate the places at which, and the \nmanner in which, the wires of such companies shall be erected or laid \nwithin the limits of such city or town. \n\nSec. 200. If any railroad, telegraph, express, or other corporation \norganized under the laws of this Commonwealth shall consolidate, by \nsale or otherwise, with any railroad, telegraph, express, or other cor- \nporation organized under the laws of any other State, the same shall \nnot thereby become a foreign corporation ; but the courts of this \nCommonwealth shall retain jurisdiction over that part of the corporate \n\n\n\n260 CONSTITUTION OF KENTUCKY \n\n\n\nproperty within the limits of this State in all matters which may arise, \nas if said consolidation had not taken place. \n\nSec. 20I. No railroad, telegraph, telephone, bridge, or common \ncarrier company shall consolidate its capital stock, franchises, or prop- \nerty, or pool its earnings, in whole or in part, with any other railroad, \ntelegraph, telephone, bridge, or common carrier company, owning a \nparallel or competing line or structure, or acquire by purchase, lease, \nor otherwise, any parallel or competing line or structure, or operate \nthe same ; nor shall any railroad company or other common carrier \ncombine or make any contract with the owners of any vessel that \nleaves or makes port in this State, or with any common carrier, by \nwhich combination or contract the earnings of one doing the carrying \nare to be shared by the other not doing the carrying. \n\nSec. 202. No corporation organized outside the limits of this State \nshall be allowed to transact business within the State on more favor- \nable conditions than are prescribed by law to similar corporations \norganized under the laws of this Commonwealth. \n\nSec. 203. No corporation shall lease or alienate any franchise so as \nto relieve the franchise or property held thereunder from the liabilities \nof the lessor or grantor, lessee or grantee, contracted or incurred in \nthe operation, use, or enjoyment of such franchise, or any of its privi- \nleges. \n\nSec. 204. Any president, director, manager, cashier, or other officer \nof any banking institution or association for the deposit or loan of \nmoney, or any individual banker, who shall receive or assent to the \nreceiving of deposits after he shall have knowledge of the fact that \nsuch banking institution or association or individual banker is insol- \nvent, shall be individually responsible for such deposits so received, \nand shall be guilty of felony, and subject to such punishment as shall \nbe prescribed by law. \n\nSec. 205. The General Assembly shall by general laws provide for \nthe revocation or forfeiture of the charters of all corporations guilty of \nabuse or misuse of their corporate powers, privileges, or franchises, or \nwhenever said corporations become detrimental to the interest and \nwelfare of the Commonwealth or its citizens. \n\nSec. 206. All elevators or storehouses where grain or other property \nis stored for a compensation, whether the property stored be kept \nseparate or not, are declared to be pubhc warehouses, subject to legis- \nlative control ; and the General Assembly shall enact laws for the \ninspection of grain, tobacco, and other produce, and fpr the protec- \ntion of producers, shippers, and receivers of grain, tobacco, and other \nproduce. \n\nSec. 207. In all elections for directors or managers of any corpora- \ntion, each shareholder shall have the right to cast as many votes in \nthe aggregate as he shall be entitled to vote in said company under its \ncharter, multiplied by the number of directors or managers to be \nelected at such election ; and each shareholder may cast the whole \nnumber of votes, either in person or by proxy, for one candidate, or \ndistribute such votes among two or more candidates ; and such direct- \nors or managers shall not be elected in any other manner. \n\n\n\nCONSTITUTION OF KENTUCKY 26 1 \n\nSec. 208. The word "corporation" as used in this Constitution \nshall embrace joint-stock companies and associations. \n\nRailroads and Commerce. \n\nSec. 209. A commission is hereby established, to be known as \n** The Railroad Commission," which shall be composed of three com- \nmissioners. During the session of the General Assembly which con- \nvenes in December, eighteen hundred and ninety-one, and before the \nfirst day of June, eighteen hundred and ninety-two, the governor \nshall appoint, by and with the advice and consent of the Senate, said \nthree commissioners, one from each superior court district as now estab- \nlished ; and said appointees shall take their office at the expiration \nof the terms of the present incumbents. The commissioners so \nappointed shall continue in office during the term of the present \ngovernor, and until their successors are elected and qualified. At the \nregular election in eighteen hundred and ninety-five, and every four \nyears thereafter, the commissioners shall be elected, one in each \nsuperior court district, by the qualified voters thereof, at the same \ntime and for the same term as the governor. No person shall be \neligible to said office unless he be, at the time of his election, at least \nthirty years of age, a citizen of Kentucky two years, and a resident \nof the district from which he is chosen one year, next preceding his \nelection. Any vacancy in this office shall be filled as provided in \nsection one hundred and fifty-two of this Constitution. The General \nAssembly may from time to time change said districts so as to equalize \nthe population thereof, and may, if deemed expedient, require that \nthe commissioners be all elected by the qualified voters of the State at \nlarge ; and if so required, one commissioner shall be from each dis- \ntrict. No person in the service of any railroad or common carrier \ncompany or corporation, or of any firm or association conducting \nbusiness as a common carrier, or in any wise pecuniarily interested in \nsuch company, corporation, firm, or association, or in the railroad \nbusiness, or as a common carrier, shall hold such office. The powers \nand duties of the railroad commissioners shall be regulated by law ; \nand, until otherwise provided by law, the commission so created shall \nhave the same powers and jurisdiction, perform the same duties^ be \nsubject to the same regulations, and receive the same compensation, \nas now conferred, prescribed, and allowed by law to the existing rail- \nroad commissioners. The General Assembly may, for cause, address \nany of said commissioners out of office by similar proceedings as in \nthe case of judges of the Court of Appeals ; and the General Assem- \nbly shall enact laws to prevent the nonfeasance and misfeasance in \noffice of said commissioners, and to impose proper penalties therefor. \n\nSec. 210. No corporation engaged in the business of common \ncarrier shall, directly or indirectly, own, manage, operate, or engage in, \nany other business than that of a common carrier, or hold, own, lease, \nor acquire, directly or indirectly, mines, factories, or timber, except \nsuch as shall be necessary to carry on its business ; and the General \n\n\n\n262 CONSTITUTION OF KENTUCKY \n\nAssembly shall enact laws to give effect to the provisions of this \nsection. \n\nSec. 211. No railroad corporation organized under the lav^s of \nany other State, or of the United States, and doing business, or pro- \nposing to do business, in this State, shall be entitled to the benefit of \nthe right of eminent domain, or have power to acquire the right of \nway or real estate for depot or other uses, until it shall have become a \nbody corporate pursuant to and in accordance with the laws of this \nCommonwealth. \n\nSec. 212. The rolling stock and other movable property belonging \nto any railroad corporation or company in this State shall be considered \npersonal property, and shall be liable to execution and sale in the \nsame manner as the personal property of individuals. The earnings \nof any railroad company or corporation, and choses in action, money \nand personal property of all kinds belonging to it, in the hands or \nunder the control of any officer, agent, or employee of such corpora- \ntion or company, shall be subject to process of attachment to the \nsame extent, and in the same manner, as like property of individuals \nwhen in the hands or under the control of other persons. Any. such \nearnings, choses in action, money or other personal property, may be \nsubjected to the payment of any judgment against such corporation or \ncompany in the same manner and to the same extent as such property \nof individuals in the hands of third persons. \n\nSec. 213. All railroad, transfer, belt lines, and railway bridge com- \npanies, organized under the laws of Kentucky, or operating, maintain- \ning, or controlling any railroad, transfer, belt lines, or bridges, or \ndoing a railway business in this State, shall receive, transfer, deliver, \nand switch empty or loaded cars, and shall move, transport, receive, \nload, or unload all the freight in car-loads or less quantities, coming \nto or going from any railroad, transfer, belt line, bridge, or siding \nthereon, with equal promptness and dispatch, and without any dis- \ncrimination as to charges, preference, drawback, or rebate in favor of \nany person, corporation, consignee, or consignor, in any matter as to \npayment, transportation, handling, or delivery ; and shall so receive, \ndeliver, transfer, and transport all freight as above set forth, from \nand to any point where there is a physical connection between the \ntracks of said companies. But this- section shall not be construed as \nrequiring any such common carrier to allow the use of its tracks for \nthe trains of another engaged in like business. \n\nSec. 214. No railway, transfer, belt line, or railway bridge com- \npany shall make any exclusive or preferential contract or arrangement \nwith any individual, association, or corporation, for the receipt, trans- \nfer, delivery, transportation, handling, care, or custody of any freight, \nor for the conduct of any business as a common carrier. \n\nSec. 215. All railway, transfer, belt lines, or railway bridge com- \npanies shall receive, load, unload, transport, haul, deliver, and handle \nfreight of the same class for all persons, associations, or corporations \nfrom and to the same points and upon the same conditions, in the \nsame manner and for the same charges, and for the same method \nof payment. \n\n\n\nCONSTITUTION OF KENTUCKY 263 \n\nSec. 216. All railway, transfer, belt lines, and railway bridge com- \npanies shall allow the tracks of each other to unite, intersect, and \ncross at any point where such union, intersection, and crossing is \nreasonable or feasible. \n\nSec. 217. Any person, association, or corporation, willfully or \nknowingly violating any of the provisions of sections two hundred \nand thirteen, two hundred and fourteen, two hundred and fifteen, or two \nhundred and sixteen, shall, upon conviction by a court of competent \njurisdiction, for the first offense be fined two thousand dollars ; for the \nsecond offense, five thousand dollars ; and for the third offense, shall \nthereupon, ipso facto, forfeit its franchises, privileges, or charter \nrights ; and if such delinquent be a foreign corporation, it shall, ipso \nfacto, forfeit its right to do business in this State ; and the attorney- \ngeneral of the Commonwealth shall forthwith, upon notice of the \nviolation of any of said provisions, institute proceedings to enforce \nthe provisions of the aforesaid sections. \n\nSec. 218. It shall be unlawful for any person or corporation own- \ning or operating a railroad in this State, or any common carrier, to \ncharge or receive any greater compensation in the aggregate for the \ntransportation of passengers, or of property of like kind, under sub- \nstantially similar circumstances and conditions, for a shorter than for \na longer distance over the same line, in the same direction, the shorter \nbeing included within the longer distance ; but this shall not be con- \nstrued as authorizing any common carrier, or person or corporation, \nowning or operating a railroad in this State, to receive as great com- \npensation for a shorter as for a longer distance : provided, that, upon \napplication to the railroad commission, such common carrier, or person, \nor corporation owning or operating a railroad in this State, may in \nspecial cases, after investigation by the commission, be authorized to \ncharge less for longer than for shorter distances for the transportation \nof passengers or property ; and the commission may from time to \ntime prescribe the extent to which such common carrier or person, or \ncorporation owning or operating a railroad in this State, may be \nrelieved from the operations of this section. \n\nThe Militia. \n\nSec. 219. The militia of the Commonwealth of Kentucky shall \nconsist of all able-bodied male residents of the State between the ages of \neighteen and forty-five years, except such persons as may be exempted \nby the laws of the State or of the United States. \n\nSec. 220. The General Assembly shall provide for maintaining an \norganized militia, and may exempt from military service persons \nhaving conscientious scruples against bearing arms ; but such persons \nshall pay an equivalent for such exemption. \n\nSec. 221. The organization, equipment, and discipline of the militia \nshall conform as nearly as practicable to the regulations for the \ngovernment of the armies of the United States, \n\nSec. 222. All militia officers whose appointment is not herein \notherwise provided for shall be elected by persons subject to military \n\n\n\n264 CONSTITUTION OF KENTUCKY \n\nduty within their respective companies, battalions, regiments, or other \ncommands, under such rules and regulations, and for such terms, not \nexceeding four years, as the General Assembly may from time to time \ndirect and establish. The governor shall appoint an adjutant-general \nand his other staff officers; the generals and commandants of regiments \nand battalions shall respectively appoint their staff officers ; and the \ncommandants of companies shall, subject to the approval of their \nregimental or battalion commanders, appoint their non-commissioned \nofficers. The governor shall have power to fill vacancies that may \noccur in elective offices by granting commissions, which shall expire \nwhen such vacancies have been filled according to the provisions of \nthis Constitution. \n\nSec. 223. The General Assembly shall provide for the safe-keeping \nof the public arms, military records, relics, and banners of the Com- \nmonwealth of Kentucky. \n\nGeneral Provisions. \n\nSec. 224. The General Assembly shall provide by a general law \nwhat officers shall execute bond for the faithful discharge of their \nduties, and fix the Hability therein. \n\nSec. 225. No armed person or bodies of men shall be brought into \nthis State for the preservation of the peace or the suppression of do- \nmestic violence, except upon the application of the General Assembly, \nor of the governor when the General Assembly may not be in session. \n\nSec. 226. Lotteries and gift enterprises are forbidden, and no privi- \nleges shall be granted for such purposes, and none shall be exercised, and \nno schemes for similar purposes shoU be allowed. The General Assem- \nbly shall enforce this section by proper penalties. All lottery privi- \nleges or charters heretofore granted are revoked. \n\nSec. 227. Judges of the county court, justices of the peace, sheriffs, \ncoroners, surveyors, jailers, assessors, county attorneys, and constables \nshall be subject to indictment or prosecution for misfeasance or malfea- \nsance in office, or willful neglect in discharge of official duties, in such \nmode a\'s may be prescribed by law ; and upon conviction, his office shall \nbecome vacant, but such officer shall have the right of appeal to \nthe Court of Appeals. \n\nSec. 228. Members of the General Assembly and all officers, before \nthey enter upon the execution of the duties of their respective offices, \nand all members of the bar before they enter upon the practice of their \nprofession, shall take the following oath or affirmation : " I do solemnly \nswear (or affirm, as the case may be) that I will support the Constitu- \ntion of the United States and the Constitution of this Commonwealth, \nand be faithful and true to the Commonwealth of Kentucky so long as I \ncontinue a citizen thereof, and that I will faithfully execute, to the best \nof my ability, the office of according to law; and I do further sol- \nemnly swear (or affirm) that since the adoption of the present Constitu- \ntion, I, being a citizen of this State, have not fought a duel with deadly \nweapons within this State nor out of it, nor have I sent or accepted a \nchallenge to fight a duel with deadly weapons, nor have I acted as \n\n\n\nCONSTITUTION OF KENTUCKY 265 \n\nsecond in carrying a challengfe, nor aided or assisted any person thus \noffending-, so help me God ! " \n\nSec. 229. Treason against the Commonwealth shall consist only in \nlevying war against it, or in adhering to its enemies, giving them aid \nand comfort. No person shall be convicted of treason except on the \ntestimony of two witnesses to the same overt act, or his own confession \nin open court. \n\nSec. 230. No money shall be drawn from the State treasur}\', except \nin pursuance of appropriations made by law ; and a regular statement \nand account of the receipts and expenditures of all public money shall \nbe published annually. \n\nSec. 231. The General Assembly may by law direct in what manner \nand in what courts suits may be brought against the Commonwealth. \n\nSec. 232. The manner of administering an oath or affirmation shall \nbe such as is most consistent with the conscience of the deponent, and \nshall be esteemed by the General Assembly the most solemn appeal to \nGod. \n\nSec. 233. All laws which, on the first day of June, one thousand \nseven hundred and ninety-two, were in force in the State of Virginia, \nand which are of a general nature and not local to that State, and not \nrepugnant to this Constitution, nor to the laws which have been enacted \nby the General Assembly of this Commonwealth, shall be in force \nwithin this State until they shall be altered or repealed by the General \nAssembly. \n\nSec. 234. All civil officers for the State at large shall reside within \nthe State, and all district, county, city, or town officers shall reside \nwithin their respective districts, counties, cities, or towns, and shall \nkeep their offices at such places therein as may be required by law. \n\nSec. 235. The salaries of public officers shall not be changed \nduring the terms for which they were elected ; but it shall be the \nduty of the General Assembly to regulate, by a general law, in what \ncases and what deductions shall be made for neglect of official duties. \nThis section shall apply to members of the General Assembly also. \n\nSec. 236. The General Assembly shall by law prescribe the time \nwhen the several officers authorized or directed by this Constitution \nto be elected or appointed shall enter upon the duties of their \nrespective offices, except where the time is fixed by this Constitution. \n\nSec. 237. No member of Congress, or person holding or exercising \nan office of trust or profit under the United States, or any of them, \nor under any foreign power, shall be eligible to hold or exercise any \n\'office of trust or profit under this Constitution, or the laws made in \npursuance thereof. \n\nSec. 238. The General Assembly shall direct by law how persons \nwho now are, or may hereafter become, sureties for public officers, \nmay be relieved of or discharged from suretyship. \n\nSec. 239. Any person who shall, after the adoption of this Consti- \ntution, either directly or indirectly, give, accept, or knowingly carry, \na challenge to any person or persons to fight in single combat, with a \ncitizen of this State, with a deadly weapon, either in or out of the \nState, shall be deprived of the right to hold any office of honor or \n\n\n\n266 CONSTITUTION OF KENTUCKY \n\n\n\nprofit in this Commonwealth ; and if said acts, or any of them, be \ncommitted within this State, the person or persons so committing \nthem shall be further punished in such manner as the General Assem- \nbly may prescribe by law. \n\nSec. 240. The governor shall have power, after five years from the \ntime of the offense, to pardon any person who shall have participated \nin a duel as principal, second, or otherwise, and to restore him to all \nthe rights, privileges, and immunities to which he was entitled before \nsuch participation. Upon presentation of such pardon, the oath \nprescribed in section two hundred and twenty-eight shall be varied to \nsuit the case. \n\nSec. 241. Whenever the death of a person shall result from an \ninjury inflicted by negligence or wrongful act, then, in every such \ncase, damages may be recovered for such death, from the corpora- \ntions and persons so causing the same. Until otherwise provided by \nlaw, the action to recover such damages shall in all cases be prosecuted \nby the personal representative of the deceased person. The General \nAssembly may provide how the recovery shall go, and to whom \nbelong ; and, until such provision is made, the same shall form part \nof the personal estate of the deceased person. \n\nSec. 242. Municipal and other corporations, and individuals in- \nvested with the privilege of taking private property for public use, \nshall make just compensation for property taken, injured, or destroyed \nby them ; which compensation shall be paid before such taking, or \npaid or secured, at the election of such corporation or individual, \nbefore such injury or destruction. The General Assembly shall not \ndeprive any person of an appeal from any preliminary assessment of \ndamages against any such corporation or individual made by commis- \nsioners or otherwise ; and, upon appeal from such preliminary assess- \nment, the amount of such damages shall in all cases be determined by \na jury, according to the course of the common law. \n\nSec. 243. The General Assembly shall by law fix the minimum \nages at which children may be employed in places dangerous to life or \nhealth, or injurious to morals, and shall provide adequate penalties for \nviolations of such law. \n\nSec. 244. All wage-earners in this State employed in factories, \nmines, workshops, or by corporations, shall be paid for their labor in \nlawful money. The General Assembly shall prescribe adequate pen- \nalties for violations of this section. \n\nSec. 245. Upon the promulgation of this Constitution, the governor \nshall appoint three persons, learned in the law, who shall be commis- \nsioners to revise the statute laws of this Commonwealth, and prepare \namendments thereto, to the end that the statute laws shall conform to \nand effectuate this Constitution. Such revision and amendments shall \nbe laid before the next General Assembly for adoption or rejection, \nin whole or in part. The said commissioners shall be allowed ten \ndollars each per day for their services, and also necessary stationery \nfor the time during which they are actually employed ; and upon their \ncertificate the auditor shall draw his warrant upon the treasurer. \nThey shall have the power to employ clerical assistants, at a compen- \n\n\n\nCONSTITUTION OF KENTUCKY 267 \n\nsation not exceeding ten dollars per day in the aggregate. If the com- \nmissioners, or any of them, shall refuse to act, or a vacancy shall oc- \ncur, the governor shall appoint another or others in his or their place. \n\nSec. 246. No public officer, except the governor, shall receive more \nthan five thousand dollars per annum as compensation for official ser- \nvices, independent of the compensation of legally authorized deputies \nand assistants, which shall be fixed and provided for by law. The \nGeneral Assembly shall provide for the enforcement of this section by \nsuitable penalties, one of which shall be forfeiture of office by any \nperson violating its provisions. \n\nSec. 247. The printing and binding of the laws, journals, depart- \nment reports, and all other public printing and binding, shall be per- \nformed under contract, to be given to the lowest responsible bidder, \nbelow such maximum and under such regulations as may be prescribed \nby law. No member of the General Assembly, or officer of the Com- \nmonwealth, shall be in any way interested in any such contract ; and \nall such contracts shall be subject to the approval of the governor. \n\nSec. 248. A grand jury shall consist of twelve persons, nine of \nwhom, concurring, may find an indictment. In civil and misdemeanor \ncases, in courts inferior to the circuit courts, a jury shall consist of six \npersons. The General Assembly may provide, that, in any or all trials \nof civil actions in the circuit courts, three-fourths or more of the jurors \nconcurring may return a verdict, which shall have the same force and \neffect as if rendered by the entire panel ; but where a verdict is ren- \ndered by a less number than the whole jury, it shall be signed by all \nthe jurors who agree to it. \n\nSec. 249. The House of Representatives of the General Assembly \nshall not elect, appoint, employ, or pay for, exceeding one chief \nclerk, one assistant clerk, one enrolling clerk, one sergeant-at-arms, \none door-keeper, one janitor, two cloak-room keepers, and four pages ; \nand the Senate shall not elect, appoint, employ, or pay for, exceeding \none chief clerk, one assistant clerk, one enrolling clerk, one sergeant- \nat-arms, one door-keeper, one janitor, one cloak-room keeper, and three \npages ; and the General Assembly shall provide by general law for \nfixing the per diem or salary of all of said employees. \n\nSec. 250. It shall be the duty of the General Assembly to enact \nsuch laws as shall be necessary and proper to decide differences by \narbitrators, the arbitrators to be appointed by the parties who may \nchoose that summary mode of adjustment. \n\nSec. 251. No action shall be maintained for possession of any \nlands lying within this State, where it is necessary for the claimant to \nrely for his recovery on any grant or patent issued by the Common- \nwealth of Virginia, or by the Commonwealth of Kentucky prior to the \nyear one thousand eight hundred and twenty, against any person \nclaiming such lands by possession to a well-defined boundary, under a \ntitle of record, unless such action shall be instituted within five years \nafter this Constitution shall go into effect, or within five years after the \noccupant may take possession ; but nothing herein shall be construed \nto affect any right, title, or interest in lands acquired by virtue of \nadverse possession under the laws of this Commonwealth. \n\n\n\n268 CONSTITUTION OF KENTUCKY \n\n\n\nSec. 252. It shall be the duty of the General Assembly to provid** \nby law, as soon as practicable, for the establishment and maintenance \nof an institution or institutions for the detention, correction, instruct \ntion, and reformation of all persons under the age of eighteen years, \nconvicted of such felonies and such misdemeanors as may be desig- \nnated by law. Said institution shall be known as the " House of \nReform." \n\nSec. 253. Persons convicted of felony and sentenced to confinement \nin the penitentiary shall be confined at labor within the walls of the \npenitentiary ; and the General Assembly shall not have the power to \nauthorize employment of convicts elsewhere, except upon the public \nworks of the Commonwealth of Kentucky, or when, during pestilence \nor in case of the destruction of the prison buildings, they cannot be \nconfined in the penitentiary. \n\nSec. 254. The Commonwealth shall maintain control of the disci- \npline, and provide for all supplies, and for the sanitary condition of \nthe convicts, and the labor only of convicts may be leased. \n\nSec. 255. The seat of government shall continue in the city of \nFrankfort, unless removed by a vote of two-thirds of each House of \nthe first General Assembly which convenes after the adoption of this \nConstitution. \n\nMode of Revision. \n\nSec. 256. Amendments to this Constitution may be proposed in \neither House of the General Assembly at a regular session ; and if \nsuch amendment or amendments shall be agreed to by three-fifths of \nall the members elected to each House, such proposed amendment or \namendments, with the yeas and nays of the members of each House \ntaken thereon, shall be entered in full in their respective journals. \nThen such proposed amendment or amendments shall be submitted to \nthe voters of the State for their ratification or rejection at the next \ngeneral election for members of the House of Representatives, the \nvote to be taken thereon in such manner as the General Assembly may \nprovide, and to be certified by the officers of election to the secretary \nof state in such manner as shall be provided by law, which vote shall \nbe compared and certified by the same board authorized by law to \nconipare the polls and give certificates of election to officers for the \nState at large. If it shall appear that a majority of the votes cast for \nand. against an amendment at said election was for the amendment, \nthen the same shall become a part of the Constitution of this Common- \nwealth, and shall be so proclaimed by the governor, and published in \nsuch manner as the General Assembly may direct. Said amendments \nshall not be submitted at an election which occurs less than ninety \ndays from the final passage of such proposed amendment or amend- \nments. Not more than two amendments shall be voted upon at any \none time, nor shall the same amendment be again submitted within \nfive years after a submission. Said amendments shall be so submitted \nas to allow a separate vote on each, and no amendment shall relate to \nmore than one subject ; but no amendment shall be proposed by the \n\n\n\nCONSTITUTION OF KENTUCKY 269 \n\nfirst General Assembly which convenes after the adoption of this Con- \nstitution. The approval of the governor shall not be necessar}- to any \nbill, order, resolution, or vote of the General Assembly, proposing an \namendment or amendments to this Constitution. \n\nSec. 257, Before an amendment shall be submitted to a vote, the \nsecretary of state shall cause such proposed amendment, and the time \nthat the same is to be voted upon, to be published at least ninety days \nbefore the vote is to be taken thereon in such manner as may be pre- \nscribed by law. \n\nSec. 258. When a majority of all the members elected to each \nHouse of the General Assembly shall concur by a yea and nay vote, \nto be entered upon their respective journals, in enacting a law to take \nthe sense of the people of the State as to the necessity and expediency \nof calling a convention for the purpose of revising or amending this \nConstitution and such amendments as may have been made to the \nsame, such law shall be spread upon their respective journals. If the \nnext General Assembly shall in like manner concur in such law, it \nshall provide for having a poll opened in each voting precinct in this \nState by the officers provided by law for holding general elections at \nthe next ensuing regular election to be held for State officers or mem- \nbers of the House of Representatives, which does not occur within \nninety days from the final passage of such law, at which time and \nplaces the votes of the qualified voters shall be taken for and against \ncalling the convention, in the same manner provided by law for taking \nvotes in other State elections. The vote for and against said proposi- \ntion shall be certified to the secretary of state by the same officers and \nin the same manner as in State elections. If it shall appear that \na majority voting on the proposition was for calling a convention, and \nif the total number of votes cast for the calling of the convention is \nequal to one-fourth of the number of qualified voters who voted at the \nlast preceding general election in this State, the secretary of state \nshall certify the same to the General Assembly at its next regular \nsession, at which session a law shall be enacted calling a convention to \nreadopt, revise, or amend this Constitution and such amendments as \nmay have been made thereto. \n\nSec. 259. The convention shall consist of as many delegates as \nthere are members of the House of Representatives ; and the delegates \nshall have the same qualifications and be elected from the same dis- \ntricts as said Representatives. \n\nSec. 260. Delegates to such convention shall be elected at the next \ngeneral State election after the passage of the act calling the conven- \ntion, which does not occur within less than ninety days ; and they shall \nmeet within ninety days after their election at the Capital of the State, \nand continue in session until their work is completed. \n\nSec. 261. The General Assembly, in the act calling the convention, \nshall provide for comparing the polls and giving certificates of election \nto the delegates elected, and provide for their compensation. \n\nSec. 262. The convention, when assembled, shall be the judge of \nthe election and qualification of its members, and shall determine con- \ntested elections ; but the General Assembly shall, in the act calling \n\n\n\n270 CONSTITUTION OF KENTUCKY \n\nthe convention, provide for taking testimony in such cases, and for \nissuing a writ of election in case of a tie. \n\nSec. 263. Before a vote is taken upon the question of calling- a con- \nvention, the secretary of state shall cause notice of the election to be \npublished in such manner as may be provided by the act directing said \nvote to be taken. \n\nSchedule. \n\nThat no inconvenience may arise from the alterations and amend- \nments made in this Constitution, and in order to carry the same into \ncomplete operation, it is hereby declared and ordained : \xe2\x80\x94 \n\n1. That all laws of this Commonwealth in force at the time of the \nadoption of this Constitution, not inconsistent therewith, shall remain \nin full force until altered or repealed by the General Assembly ; and all \nrights, actions, prosecutions, claims, and contracts of the State, coun- \nties, individuals, or bodies corporate, not inconsistent therewith, shall \ncontinue as valid as if this Constitution had not been adopted. The \nprovisions of all laws which are inconsistent with this Constitution shall \ncease upon its adoption, except that all laws which are inconsistent with \nsuch provisions as require legislation to enforce them shall remain in \nforce until such legislation is had, but not longer than six years after \nthe adoption of this Constitution, unless sooner amended or repealed \nby the General Assembly. \n\n2. That all recognizances, obligations, and all other instruments \nentered into or executed before the adoption of this Constitution, to \nthe State, or to any city, town, county, or subdivision thereof, and all \nfines, taxes, penalties, and forfeitures due or owing to this State, or to \nany city, town, county, or subdivision thereof ; and all writs, prosecu- \ntions, actions and causes of action, except as otherwise herein provided, \nshall continue and remain unaffected by the adoption of this Constitu- \ntion ; and all indictments which shall have been found, or may hereafter \nbe found, for any crime or offense committed before this Constitution \ntakes effect, may be prosecuted as if no change had taken place, except \nas otherwise provided in this Constitution. \n\n3. All circuit, chancery, criminal, law and equity, law, and common \npleas courts, as now constituted and organized by law, shall continue \nwith their respective jurisdictions until the judges of the circuit courts \nprovided for in this Constitution shall have been elected and qualified, \nand shall then cease and determine ; and the causes, actions, and pro- \nceedings then pending in said first-named courts, which are discontin- \nued by this Constitution, shall be transferred to, and tried by, the circuit \ncourts in the counties, respectively, in which said causes, actions, and \nproceedings are pending. \n\n4. The treasurer, attorney-general, auditor of public accounts, super- \nintendent of public instruction, and register of the land office, elected \nin eighteen hundred and ninety-one, shall hold their offices until the \nfirst Monday in January, eighteen hundred and ninety-six, and until \nthe election and qualification of their successors. The governor and \nlieutenant-governor elected in eighteen hundred and ninety-one shall \n\n\n\nCONSTITUTION OF KENTUCKY 27 1 \n\nhold their offices until the sixth Tuesday after the first Monday in \nNovember, eighteen hundred and ninety-five, and until their succes- \nsors are elected and qualified. The governor and treasurer elected in \neighteen hundred and ninety-one shall be ineligible to the succeeding \nterm. The governor elected in eighteen hundred and ninety-one may \nappoint a secretary of state and a commissioner of agriculture, labor, \nand statistics, as now provided, who shall hold their offices until their \nsuccessors are elected and qualified, unless sooner removed by the gov- \nernor. The official bond of the present treasurer shall be renewed at \nthe expiration of two years from the time of his qualification. \n\n5. All officers who may be in office at the adoption of this Constitu- \ntion, or who may be elected before the election of their successors, a? \nprovided in this Constitution, shall hold their respective offices until \ntheir successors are elected or appointed and qualified as provided in \nthis Constitution. \n\n6. The quarterly courts created by this Constitution shall be the \nsuccessors of the present statutory quarterly courts in the several coun- \nties of this State ; and all suits, proceedings, prosecutions, records, and \njudgments now pending or being in said last-named courts, shall, after \nthe adoption of this Constitution, be transferred to the quarterly courts \ncreated by this Constitution, and shall proceed as though the same had \nbeen therein instituted. \n\nOrdinance. \n\nWe, the representatives of the people of Kentucky, in Convention \nassembled, in their name and by their authority and in virtue of the \npower vested in us as delegates from the counties and districts respec- \ntively affixed to our names, do ordain and proclaim the foregoing to be \nthe Constitution of the Commonwealth of Kentucky from and after \nthis date. \n\nDone at Frankfort this twenty-eighth day of September, in the year \nof our Lord one thousand eight hundred and ninety-one, and in \nthe ninety-ninth* year of the Commonwealth. \n\nCASSIUS M. CLAY, Jr., \nPresident of the Conventio7i, and Member from the County \nof Bourbon. \n\nTHOMAS G. POORE, \n\nSecretary. \n\n* Error : should be " one hundredth." \n\n\n\n2/2 CONSTITUTION OF KENTUCKY \n\n\n\nAmendment of 1902, added to Section 181. \n\nAnd the General Assembly may, by general laws only, authorize \ncities or towns of any class to provide for taxation for municipal purposes \non personal property, tangible and intangible, based on income, licenses \nor franchises, in lieu of an ad valore\xc2\xbbi tax thereon : p7\'ovided, cities \nof the first class shall not be authorized to omit the imposition of an \nad valorem tax on such property of any steam railroad, street railway, \nferry, bridge, gas, water, heating, telephone, telegraph, electric light \nor electric power company. \n\n\n\nINDEX \n\n\n\nAbolition movement, opposition to and effect \nof, 152, 153; extreme disapproval of, 154, \n155; war a necessity for, 173; favored by \nCongress, 186; slavery abolished in Dis- \ntrict of Columbia, 186; Emancipation Proc- \nlamation issued, 196; Thirteenth Amend- \nment passed, 203. \n\nAct of Separation, first, 62, 63; second, 66. \n\nAdair, Major John, defeated at Fort St. Clair, \n97; at battle of the Thames, 125; elected \ngovernor, 129. \n\nAdams, John Quincy, elected President, 134. \n\nAdams, Major George M., elected to Con- \ngress, 207. \n\nAdventures of Colonel Daniel Boone, by \nJohn Filson, 56. \n\nAgricultural and Mechanical College estab- \nlished, 213. \n\nAlabama secedes, 162. \n\nAlexander, Robert, president of Bank of Ken- \ntucky, 113. \n\nAlford, Mitchell Cary, elected lieutenant gov- \nernor, 218. \n\nAlien and Sedition laws, passed, 105; Ken- \ntucky\'s opposition to, 105-108; repealed, \n109. \n\nAllen, Alfred, Conservative nominee for \ntreasurer, 206. \n\nAllen, John, delegate to seventh convention, \n77; counsel for Burr, in; candidate for \ngovernor, 114; commands militia, 117; \nkilled at Frenchtown, 119, 120; county \nnamed after, 120. \n\nAmendments, Thirteenth ratified, 203; Four- \nteenth and Fifteenth ratified, 209. \n\nAmerican Colonization Society, 152. \n\nAmerican commerce interfered with, 116. \n\nAmerican, or Know-Nothing party, 157, 158. \n\nAnderson, Major Robert, commander at Fort \nSumter, 166; commander of Kentucky Fed- \nerals, 176; issues proclamation of protec- \ntion, 178. \n\nAnderson, Richard C, member of Anti-Relief \nparty, 129. \n\nAndrews, Judge L. W., member of Opposi- \ntion party, 159. \n\nAnnexation of Texas, Clay\'s opposition to, \n144; its effect, 156. \n\nKENT. HIST. \xe2\x80\x94 18 27 \n\n\n\nAnti-Federalists, 99, too. \n\nAnti-Relief party, organized, 129; becomes \n\nOld Court party, 134. \nAntislavery, see Abolition movement. \nAppellate courts, judges for, 217. \nAppomattox Courthouse, Lee\'s surrender at, \n\n203. \nArmy of Northern Virginia, surrender of, 203. \nArnold, Captain John, in War of 1812, 118. \nArtistic productions in Kentucky, 137. \nAssociations of tobacco growers, 225. \nAthens of the West, Lexington\'s nickname, \n\n55- \nAtlantic States impoverished by Revolution, \n\n51- \n\nBaker, R. T., Republican nominee for lieu- \ntenant governor, 206. \n\nBallard, Bland, United States district judge, \n179, 180. \n\nBank charters, granted, 128; repealed, 129. \n\nBankof Kentucky, chartered, 113, 128; estab- \nlished, 143. \n\nBank of Louisville, established, 143. \n\nBank of the Commonwealth, chartered, 129, \n130; its currency destroyed, 134. \n\nBanks of the United States, established at \nLouisville and Kentucky, 134; Jackson \nvetoes bill of recharter, 143. \n\nBaptists in Kentucky, 84. \n\nBarbour, James, commissioner at Logan\'s \nfort, 37. \n\nBarbour, Major Philip N., killed at Monterey, \n146. \n\nBarclay, Commodore, defeated by Perry, 122, \n123. \n\nBardstown, one of Kentucky\'s earliest towns, \n55, 84. \n\nBarlow, Thomas Harris, constructs model \nrailroad, 137. \n\nBarlow\'s Planetarium. 137. \n\nBarnes, S. M., Republican nominee for gov- \nernor, 206. \n\nBarry, Major William T., his oratorical influ- \nence, 124, 125; favors Relief party, 129; \nelected lieutenant governor, 129; elected \nchief justice, 132; candidate for governor, \n135- \n\n\n\n274 \n\n\n\nINDEX \n\n\n\nBear Wallow, General Morgan\'s forces at, \n\ni88. \nBeauregard, General, reenforces Johnston, \n\n183. \nBeck, James B., elected U. S. senator, 214; \n\nreelected, 215. \nBeckham, J. C. W., lieutenant governor, 221, \n222; governor, 222, 223; Democratic can- \ndidate for U. S. senator, 224. \nBell, Joshua F., statesman, 159; delegate to \n\nPeace Conference, 165. \nBenton, Mortimer M., nominee for judge, 201. \nBibb, George M., chief justice, 113; member \n\nRelief party, 129. \nBig Bone Lick, early exploration of, 15. \nBig Creek Gap, Kentucky invaded at, 190. \nBill, of repeal of court of appeals, 132; Com- \npromise, 134, 135; Omnibus, 155, 156. \nBi-partisan boards, 224. \nBird, Captain Henry, captures Ruddle\'s and \n\nMartin\'s stations, 39. \nBivouac of the Dead, by Theodore O\'Hara, \n\n148. \nBlackburn, Dr. Luke Pryor, elected gov- \nernor, 214. \nBlackburn, Gideon, president of Center Col- \nlege, 210. \nBlackburn, J. C. S., elected U. S. senator, \n215; Democratic caucus nominee for U. S. \nsenator, 220; elected U. S. senator, 221. \nBlackburn, William B., Anti-Relief candi- \ndate, 131. \nBlennerhasset, Burr\'s accomplice, no; his \n\ndeath in disgrace, 112. \nBlue Licks, Boone\'s expedition to, 34, 35; \n\nbattle of, 120. \nBlythe, Dr., president of Transylvania Uni- \nversity, iiS. \nBoard of War established, 87, 88. \nBoiling Springs, delegates from, 21, 22. \nBoone, Daniel, pioneer in Kentucky, 12; \ncaptured by Indians, 13; rescues survey- \nors, 16; cuts roads through Kentucky, 19, \n21; his influence in settling Kentucky, 19; \nhis family settles in Kentucky, 23; his \ncharacter, 24; captured by Indians, 34, 35; \nappointed lieutenant colonel, 40; at Blue \nLicks, 46, 47; his intercourse with Filson, \n56. \nBoone, Jemima, captured by Indians, 26, 27. \nBoone, Squire, joins Daniel in Kentucky, 13. \nBoonesborough, settled, 21; parliament at, \n22; fort at, 22, 23; Indian attacks on, 30, \n32> 35, 36, 42; school opened at, 38; one of \noldest towns, 55. \nBorder States, attempt at compromise, 162, \n163; proposed convention of, 163. \n\n\n\nBoswell, Colonel, commander of volunteers, \n\n121. \nBotanical gardens at Lexington, projected by \n\nRafinesque, 137. \nBourbon County, one of original nine coun- \nties, 84. \nBowling Green, headquarters of western Con- \nfederate army, 177; seat of Confederate \ngovernment, 180; evacuated by Confed- \nerates, 182. \nBowman, John, member of first Harrodsburg \ncourt, 29, 30; colonel of Kentucky County, \n30. \nBoyd, Linn, death of, 189. \nBoyle, General Jeremiah T., military com- \nmandant, 187, 188; his resignation, 198. \nBoyle, John, chief justice, 130. \nBradford, John and Fielding, issue Keiitucke \n\nGazette, 72. \nBradford, John, address of welcome to Gov- \nernor Shelby, 94. \nBradley, W. O., Republican candidate for \ngovernor, 216; first Republican governor \nof Kentucky, 219-221; elected U. S. sena- \ntor, 224. \nBragg-, Colonel Braxton, commands Chatta- \nnooga forces, 189; his march through Ken- \ntucky, 191; his retreat, 192, 193. \nBramlette, Thomas Elliott, elected governor, \n\n196. \nBreathitt, John, elected governor, 136. \nBreckinridge, John, president of Lexington \nDemocratic Club, 99; appointed attorney- \ngeneral, 102; offers Kentucky Resolutions, \n107; appointed speaker, 109. \nBreckinridge, John C, oration over Ken- \ntucky soldiers, 148; elected Vice President, \n158; in favor of State convention, 163, 164: \nelected U. S. senator, 165; Confederate \ngeneral, 179; superseded by Davis, 180. \nBreckinridge, Mrs. Issa Desha, organizes \n\nHart Memorial Association, 139, n. i. \nBreckinridge, Robert, votes for Federal con- \nstitution, 74; chosen speaker, 95. \nBreckinridge, Rev. R. J., calms riot, 132, \n133; president of Radical Union conven- \ntion, 201, 202. \nBreckinridge, William L., president of Center \n\nCollege, 210. \nBritish, claims in Kentucky, 32; stations in \nAmerica, 59; intrigue in Kentucky, 82, 83; \npossessions surrendered, 100, loi ; soldiers \ncaptured in Canada, 124. \nBrodhead, Daniel, opens store at Louisville, \n\n54- \nBrown, James, appointed secretary of state, \n\n95- \n\n\n\nINDEX \n\n\n\n275 \n\n\n\nBro\\vn,John, member, from Kentucky, of Con- \ngress of Confederation of States, 73 ; letter \nto sixth convention, 75; member of Board \nof War, 87; elected U. S. senator, 96. \nBrown, Jolin Mason, author of Political Be- \nginnings of Kentucky, 73, n. i. \nBrown, John Young, elected governor, 218; \n\ncandidate for governor, 222. \nBrown, Rev. John H., address on Kentucky \n\nsoldiers, 148. \nBrown, Scott, adjutant general, 170, 179. \nBryan, James W., lieutenant governor, 216. \nBryan,William J. .candidate for President, 220. \nBryan\'s Station attacked, 43-46. \nBuchanan, James, elected President, 158. \nBuckner, General Simon B., inspector of \nState Guards, 170; leader of State Guards, \n177; Confederatecommander,i82; governor, \n216; candidate for Vice President, 220. \nBuckner, Judge R. A., Sr. member of Anti- \nRelief party, 129; candidate for governor, 136. \nBuckner, Judge R. A., member of Opposition \n\nparty, 159; Unionist, 169. \nBuell, General Don Carlos, commander of \nKentucky forces, 181; commander of Fed- \neral troops, 183; reenforces Grant, 184; in \ncentral Tennessee, 190; enters Louisville, \n191; avoids Confederates, 192. \nBuena Vista, battle of, 146. \nBull Run, battle of, 174. \n\nBullitt, Alexander Scott, chosen speaker, 95; \npresident of second convention, 108; elected \nlieutenant governor, 109. \nBullitt, Captain Thomas, surveyor in Ken- \ntucky, 15. \nBullock, Rice, votes for Federal constitution, \n\n74- \nBurbridge, General Steven G., commander of \nKentucky forces, 198; his oppressive mili- \ntary rule, 199, 200; interferes with elec- \ntions, 201 ; deposed, 202. \nBurnam, Judge C. F., member of Opposition \nparty, 159; member of Unionist party, 169; \njoins Republicans, 207. \nBurnett, Henry C, U.S. representative in Con- \ngress of 1 861, 170; delegate to Virginia, 180. \nBurr, Aaron, his conspiracy, no; indicted by \nDaveiss, in; festivities in his honor, 112; \nhis trial and disgrace, 112. \nBush, Joseph H., artist, 138. \nButler, General Richard, killed at Wabash \n\nRiver, 89. \nButler, General William O., Democratic nom- \ninee for governor, 144; his military exploits, \n144; in Mexican War, 145; wounded at \nMonterey, 146; delegate to Peace Confer- \nence, 165. \' \n\n\n\nj Cahokia, French village, yz. \nCaldwell and McKee\'s army, 42, 43. \nCaldwell, Colonel, commands regiment, lai. \nCalifornia applies for admission, 156. \nCall, Richard Ellsworth, author of Life of \n\nC. S. Rafinesque, 137, n. i. \nCallaway, Richard, member of first Harrods- \nburg court, 29, 30; his daughter captured \nby Indians, 26, 27. \nCamp Boone, Confederate regiments at, 173. \nCamp Clay, Federal regiments at, 173. \nCamp Dick Robinson, Federal regiments at \n\n174. \nCamp Joe Holt, Federal regiments at, 173. \nCamp Wild Cat, battle of, 180. \nCanada, march of Harrison\'s army into, 124, \n\n125. \nCantrill, James E., elected lieutenant gov- \nernor, 214. \nCapitol, built in 1905-1909, 226. \nCarlisle, John G., elected lieutenant gov- \nernor, 210; secretary of treasury, against \nfree silver, 219. \nCatholics in Kentucky, 84. \nCentenary of Kentucky, by Durrett, 29, \n\nn. I. \nCentenary of Kentucky\'s admission, cele- \nbrated, 217, 218. \nCenter College chartered by Presbyterians, \n\n210. \nCerro Gordo, attack on, 147. \nChamberlin, Jeremiah, president of Center \n\nCollege, 210. \nChange of party names, 141. \nCharacteristics of Kentuckians, 62. \nCharters of banks, granted and repealed, 128, \n\n129. \nChattanooga, Confederate forces organized at, \n\n189. \nCherokees, claim Kentucky, 20; fear of their \n\ninvasion, 60; treaty with English, 20. \nChillicothe, Indian settlement at, 35. \nChristian church in Kentucky, 85. \nCincinnati, original town on site of, 56; pro- \nposed capture of, 190. \nCircuit courts, increase in number of, 217. \nCitizenship, negroes obtain right of, 209. \nCivil affairs in Kentucky, 141-150. \nCivil conflicts in Kentucky, 196-204. \nCivil War, 151-204. \n\nClark, General George Rogers, expedition into \nIllinois country, 33, 34; attack on Indian \ntowns, 40; reported attack on Shawnee \nIndians, 42, 43; commander in attack \non Indians, 48; retires, 60; attack on \nWabash Indians, 65; accepts commission \nas major general, 100. \n\n\n\n2\'j6 \n\n\n\nINDEX \n\n\n\nClark, James, declares Replevin Act uncon- \nstitutional, 130; elected governor, 141. \nClark County citizens against Alien and Sedi- \ntion laws, 106, 107. \nClarksville, gathering against Indians at, 64. \nClay, Brigadier General Green, commander \n\nof Kentucky volunteers, 121. \nClay, Cassius M., leader of antislavery \nmovement, 154; abolition nominee for gov- \nernor, 157. \nClay, Cassius M., Jr. candidate for Demo- \ncratic nomination for governor, 219. \nClay, Henry, opposes Alien and Sedition \nlaws, 107; counsel for Aaron Burr, iii; \ndebate with Daveiss, 112; speech at George- \ntown, 118; his temporary disfavor in Ken- \ntucky, 134, 135; his Compromise Bill or \nOmnibus Bill, 135, 155, 156; elected to \nU. S. Senate, 135; candidate for presidency, \n136, 144; opposes annexation of Texas, \n144; president of American Colonization So- \nciety, 152; his resignation from Senate, 157. \nClay, James B., delegate to Peace Conference, \n\n165; arrest of, 178. \nClay, Lieutenant Colonel Henry, in Mexican \n\nWar, 145; killed at Buena Vista, 146. \nCleveland, Grover, elected President, 215; his \nsecond term, 218; his policy against free \nsilver, 219. \nCollege of Electors, 89. \nColumbus, Confederates at, 175; evacuated \n\nby Confederates, 182. \nCommerce, interference with American, 116. \nCommissioners, elected by House of Repre- \nsentatives, 96. \nCommittee of sixty, confiscate The True \n\nAmertcan, 154, 155. \nCompromise, Crittenden\'s attempt at, 162, \n163; Border States attempt at, 162, 163; \nfutility of efforts towards, 165. \nCompromise or Omnibus Bill, Clay\'s, 134, \n\n135. 155, 156- \n\nConfederate Colonies\' struggle for mdepend- \nence, 50. \n\nConfederate forces, in Kentucky, 173-175; \nresolutions against, 175, 176; Kentuckians \njoin ranks of, 178; arrest of prominent \ncitizens, 178; abandon Kentucky, 193; \nreturn to Kentucky, 205. \n\nConfederate government of Kentucky, organ- \nized, 174, 180, 181. \n\nConfederate line of possession, 181. \n\nConfederate States of America, government \nframed, 165; Kentucky desires admission \nto, 173- \n\nCongress of Confederation of States, course in \nregard to Indian troubles, 60, 64. \n\n\n\nCongress, proposes treaty with Spain, 70; \nhears Kentucky\'s petition for admission, \n73; considers adoption of new Federal \nconstitution, 73, 74; Kentucky\'s applica- \ntion referred to new, 75; Muter advises \nnew appeal to, 77; Wilkinson\'s speech \nagainst, 78; delay in granting Kentucky \nits statehood, 82; passes Alien and Sedi- \ntion laws, 105; act of denounced by Clay, \n107; special session called, 170; favors \nabolition, 186; adopts obnoxious military \npolicy, 187; frees wives of negro soldiers, \n208. \nConnolly, Dr. John, orders survey of Louis- \nville, 15; British agent, 82, 83. \nConservative party, in temporary power, \n134; called Conservative Union party, \n159; opposed to laws against slavery, \n167; controls elections of 1863, 196; wel- \ncomes the Confederates, 205; its downfall, \n206. \nConservative Union conventions against Lin- \ncoln, 202. \nConspiracies in Kentucky, First Spanish, 69- \n\'81; British, 82, 83; French, 99, 100; Second \nSpanish, loi; Third Spanish, 105; Aaron \nBurr\'s, no. \nConstitution, Federal, adopted, 74; Thirteenth \nAmendment adopted, 203; Fourteenth and \nFifteenth Amendments adopted, 209. \nConstitution of Kentucky, first, 89; second, \n108; third, 150; fourth, 216, 217; text of, \n227-272. \nConstitutional convention, at Danville, 89; \n\nof 1890, 216, 217. \nContinental Congress, 29. \nConvention for independence, first, 61 ; second, \n62; third, 62; fourth, 62, 65; fifth, 73; \nsixth, 75, 76; seventh, delegates to, 76; \n.seventh, meeting of, 77, 78; eighth, 83; \nninth, 83; tenth, 83, 89. \nConvention for considering secession, pro- \nposed, 163, 164. \nConvention, for revising State constitution \ncalled, 105; from seceded States at Mont- \ngomery, 165; constitutional, in 1890, 216, \n217. \nCoomes, Mrs. William, opens school at Har- \n\nrodsburg, 38. \nCornstalk, chief of Shawnee Indians, 16-18. \nCornwallis\' surrender, 50. \nCorporations, legal provisions for, 217. \nCouncil of war in 1812, 123. \nCountry party, in struggle for independence, \n63; at time of Spanish conspiracy, 76; at \nFayette election, 77; claims in seventh \nconvention, 78. \n\n\n\nINDEX \n\n\n\n277 \n\n\n\nCounty of Kentucky, established, 29-39; \npopulation in 1777, 32; division of the \ncounty, 40-49. \n\nCourt of appeals, 96; decision as to Replevin \nAct, 130; judges attempt to remove, 131, \n132; newly organized, 132; abolished, 134. \n\nCourt party, in struggle for independence, \n63; at time of Spanish conspiracy, 76; at \nFayette election, 77; claims in seventh \nconvention, 78; further efforts after separa- \ntion, 79. \n\nCowan, John, intercourse with Filson, 56. \n\nCowpens, battle of, 91. \n\nCox, Colonel, 121. \n\nCox, W. H., lieutenant governor, 224. \n\nCraddock, J. J., Conservative nominee for \nregister, 206. \n\nCraig, John, trustee of Transylvania Univer- \nsity, 57. \n\nCraig, Rev. Lewis, preaches in Kentucky, \n84. \n\nCriminal code revised, 105. \n\nCrisis in Kentucky history, 80. \n\nCrittenden, General George B., defeated at \nMill Springs, 181. \n\nCrittenden, Major General Thomas L., ap- \npointed commander of militia, 176; reen- \nforces Federals, 192. \n\nCrittenden, Major John J., his oratorical \ninfluence, 124, 125; member Anti-Relief \nparty, 129; elected governor, 149; his \ncareer, 149; leader of Whig party, 157; \ntype of Conservative Unionists, 159; offers \ncompromise propositions, 162; address on \nUnion standpoint, 165; leaves Senate, 165; \nspeech for neutrality, 166; Union delegate \nto Congress, 170; his influence in holding \nKentucky loyal, 170, 171 ; opposed to aboli- \ntion, 186. \n\nCrockett, Colonel Joseph, delegate to seventh \nconvention, 77; obtains signatures against \nillegal separation, 79. \n\nCrow\'s Station (Danville), courthouse built \nnear, 52, 53; meeting of University trus- \ntees at, 57. \n\nCumberland Gap, Confederate forces near, \n175- \n\nCurrency, its development in early days, \n128. \n\nCurrency question, an issue in Kentucky, \n219; Democrats divided on account of free \nsilver question, 220. \n\nCynthiana, conflict at, 189. \n\nDaniel, Walker, attorney-general of Ken- \ntucky District, 52; trustee of Transylvania \nUniversity, 57; killed by Indians, 52. \n\n\n\nDanville, founding of, 53; one of Kentucky\'s \noldest towns, 55; meeting of military offi- \ncers at, 60, 61 ; meeting of separation con- \nventions at, 61-63; navigation question dis- \ncussed at, 71; political club founded at, 74; \nsixth convention at, 75; tenth convention \nat, 89. \n\n" Dark and Bloody Ground," Kentucky\'s \nnickname, 11. \n\nDaveiss, Joseph Hamilton, indicts Aaron \nBurr, in; debate with Henry Clay, 112; \ndeath at Tippecanoe, 115; county named \nafter, 115. \n\nDavidge, Rezin H., associate justice, 132. \n\nDavis, Garrett, appointed U. S. senator, 180; \nopposed to abolition, 186; represents Ken- \ntucky in U. S. Senate, 209. \n\nDavis, Jefferson, born in Todd County, Ken- \ntucky, 161 ; elected president of Confeder- \nate States of America, 165. \n\nDawson, J. A., elected register, 207. \n\nDe Quindre, Captain, at Boonesborough, 36. \n\nDe Soto\'s expedition to the Mississippi, 69. \n\nDeboe, W. J., first Republican \\J. S. senator \nfrom Kentucky, 221. \n\nDeclaration of Independence adopted, 29. \n\nDefeat at Camden, Gates\'s, 90. \n\nDemocrat, published in Louisville, 159. \n\nDemocratic party, opposed to Federalists, 99; \nstrong in Kentucky, 108, 109; of 1798, 131; \nDemocratic Republican party merged into, \n143; its supremacy in Kentucky, 158; views \nat time of secession, 163, 164; belief in \nState Rights, 167; opposed to laws against \nslavery, 167; convention against Lincoln, \n202 ; in power after the war, 205-207 ; Con- \nservatives unite with, 206; Freedmen\'s \nBureau strengthens power, 209; majority re- \nduced on account of negro vote, 210; its \ncontinued power in Kentucky, 215, 216, 218, \n221; divided on currency question, 220; di- \nvided on Goebel election law, 221 ; admin- \nistrations of Governor Beckham, 222, 223. \n\nDemocratic Republican party, rise and fall in \npower, 135, 136; merged into Democratic \nparty, \xc2\xa343. \n\nDemocratic State convention at Frankfort, \n206; at Louisville, 218, 219. \n\nDemocratic Union party, in election of 1864, \n200. \n\nDenman, Matthias, partner of Filson, 156. \n\nDenominational colleges in Kentucky, 210. \n\nDenton, Thomas, settles at Harrodsburg, 23. \n\nDepression, financial, 127, 128, 143, 218. \n\nDesha, General Joseph, at battle of the \nThames, 125; member of Relief party, 129; \nelected governor, 131. \n\n\n\n2/8 \n\n\n\nINDEX \n\n\n\nDistrict of Columbia, slavery abolished in, \ni86. \n\nDistrict of Kentucky, 50-58. \n\nDixon, Archibald, elected U. S. senator, 157. \n\nDoctrine of nullification, anticipated in Ken- \ntucky, 107. \n\nDoctrine of State Rights, 107, 108. \n\nDonelson, Fort, surrender of, 182. \n\nDoniphan, Joseph, opens school at Boones- \nborough, 38. \n\nDonne, Mrs. Martha, 54. \n\nDouglas, James, surveyor in Kentucky, 15. \n\nDudley, Colonel, at Maumee, 121; defeated \nby Proctor, 122. \n\nDudley, William A., appointed quartermas- \nter general, 179. \n\nDuncan, Colonel Blanton, Confederate com- \nmander, 174. \n\nDunlap, George W., Union delegate to Con- \ngress, 170. \n\nDunmore, governor of Virginia, 16. \n\nDurrett, Reuben T., author of Centenary of \nKentucky, 29, n. i ; author of Life of John \nFilson,\'^^,-^.. \\\\ arrest of, 178; president of \nFilson Club, 215. \n\nDuvall, Judge Alvin, nominee for reelection, \n200. \n\nEdmonson, county named after, 120. \nEducation in Kentucky, early, 38, 57; at \n\nclose of war, 210, 211; higher education, \n\n213, 214. \nEdwards, John, in seventh convention, 79; \n\nelected U. S. senator, 96. \nEdwards, Ninian, chief justice and governor \n\nof Illinois, 113. \nEighth independence convention, 83. \nElection, method of, 90; change in method, \n\n108, 109. \nElkhorn, first steamboat on the, 102. \nEmancipation, see Abolition movement. \nEmancipation Proclamation issued, 196. \nEmancipation ticket, first, 157. \nEnglish, claims in Kentucky, 14; hostility \n\nto Kentuckians, 32; settle Jamestown, 69; \n\nbitter feeling against, 98; anticipate war \n\nwith U. S., 114; at war with France, 116; \n\ninsults to American vessels, 116. \nEpiscopalians in Kentucky, 85. \nEra of transition, 213-225. \nEstill, Captain, defeat of, 42, 43. \nExecutive power vested in governor, 89; \n\nchanges in executive State department, 217. \nExpedition against New Orleans, 99, 100. \n\nFactories, establishment of, 127. \nFallen Timbers, battle of, 100. \n\n\n\nFayette County, established, 40; proposed \nattack on, 43; part of Kentucky District, \n51; election at, 77; Connolly\'s intrigue in, \n83; one of original nine counties, 84. \n\nFederal constitution, adoption of new, 73, 74. \n\nFederal government, Wilkinson prejudices \nKentucky against, 70, 71; hears of French \nconspiracy, 100; Kentucky\'s opposition to, \nloi, 102; its powers, 151; Kentucky de- \nclares for, 175. \n\nFederalist party, opposed to Anti-Federalists, \n99; opposed by Kentuckians, 102; in tem- \nporary power, 102; opposed to Democrats, \n109; Daveiss adheres to, iii; in 1798, \n\n131- \n\nFederals, their forces in Kentucky, 173-175; \nsoldiers from Kentucky, 179, 194; antag- \nonism to, 186, 187; as raiders, 198; attempt \nto control elections, 200. \n\nFerguson, his army destroyed, 91. \n\nField, John, commander at Point Pleasant, 17. \n\nField, Lieutenant Colonel Ezekiel H., in \nMexican War, 145. \n\n" Fiery Cross, The," Scotch symbol, 46, n. i. \n\nFifteenth Amendment ratified, 209. \n\nFifth independence convention, 73. \n\nFillmore\'s cabinet, 149. \n\nFilson, John, author of first history of Ken- \ntucky, 55-57. \n\nFilson Club, started, 215, 216; its publica- \ntions, 21, n. 2, 29, n. I, 74, n. i, 216. \n\nFinancial depression, 127, 128, 143, 218. \n\nFinancial prosperity, 128, 208, 211. \n\nFincastle County, Kentucky a part of, 29. \n\nFindley, John, pioneer in Kentucky, 12. \n\nFinnel, John W., appointed adjutant general, \n\n179- \n\nFirst constitutional convention, 107. \n\nFirst governor of Kentucky, 90-92. \n\nFirst independence convention, 61. \n\nFirst invasion of Kentucky, 173-185. \n\nFirst newspaper in Kentucky, 72. \n\nFirst organized church in Kentucky, 84. \n\nFisk, John F., elected to Senate, 189. \n\nFitch, John, inventor of steamboat, 84, 103. \n\nFleming, William, commander at Point Pleas- \nant, 17; commissioner at Logan\'s fort, \n\n37- \nFlorida, discovered by Ponce de Leon, 69; \n\nsecedes, 162. \nFloyd, John, surveyor in Kentucky, 14, 15; \n\nmember of first Harrodsburg court, 29, 30; \n\nappointed colonel, 40; rescued by Wells, \n\n41, 42; attack on Indians, 48; elected \nI \'judge, 51; killed by Indians, 52. \n\nFloyd, Gener.il John B., Confederate com- \n\' mander, 182. \n\n\n\nIxNDEX \n\n\n\n79 \n\n\n\nFort Donelson, surrender of, 182. \n\nFort Greenville, built, 97. \n\nFort Henry, surrender of, 182. \n\nFort Meigs, siege of, 121. \n\nFort Recovery, General Wayne at, 100. \n\nFort Stanwix, treaty of, 14. \n\nFort Sumter, first gun fired at, 165. \n\nFounding of the Commonwealth, 93-150. \n\nFourteenth Amendment ratified, 209. \n\nFourth independence convention, 62, 65. \n\nFrankfort, made capital of Kentucky, 96, 97 ; \nconstitutional convention at, 108; heroes \nof Buena Vista buried at, 148; Democratic \nState convention at, 206. \n\nFrazer, Oliver, pupil of Jouett, 138. \n\nFree silver, adherents and opponents to doc- \ntrine of, 2ig, 220. \n\nFree students in State University, how ap- \npointed, 214. \n\nFreedmen\'s Bureau, established, 208; opposi- \ntion to, 209. \n\nFrench, claims in Kentucky, 14, 32; attack \nBoonesborough, 35, 36; their religious per- \nsecutions, 69; declare war against England, \nSpain, and Holland, 98; conspiracy in Ken- \ntucky, 99; war with England, 116. \n\nFrench and Indian War, id, 32. \n\nFrench Revolution, its horrors unknown in \nKentucky, 99; revulsion of feeling in regard \nto, 102. \n\nFrenchtown, battles of, 118, 119, 120. \n\nFriends of Humanity, Christian Association, \n112, 113. \n\nFry, Colonel Speed Smith, Federal com- \nmander, 181. \n\nFry, Major Gary H., in Mexican War, 145. \n\nGaines, Major John P., in Mexican War, 145. \n\xe2\x80\xa2Gardoqui, Spanish minister, rejects Jay\'s \n\nproposition, 7\'^; Brown\'s interview with, 75. \nGarrard, Colonel J. J., commander of Federal \n\nforces, 180. \nGarrard County, Federal forces in, 174. \nGarrard, James, second governor of Kentucky, \n\n105; elected governor, 109. \nGates\'s defeat at Camden, 90. \nGeneral Assembly in Kentucky government, \n\n89; grants school suffrage to women, 211. \nGenet, Citizen, minister of France, 99; re- \ncalled to France, 100. \nGeological survey established, 211. \nGeorgetown, incorporation of, 23; Democratic \n\nClub at, 99; Kentucky forces assembled at, \n\niiy. \nGeorgia secedes, 162. \n\nGirty, Simon, the " White Renegade," 45. \nGist, Christopher, pioneer in Kentucky, 12. \n\n\n\nGlasgow, General Bragg at, 191. \n\nGoebel, William, State senator, 221; nomi- \nnated for governor, 221; assassinated, 222; \ngovernor, 222. \n\nGold, paper currency substituted for, 128. \n\nGold standard, in Kentucky politics, 219, 220. \n\nGovernment, of Kentucky, 89, 90, 93-104; \nof Confederate States of America, 165; Con- \nfederate, established in Kentucky, 180, 181. \n\nGovernor, executive power in Kentucky, 89; \nmethod of election, 89; change in method \nof election, 108, 109. \n\nGrant, General U. S., orders troops into \nKentucky, 175; captures Forts Henry and \nDonelson, 182; gains victory at Shiloh, \n184; Lee\'s surrender to, 203. \n\nGraves, Benjamin, 119; county named after, \n120. \n\nGreen, I>ewis W., president of Center College, \n210. \n\nGreen, Thomas Marshall, author of T/tf \nSpanish Conspiracy, 71. \n\nGreen, Willis, trustee of Transylvania Uni- \nversity, 57. \n\nGreenup, Christopher, his intercourse with \nFilson, 56: trustee of Transylvania Uni- \nversity, 57; elected governor, 113; ex- \ngovernor, 118. \n\nGreenville, one of Kentucky\'s oldest towns, \n\n55- \nGreenville, Fort, built, 197. \nGrider, Henry, Union delegate to Congress, \n\n170. \nGrundy, Felix, appointed chief justice, 113. \nGuerrillas, depredations of, 187, 188, 198, 199. \nGuthrie, James, statesman, 159; delegate to \n\nPeace Conference, 165; lawyer, 201 ; leader \n\nin Conservative Union convention, 202. \n\nHaggin, James, associate justice, 132. \nHamilton, Alexander, killed by Aaron Burr, \n\nno. \nHanson, Roger W., leader of Confederates, \n\n179, 182. \n" Hard Winter" of Kentucky, 38. \nHardee, Maj )r General William J., Con- \nfederate commander, 192. \nHardin, Colonel John, commander Kentucky \n\nVolunteers, 87; murdered by Indians, 97. \nHardin, Major Martin D., 119. \nHardin, P. W., advocates free silver, 219; \n\ncandidate for governor, 219. \nHarding, Aaron, Union delegate to Congress, \n\n170; opposed to abolition, 186; speech \n\nagainst negro recruiting, 198. \nHarlan, John M., Conservative nominee for \n\nattorney-general, 206; joins Republicans, \n\n\n\n28o \n\n\n\nINDEX \n\n\n\n207; \n210. \n\n\n\nRepublican candidate for governor, \n\n\n\nHarlan, Major, at Blue Licks, 46, 47. \n\nHarmai, General, commands expedition \nagainst Indians, 86, 87; defeated, 87. \n\nHarney, B. M., Conservative nominee for \nsuperintendent of public instruction, 206. \n\nHarney, John H., editor of Louisville Demo- \ncrat, 159. \n\nHarrison, Benjamin, succeeded by President \nCleveland, 218. \n\nHarrison County officers arrested, 178. \n\nHarrison, General William H., at battle of \nTippecanoe, 114; appointed commander of \nKentucky militia, 118; appointed com- \nmander of army of the Northwest, 118; \norders embarkation for Canada, 123. \n\nHarrod, James, settles in Kentucky, 16, 19; \nhis intercourse with Filson, 56. \n\nHarrodsburg, founding of, 16 ; permanently \nsettled, 19; delegates from, 21; made \ncounty seat, 29; Indian attack on, 30; \nschool opened at, 38; opening of court at, \n52, 53; one of earliest towns, 55; Gen- \neral Smith\'s corps at, 192. \n\nHart, Captain Nathaniel, purchases Cherokee \ntitle, 20. \n\nHart, Joel T., sculptor, 138, 139. \n\nHart, Nathan G. T., commander of Lexing- \nton Light Artillery, 118; county named \nafter, 120. \n\nHart Memorial Association, 139, n. i. \n\nHawes, Richard, inaugurated provisional \ngovernor of Kentucky, 191. \n\nHelm, Ben Hardin, leader of Confederates, \n179. \n\nHelm, John L., inaugurated governor, 149; \nelected governor, 207; death of, 207. \n\nHenderson, Colonel Richard, head of Hender- \nson & Co., 20. \n\nHenderson, Samuel, married to Betsy Calla- \nway, 27. \n\nHendricks, Thomas A., elected Vice Presi- \ndent, 215. \n\niienry Fort, surrender of, 182. \n\n\'hickman. Captain, killed at Blue Licks, 120; \ncounty named after, 120. \n\nHickman, Confederates at, 175. \n\nHickman, Rev. William, preacher in Ken- \ntucky, 84. \n\nHindman, J. R., elected lieutenant governor, \n214, 215. \n\nHogan, Richard, settles at Harrodsburg, 23. \n\nHolly, Dr. Horace, president of Transylvania \nUniversity, 137. \n\nHome Guards, funds raised for, 169, 170; \nFederals, 177; their lack of discipline, 178. \n\n\n\n" Home of the Silent Brotherhood" founded, \n84. \n\nHopewell, last town of colonial period, 84. \n\nHouse of Representatives in Kentucky gov- \nernment, 89. \n\nHouse resolutions, synopsis of, 168, n. i. \n\nHouston\'s Station, now Hopewell, 84. \n\nHuguenots persecuted in France, 69. \n\nHull, General, Surrender to British, 118. \n\nHunt, Charlton W., calms riot, 132, 133. \n\nHunter, W. Godfrey, Republican caucus \nnominee for U.S. senator, 220. \n\nHurt, J. S., Conservative nominee for au- \nditor, 206. \n\nImmigration to Kentucky, 9, 51. \n\nInauguration ceremonies for first governor of \nKentucky, 93-95. \n\nIndependence of Kentucky, see Separation. \n\nIndians, in Kentucky, 10, 11; hostilities, 13, \n14, 16-18, 21, 30-39, 40, 41, 59, 60, 63, 64, \n85-89, 97, 114, 115; claims in Kentucky, \n14, 32; titles sold, 19, 20; besiege Boones- \nborough, 35, 36; at Bryan\'s Station and \nBlue Licks, 43-48; killed by Kentuckians, \n66, 67: complaint against Kentuckians, 67; \nWilkinson\'s speech on, 78; troubles ended \ntemporarily, 102; massacre at Raisin, 120; \ntheir cruelties, 122. \n\nIndian troubles, a political issue, 98. \n\nInnes, Hary, attorney-general, 62, 67; mem- \nber Board of War, 87; U. S. district judge, \n96. \n\nInvasion of Kentucky, first, 173-185; second, \n186-195. \n\nInventors in Kentucky, 84, 103, 137. \n\nIvy Mountain, battle of, 180. \n\nJackson, General Andrew, at New Orleans, \n\xe2\x80\xa2126; candidate for presidency, 134, 135; \nelected President, 136; his second term, 142, \n\n143- \n\nJackson, James S., Union delegate to Con- \ngress, 170. \n\nJacob, Colonel Richard T. , joins Union party, \n168; offers synopsis of House resolutions, \n168, n. i; chosen lieutenant governor, 196; \narrested, 198. \n\nJacobin clubs of France, 99. \n\nJamestown settled by the English*69. \n\nJay, John, proposes treaty with Spain, 70; \nsecures treaty with Great Britain, 100. \n\nJefferson County, established, 40, 84; be- \ncomes part of Kentucky District, 51. \n\nJefferson, Thomas, Breckinridge a member of \nhis cabinet, 99; drafts Kentucky Resolu- \ntions, 107; elected President, 109. \n\n\n\nINDEX \n\n\n\n281 \n\n\n\nJohnson, Colonel James, raises company, 118. \n\nJohnson, Colonel Richard M., raises com- \npany, 118; in the Canada campaign, 124; \nkills Tecumseh, 125. \n\nJohnson, George W., Confederate leader, 179; \nelected governor, 180; killed at Shiloh, 191. \n\nJohnson, Madison C, lawyer, 201. \n\nJohnson, Robert, trustee of Transylvania \nUniversity, 57. \n\nJohnston, General Albert Sidney, commands \nwestern Confederate forces, 177; at Mur- \nfreesboro, 183; killed at Shiloh, 184. \n\nJouett, Matthew Harris, portrait painter, \n138. \n\nJojirnal, published at Louisville, 159. \n\nJudges of court/ of appeals, how appointed, \n90; attempt to remove, 131, 132. \n\nJudicial power, 89, 90. \n\nJudicial State department, changes in, 217. \n\nJudiciary, elective by people, 150. \n\nKanawha River, battle near, 16-18. \n\nKaskasia, French village, 32. \n\nKennedy, William, intercourse with Filson, \n56. \n\nKenton, Simon, pioneer in Kentucky, 16; \nIndian scout, 24-26. \n\nKeiitucke Gazette, first newspaper in Ken- \ntucky, 72; Muter\'s address in, 76; Brad- \nford, editor of, 94. \n\nKentucky, by Professor N. S. Shaler, 92, n. i. \n\nKentucky, derivation of name, 29, n. i ; pio- \nneer days, 9-49; first white men in, 9-18; \nearly settlements, 19-28; the county, 29- \n39; division of county, 40-49 ; struggle for \nindependence, 50-92; Kentucky District, \n50-58; beginning of struggle, 59-68; Span- \nish conspiracy, 69-81 ; end of struggle, 82- \n92; foundmg of the Commonwealth, 93- \n150; organizing of State government, \n93-104; political situation from 1796, 105- \n115: War of 1812, 116-126; local affairs, \n127-140; civil affairs and Mexican War, \n141-150; Civil War, 151-204; situation \nduring Civil War, 151-172; invasions dur- \ning Civil War, 173-195; civil conflicts, 196- \n204; the new Kentucky, 205-225; restora- \ntion of peace, 205-212; transition era, 213- \n226; constitution of Kentucky, 227-272. \n\nKentucky Insurance Company, chartered, \n113. \n\nKentucky Resolutions of Iiq8, by E. D. \nWarfield, 107 and n. i. \n\nKentucky University, State College a part of, \n213; change of name, 213. \n\nKing\'s Mountain, battle of, 87, 91. \n\nKinkead, George Blackburn, lawyer, 201. \n\n\n\nKinkead, Judge W. B., member of Opposi- \ntion party, 159; his article on J. J. Crit- \ntenden, 171; Conservative nominee for \ngovernor, 206 ; chairman of executive board \nof State College, 213. \n\nKnott, J. Proctor, elected governor, 214, 215. \n\nKnow-Nothing party, 157, 158. \n\nKnox, Colonel James, pioneer in Kentucky, \n14- \n\nKuklux or Regulators, 209, 210. \n\nLa Salle, French pioneer and explorer, in \nKentucky, 12, 32. \n\nLafayette, Marquis de, Kentucky\'s reception \nof, 136. \n\nLand laws passed in Virginia, 37. \n\nLand speculation, 218. \n\nLandrum, Colonel John J., defeated at Cynthi- \nana, 189. \n\nLee family, surveyors in Kentucky, 15. \n\nLee, General Robert E., surrenders to Grant, \n203. \n\nLeestown, one of oldest towns, 55. \n\nLegislative office closed to ministers, 90. \n\nLegislative power, vested in General Assem- \nbly, 89, 90; its limitations, 90. \n\nLegislative State department, changes in, 217. \n\nLegislature, selects Frankfort as permanent \ncapital, 96; its money-raising power abol- \nished, 150; its powers, 164; opposed to \nState convention, 164, 165; in favor of \nneutrality, 167, 168; condemns action of \nHome Guard, 178; pardons all Confeder- \nates, 205. \n\nLeslie, Preston H , elected governor, 210; \nappoints Shaler chief of geological survey, \n211. \n\nLetcher, Robert P., elected governor, 143. \n\nLewis, Colonel Charles, commander at Point \nPleasant, 17. \n\nLewis, Colonel William, commands militia, \n117; wounded at Frenchtown, 119. \n\nLewis, General Andrew, commander at Point \nPleasant, 16, 17. \n\nLexington, founded in 1779, 37; largest town \nin old Kentucky, 55; Transylvania Uni- \nversity established at, 58: Wilkinson\'s dis- \nplay at, 71, 72; first capital of Kentucky, \n93; first inauguration ceremonies held at, \n93-95; Democratic Club at, 99; Burr in, \nin; furnishes militia, 117; manufactories \nin, 128; U. S. bank established at, 134; \nLyceum established at, 137 ; abolition news- \npaper issued at, 154; Confederates at, 190; \nF>ragg\'s march to, 191 ; centenary celebra- \ntion at, 217, 218. \n\nLexington, battle of, 37. \n\n\n\n282 \n\n\n\nINDEX \n\n\n\nLexington Light Artillery, ii8. \n\nLexington Light Infantry, 94. \n\nLexington Observer and Reporter, 159. \n\nLicking River, settlements invaded, 39; \ncrossed at battle of Blue Licks, 46, 47, 48. \n\nLieutenant governor, office created in Ken- \ntucky, 109. \n\nLife and Writings of C. S. Rafinesque, by \nR. E. Call, 137, n. i. \n\nLife of John Filson, by R. T. Durrett, 55, \nn. I. \n\nLimestone, immigration to, 54. \n\nLincoln, Abraham, born in Larue County, \nKentucky, 161; elected President, 162; in- \naugurated, 165; issues Emancipation Proc- \nlamation, 196; calls for volunteers, 197; \nreelected, 202; his assassination, 203. \n\nLincoln County, established, 40, 84; Indian \nattack in, 66. \n\nLindsay, William J., U. S. senator, 221. \n\nLindseys, fbunders of Lexington, 37. \n\nLittle Turtle, Indian chief, 97. \n\nLocal affairs in Kentucky, 127-140. \n\nLocal Board of War, 87. \n\nLocal option in Kentucky, 224. \n\nLogan, Benjamin, settles in Kentucky, 19, \nmember of first Harrodsburg court, 29, 30; \nrescues his companion, 31, 32: appointed \ncolonel, 40; at Blue Licks, 46, 48: com- \nmander at Bryan\'s Station, 48; calls offi- \ncers\' meeting, 60; attack on Shawnee \nIndians, 65; commander in Lincoln County, \n66; member of Board of War, 87. \n\nLogan\'s fort, Indian attack on, 30; land com- \nmissioners meet at, 37. \n\nLogan\'s Station, delegates from, 21, 22. \n\n" Long Hunters, The," pioneers in Ken- \ntucky, 13, 14. \n\nLosantiville, founding of, 56. \n\nLouisiana, purchased from the French, 109; \nsecedes, 162. \n\nLouisville, founded, 33, 34; its social life, \n54> 55"\' Connolly\'s intrigue in, 82, 83; Burr \nin, in; its manufactories, 128; U. S. bank \nestablished at, 134; Federal army organized \nat, 181; legislature adjourns to, 190; pro- \nposed capture of, 190; Buell in, 191; Filson \nClub started in, 215; Democratic State con- \nvention at, 218, 219. \n\nLouisville Courier, 178. \n\nLouisville Democrat, 159. \n\nLouisville Falls, immigration to, by flatboat, \n53, 54- \n\nLouisville Jour7ial, 159. \n\nLouisville legion, resolutions in honor of, \npassed by legislature, 146. \n\nLyceum, established in Lexington, 137. \n\n\n\nLyne, Edmond, commissioner at Logan\'s \n\nfort, 37. \nLyon, Colonel H. B., Kentucky Confederate \n\nleader, 182. \n\nMcAfee family, surveyors of Kentucky, 15, \n16; settle on Salt River, 19. \n\nMcAfee, General Robert B., elected lieu- \ntenant governor, 131. \n\nMcBride, pioneer in Kentucky, 12. \n\nMcClellan, General George B., factions in \nfavor of, 202; receives majority in Ken- \ntucky, 202. \n\nMcClellan, John, settles in Kentucky, 23. \n\nMcClellan\'s Station, founded, 23. \n\nMcConnels, founders of Lexington, 37. \n\nMcCook, Major General Alexander, Federal \ncommander at Perryville, 192. \n\nMcCreary, James B., elected governor, 214; \nelected U. S. senator, 221. \n\nMcDowell, Samuel, judge of Kentucky Dis- \ntrict, 51, 52; trustee of Transylvania Uni- \nversity, 57; president of convention for \nindependence, 61, 62; president of sixth \nconvention, 75. \n\nMcGary, Hugh, settles at Harrodsburg, 23. \n\nMcGary, Major, at Blue Licks, 46, 47. \n\nMcHenry, Colonel John H., Kentucky \nFederal leader, 182. \n\nMcKee and Caldwell\'s army, 42, 43. \n\nMcKee, Colonel William R, in Mexican \nWar, 145; killed at Buena Vista, 146. \n\nMcKinley, William, elected President, 220. \n\n" Mad Anthony," General Wayne\'s nickname, \n97- \n\n" Mad River," burning of Indian towns on, 65. \n\nMadison County, 84. \n\nMadison, George, at Frenchtown, 119; death \nof, 127. \n\nMagoffin, Beriah, elected governor, 158; his \nmessage to the legislature, 163; refuses to \nfurnish troops, 166; in sympathy with Con- \nfederates, 175; resigns, 189. \n\nMagruder, Captain Billy, leader of guerrillas, \n199. [170. \n\nMallory, Robert, Union delegate to Congress, \n\nManassas Junction, battle near, 174. \n\nManson, General, attack on Confederates, 190. \n\nMarshall, Colonel Thomas, surveyor for \nFayette County, 40; delegate to seventh \nconvention, 77; action in seventh conven- \ntion, 79; opposes British intrigue, 83. \n\nMarshall, Humphrey, candidate for delegate \nto fourth convention, 63; votes for Federal \nconstitution, 74; elected U. S. senator, 102. \n\nMarshall, Col. Humphrey, in Mexican War, \n145; leader of Confederates, 174, 179. \n\n\n\nINDEX \n\n\n\n283 \n\n\n\nMarshall, John, presents petition to Virginia \n\nAssembly, 66. \nMarshall, John, lieutenant governor, 222. \nMarshall, Thomas A., lawyer, 201. \nMarshall, Thomas F., orator and scholar, 142. \nMarshall, Thomas, brigadier general, 145, \nMartial law, Kentucky placed under, 187; \n\nprior to election of 1863, 197. \nMartin\'s and Ruddle\'s stations captured, 39. \nMason County, 84. \n\nMasterson, James, pioneer of Kentucky, 37. \nMatthews, George, at battle of Point Pleasant, \n\n17- \n\nMaumee River, Kentucky troops at, 118; \nsiege in, 121. \n\nMay, George, surveyor for Jefferson County, \n40. \n\nMay, John, clerk of Kentucky District, 52; \nkilled by Indians, 52. \n\nMaysville, formerly Limestone, 54. \n\nMechanical and Agricultural College estab- \nlished in Kentucky, 213. \n\nMediatorial neutrality, Kentucky maintains, \n167, 168; meaning of, 168, 175, n. i. \n\nMeigs, Fort, siege of, 121. \n\nMenefee, Richard H., his career, 141, 142. \n\nMenendez establishes first Spanish colony, 69. \n\nMenzies, John W., Union delegate to Con- \ngress, T70. \n\nMercer County, Kentucky, selected for settle- \nment, 16, 84. \n\nMetcalf, Henry, chief of guerrilla raiders, 199. \n\nMetcalf, Thomas, elected governor, 135. \n\nMethodist revival, 112, 113. \n\nMethodists in Kentucky, 85. \n\nMexican War, 141-150; Kentucky troops in, \n145- \n\nMexico, proposed conquest of, no; war de- \nclared with, 145; capture of City of, 147; \nsurrenders territory to United States, 147. \n\nMiami Indians, expedition against, 60, 87, 88. \n\nMiami, battle on the, 100. \n\nMiami towns, burning of, 48. \n\nMilitary and land interests in early Kentucky, \n40. \n\nMilitary oppression, 198-200. \n\nMilitary policy adopted by Congress, 187. \n\nMilitary posts in the Northwest, 59. \n\nMilitia, demanded by the President, 117. \n\nMill Springs, battle of, 181. \n\nMills, Benjamin, associate justice, 130. \n\nMineral wealth of Kentucky, 211. \n\nMiro, Spanish governor of New Orleans, 71. \n\nMississippi River, De Soto\'s exploration of, \n69; Spanish possessions on, 69, 70; Ameri- \ncans desire to navigate, 70; its importance \nto Kentucky, 71; Kentucky\'s valuation of \n\n\n\nnavigation of, 75; British plan to gain its \nnavigation, 83; its navigation a political \nissue, 98; resolution of Lexington Club in \nregard to, 99; granted to U. S. by treaty \nwith Spain, loi; thrown open to Ken- \ntucky, 102. \n\nMississippi secedes, 162. \n\nMissouri Compromise Bill, 134, 135. \n\nMob law in Kentucky, 210. \n\nMonetary issue, in State election, 219; in \nnational election, 220. \n\nMonroe, Thomas B., superseded by Ballard, \n180. \n\nMonterey, battle of, 146. \n\nMontgomery, convention of seceded States at, \n165. \n\nMorehead, Charles S., elected governor, 158; \ndelegate to Peace Conference, 165; arrest \nof, 178. \n\nMorgan, John Hunt, leaves State Guard, \n177; Confederate raider, 188, 189, 193. \n\nMorrisons, pioneers in Kentucky, 37. \n\nMound Builders, 9, 10. \n\nMount Sterling, fight near, 42. \n\nMurray, William, opposes Kentucky Resolu- \ntions of i-jqS, 108. \n\nMuter, George, judge of Kentucky District, \n51, 52; chief justice, 62; address to the \npeople, 76; delegate to seventh convention, \n77; judge in court of appeals, 96; resigns \nfrom office, 113. \n\nNashville, Federal troops take possession of, \n183; General Bragg at, 191. \n\nNatchez, Spanish negotiations at, loi. \n\nNational administration, opposed to free sil- \nver, 2ig. \n\nNational convention, Kentucky delegates to, \n201, 202. \n\nNational politics from 1884, 215. \n\nNational Republican party, its rise and fall, \n135, 136; merged into Whig party, 141. \n\nNavigation question discussed in Kentucky, \n\n71.99- \n\nNegroes, recruited in Kentucky, 197 ; vote for \nfirst time, 210. \n\nNelson County, 84. \n\nNelson, General William, Federal com- \nmander, 174, 180; commands Richmond \ntroops, 190. \n\nNeutrality, position of Kentucky, 161-172; \nstill maintained, 174; abandoned, 175, 176. \n\nNew court of appeals, organized, 132; abol- \nished, 134. \n\nNew Court party, founded, 134; controversy \nwith Old Court party, 149. \n\nNew Kentucky, The, 205-223. \n\n\n\n284 \n\n\n\nINDEX \n\n\n\nNew Orleans, Wilkinson\'s trading expedition \nto, 71; proposed expedition against, 99, \n100; Spanish negotiations at, 101 ; becomes \nan American possession, no; battle of, \n126. \n\nNewport, Kentucky volunteers at, 122. \n\nNewspaper, first in Kentucky, 72. \n\nNicholas, George, attorney-general, 95. \n\nNicholas, Samuel Smith, lawyer, 201. \n\nNinth independence convention, 83. \n\nNormal Schools, 213, 224. \n\nNorth and South, difference in point of view, \n151, 152; growth of enmity between, 162. \n\nNorthern Bank of Kentucky, established, 143. \n\nNorthwest, end of war in the, 125. \n\nNullification, doctrine of, 107. \n\nO\'Doherty, Matthew, Republican nominee \n\nfor lieutenant governor, 216. \nO\'Hara, Kane, 148. \n\nO\'Hara, Theodore, soldier and poet, 148. \nO\'Hara and His Elegies, by George W. \n\nRanck, 148, n. i. \nObserver and Reporter, Lexington, 159. \nOfficial changes, important, 189. \nOhio Land Company in Kentucky, 12. \nOhio River, bounty lands granted on, 14; its \n\nimportance to Kentucky, 71. \nOld Court party, founded, 134; controversy \n\nwith New Court party, 149. \n" Old Wisdom," John Bradford known as, 94. \nOldham, Colonel William, expedition against \n\nIndians, 88. \nOmnibus Bill, Clay\'s, 156. \nOpposition, to Lincoln in Kentucky, 196; \n\nto negro recruiting in Kentucky, 198. \nOpposition party, 159. \nOrmsby, Colonel, in Mexican War, 145. \nOwen, Colonel Abraham, his death at Tippe- \ncanoe, 115. \nOwen County, named after Colonel Owen, \n\n115; Confederate forces in, 174. \nOwsley, Judge William, elected governor, 144. \n\nPaducah, Federal forces at, 175; Confederate \nsentiment in, 177. \n\nPaine, Brigadier General E. A., his oppressive \nmilitary rule, 199, 200; deposed, 202. \n\nPakenham, General Sir Edward, commander \nat New Orleans, 126. \n\nPalmer, General John M., 202, 220. \n\nPanic, of 1873, 211 ; of i\'892, 218. \n\nPaper currency, and its effects, 128; abun- \ndance of, 143. \n\nParis, name of Houston\'s Station changed to, \n84; Democratic Club in, 99. \n\nParliament of Boonesborough, 22. \n\n\n\nParraud\'s translation of Filson\'s History, 57. \n\nParty names, change of, 134, 135. \n\nPatterson, Colonel Robert, settles at McClel- \nlan\'s Station, 23; a founder of Lexington, \n37; partner of Filson, 56. \n\nPatterson, James K., president of State Col- \nlege, 213, 214. \n\nPayne, Brigadier General John, commander \nat Georgetown, 118. \n\nPaynter, Thomas H., U, S. senator, 221. \n\nPeace Conference at Washington, 165. \n\nPeace, restoration of, 205-212. \n\nPenitentiary, Governor Blackburn\'s humane \nchanges in, 214. \n\nPerry, Commodore, his victory on Lake Erie, \n122, 123. \n\nPerryville. battle of, 192. \n\nPetitions, to Virginia Assembly, 61, 65, 66; to \nthe people, 61; of seventh convention, 79; \nagainst the Indians, 85. \n\nPhiladelphia, gift for Kentucky\'s centenary, \n217, 218. \n\nPierce, Franklin, elected President, 157. \n\nPilgrims settle Plymouth, 69. \n\nPillow, General Gideon J., Confederate com- \nmander, 182. \n\nPioneer days, 9-49. \n\nPioneer women of Kentucky, 23-27. \n\nPisgah, Kentucky Academy established at, \n58. \n\nPittsburgh Landing, Grant encamps at, 183. \n\nPlanetarium, Barlow\'s, 137. \n\nPlymouth, settled by Pilgrims, 69. \n\nPoint Pleasant, battle of, 16-18, 19; victory \nof, 87; Colonel Shelby at battle of, 90. \n\nPolitical Beginnings of Kentucky, The, by \nJ. M. Brown, 73. n. i. \n\nPolitical Club, founded at Danville, 74. \n\nPolitical Club, The, by Thomas Speed, 74, \n\xe2\x80\xa2n. I. \n\nPolitical, issues in 1793, 98; situation in Ken- \ntucky, 105-115; conflict in Kentucky, 127; \ncontests of 1844, 143, 144; situation in 1864, \n201, 202; situation from 1875, 214-223. \n\nPolitics, national, 215. \n\nPolk, General Leonidas, invades Kentucky, \n174, 175; offers conditional withdrawal, 175. \n\nPolk, James K., elected President, 144. \n\nPonce de I>eon discovers Florida, 69. \n\nPope, John, offers amendment to Kentucky \nresolutions, 108. \n\nPope, William, appointed lieutenant colonel, \n\n40- \n\nPopulation of Kentucky County, 32; of Ken- \ntucky in 1850, 152; of Kentucky in 1880 \nand 1909, 225. \n\nPopulist ticket, 219, 221. \n\n\n\nINDEX \n\n\n\n285 \n\n\n\nPopulists in legislature of 1896, 220. \n\nPowell, Lazarus W., Democratic nominee for \ngovernor, 149; elected governor, 157. \n\nPowell\'s Valley, exploration of, 12, 16. \n\nPower, Thomas, agent in Spanish conspira- \ncies, loi, 105. \n\nPrentice, George D., editor of Louisville \nJournal, 159. \n\nPresbyterians, in Kentucky, 84; Center Col- \nlege established by, 210. \n\nPreston, Colonel William, surveyor of Vir- \nginia, 14. \n\nPreston, William, Confederate leader, 179; \ndelegate to Virginia, 181. \n\nProclamation, of neutrality in Kentucky, 169; \nof emancipation, 196. \n\nProctor, General, at Frenchtown, 119; at \nFort Meigs, 121 ; pursuit of his army, \n123 ; encamped at Moravian Towns, 125. \n\nProhibition movement in Kentucky, 224. \n\nProhibition ticket, 216, 219, 222. \n\nProphet, Indian chief, 114. \n\nProslavery movement in Kentucky, 155. \n\nProsperity, financial, 128, 208, 211. \n\nProvost marshals appointed, 187. \n\nPublic education in Kentucky, 213. \n\nPublic school system reformed, 210, 211. \n\nPublications of the Filson Club, 21, n. 2, \n29, n. I, 74, n. I, 216. \n\nPulaski County, battle in, 181. \n\nRadical or Republican party, 206. \nRadical Union convention, 201, 202. \nRadical Union party, 196, 200. \nRafinesque, Professor C. S., of Transylvania \n\nUniversity, 137. \nRaisin, Indian massacre at, 120. \nRanck, George W., author of The Traveling \n\nChurch, 84, n. i ; author of O\'Hara and \n\nHis Elegies, 148, n. i. \nRecapitulations, 18, 28, 39, 48, 58, 67, 80, 92, \n\n\n\n[26, \n\n\n\n[39, 150, 159, \n\n\n\nt94, \n\n\n\n[OO. \n\n197; \n\n\n\n103. "5, \n\n203, 211. \nRecovery, Fort, General Wayne at. \nRecruits, Lincoln demands 300,000, \n\nposition to negro, 197. \nRed River, pioneer encampment on, 13. \nReform, in public school system, 210, \n\n213; in legislation, 216, 217. \nRegulators or Kuklux, 209, 210. \nRelief measures, after War of 1812, \n\nattempt to revive, 143. \nRelief party organized, 129; its temporary \n\npower, 131; becomes New Court party, \n\n134- \nReligious denominations in Kentucky, 84, \n\n85. \n\n\n\nop- \n\n\n\n[29; \n\n\n\nRepeal bill of court of appeals, 132. \n\nRepeal of Alien and Sedition laws, 109; of \nReplevin law, 134. \n\nReplevin law, passed, 129; declared uncon- \nstitutional, 130; repealed, 134; decision \nagainst, 141. \n\nRepresentatives, length of term and how \nchosen, 89, 230. \n\nRepublican party, opposed to Anti-Federal- \nists, 99; strong in Kentucky, 108; Con \nservatives unite with, 206; Freedmen\'s \nBureau arouses opposition to, 209; in na \ntional power, 215; their ticket in 1887, 216 \ntheir victory in 1895, electing first Re \npublican State ticket, 219: elect Deboe U. S \nsenator, 221; disputed election of 1899 \n222; their victories in 1907 and 1908, 224 \n\nResolutions, of 1798, 107; of General Assem- \nbly, 175, 176. \n\nRevival, religious, 112. \n\nRevolutionary War, English strongholds dur- \ning, 32; sentiment in Kentucky, 37. \n\nReynolds, Aaron, his speech at Bryan\'s \nStation, 45. \n\nRice, David, chairman of Transylvania Uni- \nversity board, 57. \n\nRichmond, Burr\'s trial at, 112; Confederate \ngovernment organized at, 174; battle of, \n190. \n\nRiflemen, gathering of, 46. \n\nRobertson, George, member of Anti-Relief \nparty, 129; judge in court of appeals, 201; \nhis career, 201. \n\nRobinson, Camp Dick, Federal regiments in, \n174. \n\nRobinson, James F., becomes acting gov- \nernor, 189. \n\nRodman, John, elected attorney-general, 207. \n\nRome, N.Y., formerly Fort Stanwix, 14. \n\nRoosevelt, Theodore, author of Si. Clair\'s \nDefeat, 88. \n\nRousseau, Lovell H., Unionist, 169. \n\nRowan, John, member of Relief party, 129. \n\nRuddle\'s and Martin\'s stations captured, 39. \n\nRussell, Captain, at Point Pleasant, 17. \n\nRussellville, Confederate delegates at, 180. \n\nSaint Asaph\'s, Saint Augustine, etc., see " St." \n\nSalt River selected for settlement, 16, 19. \n\nSchool system, 210, 211, 213, 214. \n\nSchools in Kentucky, first, 38, 39, 57. \n\nSchools, Normal, 213, 224. \n\nScientific and artistic life in Kentucky, 137, \n\nScotch-Irish race in Kentucky, 17, 26. \nScott, General Charles, member of Board of \nWar, 87; his expedition against Indians, 88; \n\n\n\n286 \n\n\n\nINDEX \n\n\n\nScctt, Gen. Charles (coNti\'u.) commands Ken- \ntucky militia, 97; at Fort Recoveiy, 100; \nelected governor, 114; appoints Harrison \ncommander of Kentucky militia, 118. \nScott, J. M., commander of militia, 117. \nSebastian, Benjamin, his treachery to Ken- \ntucky, 76; receives pension, 80; judge in \ncourt of appeals, 96; agent in Spanish con- \nspiracies, loi, 105; his treachery exposed, \nloi ; trial of, 113. \nSecession of Southern States, 162, 163. \nSecond constitutional convention, 108, 109. \nSecond independence convention, 62. \nSecond invasion of Kentucky, 186, 195. \nSecond Spanish conspiracy, loi. \nSelf-protection, right granted Kentucky, 64. \nSenators, State, election, length of term, etc., \n\n89, 230. \nSeparation of Kentucky from Virginia, first \nconventions for, 61, 62; first act of separa- \ntion, 62, 63; self-protection authorized, 63, \n64; postponement of separation, 65-67; \naction in regard to Spanish conspiracy, \n69-71; further conventions, 73; delay in \npresenting applications, 73-76; people\'s \npatience and prudence, 76, 77; opposing \nsentiments in regard to Virginia\'s course, \n77,78; turning point in contest, 79; loyalty \nof Kentucky, 80; further delay in Congress, \n82, 83, 84; last convention, 89; Kentucky \nbecomes an independent State, 89; the new \ngovernment, 89-92. \nSettlements in Kentucky, early, 19-27. \nSeventh independence convention, 76, 77, \n\n78. \nShackleford, Colonel James M., Kentucky \n\nFederal leader, 182. \nShaler, Nathaniel Southgate, author of Ken- \ntucky, 92, n. I ; chief of geological survey, \n211. \nShawnee Indians in Kentucky, 16-18; yield \nKentucky to the English, ig; rumored \nmarch against, 43; proposed attack against, \n65. \nSheaf of Wheat inn. Governor Shelby\'s stay \n\nat, 95. \nShelby, Captain Evan, at battle of Point \n\nPleasant, 17. \nShelby, Colonel Isaac, trustee of Transyl- \nvania University, 57 ; member of Board of \nWar, 87; elected first governor of Ken- \ntucky, 90; account of, 90-92; his journey \nto Lexington, 93, 94; his inauguration, 94, \n95; his address to the two houses, 95; \ndrafts 1000 militiamen, 97; his position at \ntime of French conspiracy, 100; at battle of \nPoint Pleasant, 117; governor, 118; re- \n\n\n\nelected governor, 120, 121 ; at Newport \n122. \nSherman, John, presides over U. S. Senate \n\n215- \nShiloh, battle of, 183, 184. \nSiege of Boonesborough, 35, 36. \nSilver, paper currency substituted for, 128 \n\ncontest over free, 219, 220. \nSimms, William E., delegate to Virginia, 181 \nSisters of Loretto, convent of, 84. \nSix Nations, Kentucky purchased from, 14 \n\n19- \nSixth independence convention, 75, 76. \nSkins used as currency, 128. \nSlaughter, Gabriel, becomes governor, 127. \nSlavery, prohibited in Kentucky, 90; Claj \nopposed to, 107; provisions for its continu \nation, 150; in revised constitution of Ken \ntucky, 150, 152; as cause of Civil War \n151; in the South and in Kentucky, 151 \n152; opposition to its abolition in Ken \ntucky, 152, 153; question afiected by an \nnexation of Texas, 156; war necessary fo: \nits abolition, 173; abolished in District o \nColumbia, 186; property rights not to b( \ninterfered with, 186; Emancipation Procla \nmation issued, 196; Thirteenth Amend \nment, 203; Freedmen\'s Bureau, 208, 209; \nnegroes obtain right of suffrage, 209. \nSlaves, characteristics of, 153, 154. \nSmith, D. Howard, elected auditor, 207. \nSmith, General E. Kirby, invades Kentucky, \n\n190, 191; at Harrodsburg, 192. \nSmith, General Green Clay, pursues Morgan, \n\n189. \nSmith, Z. F., school superintendent, 207. \nSocial life in Kentucky in 1825, 136, 137. \nSociety of Equity, American, 225. \nSouth Carolina secedes, 162. \nSouthern point of view, how different from \n\nNorthern, 151, 152. \nSouthern Rights convention against Lincoln, \n\n202. \n" Southern Rights " element in legislature, \n\n167. \nSouthern States, slavery in, 151; secession \n\nof, 162. \nSouthern territory of United States, its extent, \n\n69. \nSpain, purposed alliance with, 78, loi ; ani- \nmosity towards, 98; Lexington Club de- \nmands right of Mississippi from, 99; treaty \nwith United States, loi ; cedes Louisiana \nto French, 109. \nSpanish colony of St. Augustine founded, 69; \npossessions in America, 69, 70; conspiracy, \nfirst, 69-81; conspiracy, second, loi; con- \n\n\n\nINDEX \n\n\n\n287 \n\n\n\nspiracy, third, 105; silver dollars as cur- \nrency, 128. \nSpanish Conspiracy, The, by T. M. Green, \n\n71- \n\nSpecie payment suspended, 143. \n\nSpeculation, bad results of, 143; in land, 218. \n\nSpeed, James, trustee of Transylvania Uni- \nversity, 57. \n\nSpeed, James, votes for the Union, 169; an \nable lawyer, 201 ; joins Republicans, 207. \n\nSpeed, Thomas, author of The Wilderness \nRoad, 21, n. 1; author of The Political \nClub, 24, n. I. \n\nSpottsylvania County, Va., emigration from, \n84. \n\nSt. Asaph\'s Station, delegates from, 21, 22. \n\nSt. Augustine, Spanish colony, 69. \n\nSt. Clair, General Arthur, appointed com- \nmander in chief of army of Northwest, 87 ; \nKentucky opposed to, 88: defeated at \nWabash River, 89; retires from command, \n\n97- \nSt. Clair\'s Defeat, by Theodore Roosevelt, \n\n88, n. I. \nStanwix, Fort, treaty of, 14. \nState banks, rise of, 143. \nState College of Kentucky, 213. \nState constitution, revision of, 108, 109, 150, \n\n216, 217. \nState Guards, 169, 176, 177. \nState militia, in conflict with legislature in \n\n1900, 222. \nState penitentiary, Blackburn\'s humane \n\nchanges in, 214. \nState Rights, doctrine of, 107, 108, 151, 155. \nState University, 213, 214, 224. \nStatutory courts abolished, 217. \nSteamboat invented, 102, 103. \nStephens, Alexander H., author of IVar be- \n\ntweeti the States, 151, n. i. \nStevenson, John W., elected lieutenant gov- \nernor, 207; appointed governor, 207, 208; \n\nelected to U. S. Senate, 210. \nStewart, James, at battle of Point Pleasant, \n\n17- \n\nStewart, John, captured by Indians, 13. \n\nStoner, Michael, guide to surveyors in Ken- \ntucky, 16. \n\nStricken Heart, Convent of, 84. \n\nStruggle for independence, in Kentucky, \n50-92 ; beginning of, 59-68 ; end of, \n82-92. \n\n" Sue Munday," chief of guerrilla raiders, \nhung, 199. \n\nSuffrage right, extent of, 90; negro, 209. \n\nSumter, Fort, first gun fired at, 165. \n\nSuperior court abolished, 217. \n\n\n\nSupreme and superior courts, the judicial \n\npower, 89, 90. \nSurrender of army of Northern Virginia, 203. \nSurveyors in Kentucky, 14, 15. \nSycamore Shoals, Indian assemblage at, 20. \n\nTate, J. W., elected treasurer, 207. \n\nTaylor, General Zachary, in Mexican War, \n\n145. \nTaylor, Hancock, early surveyor, 14. \nTaylor, Harrison, Conservative nominee for \n\nlieutenant governor, 206. \nTaylor, William S., governor, 222, 223. \nTecumseh, chief of Wabash Indians, 114; \nrestrains massacre of Americans, 122; death \nof, 125. \n\nTenth convention, 83, 89. \n\nTerritory of U. S., extent of Southern, 69. \n\nTexas, Clay\'s opposition to its annexation, \n144; admitted to Union, 144; effect of its \nannexation, 156; secedes, 162. \n\nThames, battle of, 125. \n\nThird independence convention, 62. \n\nThird revision of State constitution, 150. \n\nThird Spanish conspiracy, 105. \n\nThirteenth Amendment, adopted, 203, 208; \nopposed by Kentucky, 203. \n\nThomas, Major General George H., at Mill \nSprings, 181. \n\nThompson, James, surveyor, 40. \n\nThorne, William P., lieutenant governor, 224. \n\nTilghman, General Lloyd, goes over to Con- \nfederates, 177; surrenders Fort Henry, 182. \n\nTimber regions in Kentucky, 211. \n\nTippecanoe, battle of, 114, 115. - \n\nTobacco war, 225. \n\nTodd, Colonel Charles S., ambassador, 125. \n\nTodd, Colonel John, surveyor in Kentucky, \n15; member of first Harrodsburg court, \n29, 30; elected governor of Illinois County, \n33; appointed colonel Fayette County, 40; \nat battle of Blue Licks, 46. \n\nTodd, Major Levi, surveyor in Kentucky, 15; \nclerk of Kentucky County, 30; at siege of \nBryan\'s Station, 45; at Blue Licks, 46, 47; \nintercour.se with Filson, 56. \n\nTodd, Thomas, second convention for inde- \npendence, 61, 62; clerk of constitutional \nconvention, 108; appointed judge in U. S. \nsupreme court, 113; member of war coun- \ncil, 118. \n\nTompkins, Christopher, member of Anti- \nRelief party, 129; Anti-Relief candidate for \ngovernor, 131. \n\nTompkinsville, Morgan\'s army at, 188. \n\nTrade in America, 127. \n\nTransition era in Kentucky, 213-226. \n\n\n\n288 \n\n\n\nINDEX \n\n\n\nTransylvania, colony of, 20, 21 ; purchase an- \nnulled, 22; title annulled, 29, \n\nTransylvania Seminary, 57, 83. \n\nTransylvania University founded, 58; its \nhigh rank, 137; goes out of existence, 210. \n\nTransylvania University, new, 213. \n\nTrappist monks at Bardstown, 84. \n\nTraveling Church, Ranck\'s, 84. \n\nTreaties, of Fort Stanwix, 14; of Shawnee \nIndians, 17, 18; between U. S. and Great \nBritain, 50; with Spain proposed, 70; with \nIndians, 86; between U. S. and Spain, loi ; \nof Ghent, 125; between U. S. and Mexico, \n147. \n\nTrigg, Stephen, at Logan\'s fort, 37; lieuten- \nant colonel, 40; at Blue Licks, 46, 47. \n\nTrimble, John, member Relief party, 129; \nassociate justice, 132. \n\nTrue American, abolition paper, 154, 155. \n\nTruman, Major, murdered by Indians, 97. \n\nTwelfth Street fort in Louisville, 34. \n\nTwetty, Wm., cuts roads in Kentucky, 21. \n\nTyler, President, admits Texas, 144. \n\n" Underground railroad," 152. \n\nUnderwood, John C., lieut. governor, 214. \n\nUnderwood, Judge Joseph R., member Oppo- \nsition party, 159; joins Union party, 169. \n\nUnion party, 162-164, 166-168, 173, 174, 178, \n196, 205. \n\nUnited States Bank, at Louisville and Lexing- \nton, 134; Jackson vetoes bill of recharter, \n143. \n\nVeracruz, capture of, 147. \n\nVincennes, capture of, 33. \n\nVirginia, Kentucky a part of, 14, 29; protects \nKentucky settlers, 22; its relation to Ken- \ntucky, 59, 60; Kentucky petitions for sepa- \nration from, 61, 62, 63; Kentucky\'s bitter- \nness against, 66, 67, 77, 78 ; seventh conven- \ntion\'s address to, 79, 80; legislature\'s action \nin regard to Kentucky, 83; Kentucky sepa- \nrated from, 89; concurs with Kentucky, 108. \n\nWabash Indians, proposed attack on, 64; ex- \npedition against, 88, 89; rebellion of, 114. \n\nWadsworth, Wm. H., Union delegate to Con- \ngress, 170; opposes abolition, 186; against \nnegro recruiting, 198; Republican, 207. \n\nWalker, Dr. Thomas, pioneer, 12. \n\nWallace, Caleb, trustee Transylvania Uni- \nversity, 57; judge court of appeals, 96. \n\nWallace, General Lew, at Cincinnati, 191. \n\nWar between the States, Stephens\'s, 151. \n\nWar debt, 128. \n\nWar Department, orders to Kentucky, 197. \n\n\n\nWarfield, Ethelbert D., author, 107. \n\nWars, Indian, 13, 14, 16-18, 21, 30-39, 40, 41, \n59, 63, 64, 85-89, 97, 114, 115, 120, 122; \nFrench and Indian, 14, 32; Revolutionary, \n37; War of 1812, 116-126; Mexican, 141- \n150; Civil, 151-204. \n\nWashington, George, President U. S., 83; his \npolicy in French War, 98; his action in \nFrench conspiracy, 100; monument to, 155. \n\nWashington, Peace Conference at, 165. \n\nWatauga River, Indian assemblage at, 20. \n\nWatauga settlement, volunteers from, 17. \n\nWayne, General, commander of armies of \nNorthwest, 97; military ability, 98; cam- \npaign against Indians, 100, loi. \n\nWebster, Miss Delia A., abolitionist, 152, n. i. \n\nWells, Colonel Samuel, rescues Floyd, 41, 42; \nat Georgetown, 117; at Frenchtown, 119. \n\nWest, Edward, invents steamboat, 103. \n\nWest, M. D., quartermaster general of State \nGuards, 170; superseded by Dudley, 179. \n\nWheeling, proposed attack on, 42. \n\nWhig party, in power, 141, 143; downfall of, \n\n157- \n\n" White Renegade," Girty\'s nickname, 45, 46. \n\nWickliffe, Charles A., at Peace Conference, \n165; Union delegate to Congress, 170. \n\nWickliffe, D. C, editor, 159. \n\nWickliffe, Robert, Anti-Relief member, 129. \n\nWilderness Road, 21, 53. \n\nWilkinson, General James, his store, 54, 55; \nhis petition, 61 ; member fourth convention, \n62, 63 ; inflames opposition against Virginia, \n66, 70; his treasonable Spanish project, \n70-72, 76; schemes in Fayette election, \n77-80; in Indian warfare, 88, 97; major gen- \neral, 109, no; NewOrleansdelivered to, no. \n\nWilliam and Mary College, 83. \n\nWilliams, Gen. John S., at Cerro Gordo, 147; \nConfederate leader, 179; U. S. senator, 214. \n\nWilliams, John, clerk at Logan\'s fort, 37. - \n\nWillson, Augustus E., governor, 224. \n\nWinchester, General, 118, 119. \n\nWolfe, Judge Nathaniel, Unionist, 159, 169. \n\nWolford, Colonel Frank L., Federal, 181 ; pur- \nsues Morgan, 189; arrested, 198. \n\nIVofnan Triumphant, group by Hart, 139. \n\nWoodford County established, 83, 84. \n\nWoolly, Aaron K., lawyer, 201. \n\nWorthington, W. J., lieutenant governor, 219. \n\nWyandots, Estill\'s pursuit of the, 42. \n\nYorktown, Cornwallis\'s surrender at, 50. \nYoung, John C. , president Center College, 210. \n\nZollicoffer, General, invades Kentucky, 175, \n180; killed at Mill Springs, 181. \n\n\n\nH134 89 \n\n\n\n*\xe2\x80\xa2\xc2\xab \n\n\n\n\n\n\n\'^\xe2\x80\xa2i\' \n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n.-^^ /^v/k*- ^^. A^ *\'^ \n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\xe2\x96\xa0 v-w/ %W--/ v ,<\xe2\x96\xa0 ... \n\n\n\n\n\n\n\n\n\n\n\n\n\n^O \n\n\n\n\n\n\n\n\xe2\x80\xa2 V\'-. "^C \n\n\n\nHECKMAN \n\nBINDERY INC. \n\n^^OCT 89 \n\n\n\nN. MANCHESTER, \n\n\n\n\n\n\n\n//\xe2\x80\xa2"- \n\n\n\n\no\'\' V*^-\'\\/ .. V\'-- \n\n\n\n\n\n\n*. .*\'^\\-:i"ii-/V ,^\'\'.\';^-.V . \n\n\n\n'