p 455 
 .S67 
 
 Copy i 
 
 kentdck/ reporter extra. 
 
 ACKXLIiES S3VESD 
 
 TO THE PEOPLE OF KENTUCKY. 
 
 " ll'hcn vice prevails, and impious nten bear nva>j, 
 "T/ieposC ofhonur is a private station." 
 
 Teotlr of Kentuckt : 
 
 IT is not my wish to tax the 
 patience or politeness of any one, by re- 
 hearsing "the story of my wrongs," nor to 
 burthen them with ray complaints for inju- 
 ries received; but that among the wars 
 for ofSce, and for power, in which 1 had 
 no agency in creating, nor desire to be- 
 come a party, unless in self-defence, I ara 
 made the greatest victim, no one will de- 
 ny. Indeed I am sacriiiced at the shrine 
 of avarice, cupidity, and lawless power, to 
 make way for the favorites and partisans of 
 unrestrained deception and ambition. You 
 have seen, and I have heretofore detailed 
 to you, the manner in which I have been 
 treated and abused by a party, which by 
 way of description I shall denominate "the 
 Barry party." Not because Wm. T. Bar- 
 ry is the only leader of the same, but be- 
 cause I mean to call your attention more 
 particularly to this man's conduct, togeth- 
 er with two others of his brethren of the 
 bench. In doing which I am aware, that I 
 shall be considered as treading on ground, 
 which will not only draw down on me the 
 most inveterate hatred and malice, but ev- 
 ery additional injury which is, or may be 
 in the power of those men td inflict. I am 
 also aware, that much of my property may 
 possibly, from liis course of things, be 
 thrown into litigation; and if my rights are 
 to be decided by the Barry court, no one 
 will envy me the prospect of justice which 
 I may calculate on. From men who climb 
 into power by detraction and deception, 
 and acknowledge themselves the tools of 
 whatever dominant party may prevail in 
 the legislature, (as these judges have done 
 by their acceptance of their offices, under 
 the circumstances attending them) but lit- 
 tle may be expected from the dictates of 
 juEtice or their own sense of propriety. 
 
 Even were they convinced, that justice 
 inclined on my side of the question, and 
 they could lay aside all feelings on their 
 part as men, in deciding in my favor; y,et, 
 if in so doing, they should meet the froirna 
 of a leading demagogue in the legislatl"^ 
 department, they must kick the beam 
 against me, for fear of losing their own 
 seats. But I have no hopes of justice from 
 ♦^em: nor,sball\ I court it. I know others 
 
 may court their smiles and they may be 
 very graciously bestowed. This is not my 
 way of doing business with courts. I viefv 
 men in office as judges, bound to do what 
 they shall consider tight, after applying the 
 law and evidence to the case; that they 
 are bound by their oaths as well as their 
 honorsotodo; and those who would uoi: 
 do so as.judges,. the frowns of the legisla- 
 tive and executive departments to the con- 
 trary notwithstanding, are unworthy the 
 trust reposed in them by the people under 
 their constitution. I therefore disclaim 
 any wish for favor from airy court incom- 
 patible with its duty. I am not conscious 
 of ever receiving any, nor of expecting 
 any. Let it therefore be understood, that 
 whatever fate may attend me, that fear oi 
 the judicial power of the Barry court, shall 
 never influence my conduct. Would it 
 were the case with others, who, like me, 
 are and may be under their power, to des- 
 pise it. But it is not the case. Instead of 
 boldly meeting the consequences of their 
 lawless power, too many seek to gain their 
 ends by feeing their private minions; as ii 
 justice (were it in them) could be approach- 
 ed through no other gates thail those at 
 which these minions stand .porters. It is 
 with them to act as they please. From 
 their superior address, their knowledge of 
 men, and skill on such occasions, they may 
 succeed, and it may be their better policy'.' 
 The ear of a court may be better <o some 
 than all the laws in existence. But it- 
 seems to me that more honor and praise is 
 due to him, who, in an open manly man- 
 ner, detects and exposes favouritism and 
 error, than to one v^ho fattens on the smiles 
 of judges. But, while a watchful eye should 
 beheld over the conduct of judges, it is 
 due to one's own standing, to justice and 
 common decency, that faults should not 
 be charged against, nor praises awarded 
 them, without just cause. I should be sor- 
 ry to violate this rule— I will not knowing- 
 ly do so. 
 
 I have promised to call your attention to 
 the conduct of three of the Barry court 
 justices. I am conscious, that many will 
 attribute the conduct on roy part, in doing 
 so, to the worst of motites. I am free to 
 acknowledge that I feel much displeasuie 
 at the conduct of those iren towards roc; 
 because they have not only aided in an un* 
 warrantable manner, in tho passing of » 
 law wbich was to put me out, and them- 
 9e\<" into Qiffice; but, on efTecting their 
 r '»,(,!Wr«>,':W»nt9Mjf ««tTen»t»tf.1 'r 
 
 / . 
 
Sir 
 
F 455 
 .S67 
 Copy ^ 
 
 kentuck/ reporter extra. 
 
 ACHILLES SI^ISSD 
 
 TO THE PEOPLE OF KENTUCKY. 
 
 " If'htn vice prevails, anJimpious men hearsrvaij, 
 "T/ieposl of honoris a private station," 
 
 People of KE>TucKr : 
 
 IT is not my wish to tax the 
 patience or politeness of any one, by re- 
 iiearsing "the story of my wrongs," nor to 
 burthen them with my complaints for inju- 
 ries received; but that among the wara 
 for office, and for power, in which I had 
 no agency in creating, nor desire to be- 
 <;omeaparty, unless in self-defence, I am 
 made the greatest victim, no one will de- 
 ny. Indeed I am sacrificed at the shrine 
 of avarice, cupidity, and lawless power, to 
 make way for the favorites and partisans of 
 unrestrained deception and ambition. You 
 have seen, and I have heretofore detailed 
 to you, the manner in which I have been 
 treated and abused by a party, which by 
 way of description I shall denominate "the 
 Barry party." Not because Wm. T. Bar- 
 ry is the only leader of the same, but be- 
 cause I mean to call your attention more 
 particularly to this man's conduct, togeth- 
 er with two others of his brethren of the 
 bench. In doing which I am aware, that I 
 shall be considered as treading on ground, 
 which will not only draw down on me the 
 most inveterate hatred and malice, but ev- 
 ery additional injury which is, or maybe 
 in the power of those men ti» inflict. I am 
 also aware, that much of my property may 
 possibly, from tii9 course of things, be 
 thrown into litigation; and if my rights are 
 to be decided by the Barry court, no one 
 will envy me the prospect of justice which 
 I may calculate on. From men who climb 
 into power by detraction and deception, 
 and acknowledge themselves the tools of 
 whatever dominant party may prevail in 
 the legislature, (as these judges have done 
 by their acceptance of their offices, under 
 the circumstances attending them) but lit- 
 tle may be expected from the dictates of 
 justice or their own sense of propriety. 
 
 Even were they convinced, that justice 
 inclined on my side of the question, and 
 they could lay aside all feelings on their 
 part as men, in deciding in my favor; yet, 
 if in so doing, they should meet the frowns 
 of a leading demagogue in the legislatf"^ 
 department, they must kick the beam 
 against me, for fear of losing their own 
 seats. But I have no hopes of justice from 
 ♦>»ein: rior shall I court it. I knoir others 
 
 may court their smiles and they may be 
 very graciously bestowed. This is not my 
 way of doing business with courts. I view 
 men in office as judges, bound to do what 
 they shall consider right, after applying the 
 law and evidence to the case; that ihey 
 are bound by their oaths as well as their 
 honor so to do; and those who would not 
 do so asjudgej. the frowns of the legisla- 
 tive and executive departments to the con- 
 trary notwithstanding, are unworthy the 
 trust reposed in them by the people uoder 
 their constitution. I therefore disclaim 
 any wish for favor from any co«r< incom- 
 patible with its duty. I am not conscious 
 of ever receiving any, nor of expecting 
 any. Let it therefore be understood, that 
 whatever fate may attend me, that fear oi" 
 the judicial power of the Barry court, shaii 
 never influence my conduct. Would it 
 were the case with others, who, like me, 
 are and may be under their power, to des- 
 pise it. But it is not the case. Instead of 
 boldly meeting the consequences of their 
 lawless power, too many seek to gain their 
 ends by feeing their private minions; as if 
 justice (were it in them) could be approach- 
 ed through no other gates than those at 
 which these minions stand .porters. It is 
 with them to act as they please. Prom 
 their superior address, their knowledge of 
 men, and skill on such occasions, they may 
 succeed, and it may be their better policy".' 
 The ear of a court may be better <o some 
 than all the laws in existence. But it 
 seems to me that more honor and praise is 
 due to him, who, in an open manly man- 
 ner, detects and exposes favouritism and 
 error, than to one v^ho fattens on the smiles 
 of judges. But, while a watchful eye should 
 beheld over the conduct of judges, it is 
 due to one's own standing, to justice and 
 common decency, that faults should not 
 be charged against, nor praises awarded 
 them, without just cause. I should be sor- 
 ry to violate this rule— I will not knowing- 
 ly do so. 
 
 I have promised to call your attention to 
 the conduct of three of the Barry court 
 justices. I am conscious, that many will 
 attribute the conduct on my part, in doing 
 so, to the worst of motives. I am free to 
 acknowledge that I feel much displeas'Jic 
 at the conduct of those n^en towards me; 
 because they have not only aided in an un* 
 warrantable manner, in the passing of » 
 law wbich was to put me out, and them' 
 se\v i into office; but, on effecting their 
 pr •• •,/)»,' biiye wartonly atierap^*"^ *•■ 
 
■vvV>-V:>''-^ 
 
 ^ 
 
 ^a■^v 
 
 •^"-Vs^iX 
 
 .567 
 
 ibiow the biarae oithe 1T)«»s of office, ou my 
 part on myself; although they, and their 
 coadjutors in that unrighteous project, well 
 Isaew, that it never was the intention cf 
 the party, to keep me in office, if they 
 passed thelaw^. It is idle to attempt to 
 deny this on their part. Do they not 
 liuow that if they had the power to pass the 
 bill as they did pass it, that they had equal- 
 ly the power to pass it in a modified shape 
 by which 1 should not have been interrupt- 
 ed ? Yes, they well know the maxim, that 
 the major includes the minor power. It is 
 true, it might have been the understanding, 
 and I incline to think it was, of some of the 
 members of the legislature, that I would bo 
 continued in office, no matter who were 
 made the judges. Whether such was or 
 was not the opinion of James Allen, of 
 Green; A.T. Hughes, of Nicholas; Wil- 
 liam O'Bannon, of Fleming; Robert M'- 
 Afee, of Mercer; Richard Ballinger, of 
 Knox; it is with them to state. They 
 well know the assurances given individual- 
 ly by them, of ray being continued, and 
 some of those gentlemen will recollect, that 
 they went so far as to state to me, that 
 they as senators, would approve of no man 
 as a judge who would not continue me in 
 office; othersof the senate must recollect 
 the assurances of Barry, Trimble and Hag- 
 gin, through them to me, that I ivas to be 
 appointed. It is true that 1 made a mem- 
 orandum of the substance of what was said 
 by those gentlemen, together with the re- 
 marks which John Rowan, Samuel H. Da- 
 viess, John Buford and othersof the lower 
 House also made on this subject; but not 
 with a full belief of seeing those assuran- 
 ces realized, but from a determination to 
 remind them, at a future day, what little 
 confidence I ought to have placed in them. 
 J have now to slate, that if they did not use 
 these assurances to deceive me and my per- 
 sonal friends, and as inducements to 
 make no opposition to the passage of the 
 reorganization act, but did believe what 
 they slated, that I am satisfied they had 
 not been let iuto the sanctum sanctorum of 
 the high priests ol' the hohj caucus; but had 
 been debarred that privilege, and kept in 
 I'gnoranceof the extent of the whole plan 
 contemplated. It rests with them to say, 
 whether they intended ungenerously, nay 
 wantonly, to deceive me for the purposes 
 aforesaid, or that they were deceived them- 
 selves. But, how shall I apologize for Wm. 
 T. Barry and his associates, Haggin and 
 Trimble! To suppose them ignorant of 
 the decrees of the holy caucus, as they 
 formed a part, would be saving that ibey 
 did not possess capacity to understand their 
 <)wn intentions. — Yet tliissame Wm. T. 
 Barry took me out in the little passage be- 
 tween Col. Taylor's dining-room and t!ie 
 
 front part ofthc building, on the nightthat 
 Col. Taylor gave a party, and told me, 
 that he never had but one sentiment to- 
 wards me; that they did not w^b against 
 the officers of thecouj^!*>i|pi4|if ^qfertain- 
 ing diflerent politics from his, made no dif- 
 ference; that 1 was considered a faithful 
 officer; that hs had had conversation with 
 Judge Trimble, who was in my favour, and 
 he had no doubt but Haggin was likewise; 
 that I nn'glU go home, go to bed and sleep 
 as soundly as if I were then appointed. It 
 is true no one was present but ourselves; 
 yet it will be recollected by Young Ewing 
 and Nathaniel S. Dallam, of Christian, 
 Presley N. O'Bannon, of Loganj with ma- 
 ny others, that it was in contemplation by 
 them to collect these judges, to have me 
 appointed, in order that copies from the 
 office might be obtained and business again 
 progress. If Mr Trimble's and Mr Ilaggin's 
 assurances to my myself and friends, were 
 not equally pointed with Mr Barry's, they 
 will say wherein they were short IhereoJ. 
 
 Yet liliat was the issue! After much talfi, 
 intrigue and pretence shewn and done, 
 with a view to deceive and delude, as well 
 as to furnish apologies, as I think, to justify 
 the appointment originally intended, I am 
 told — you have attended the old court by 
 your deputy, (as if I could have a deputy 
 without being clerk, and if clerk it was 
 not my duty to attend them,) and Col. 
 Beaucbamp, among others, (no doubt of the 
 like clean birds) have advised us not to ap- 
 point you. And Francis P. Blair, the fa- 
 vourite originally intended, receives the 
 appointment. I say I believe originally 
 intended. This Mr Blair held at the same 
 time, the office of circuit court clerk of 
 Franklin county ; but was more fond of 
 political scribbling and acting the man of 
 pleasure, than he was of performing the 
 duties of his office. The latter he left to 
 be done by deputies. Mr Blair had ac- 
 quired the credit of a sharp newspaper wri- 
 ter; and having talents that way. which i£ 
 is said he displayed in the pieces under the 
 signature of Patrick Henry, and has giv- 
 en further evidence no doubt, in the late 
 pieces under the signature of Jefferson, 
 was found to be an important character in 
 the play. Mr Blair was well qualified in 
 habits, politics, and circumstances, as well 
 as talents, to be confided in as their clerk. 
 But with all Mr Blair's acquirements, it 
 remains for the good and the virtuous to 
 say, how much praise should be bestowed 
 on one who can deliberately climb into the 
 offiice, over the head of him who without 
 charge of improper conduct. Las been for- 
 cibly deprived of its benefits. 
 
 I will now discuss the correctness of the 
 la\^, under pretence of which, my office Las 
 been'takeri forcibly from me, and will then 
 
8 
 
 T&lampi to siiow, by laying- belore you the 
 conduct of these judges, &c. why it was ne- 
 cessary to remove the old judges. 
 
 The 1st section of tlie 4fh article of the 
 constitution states, that "the judicial pow- 
 ers of this commonwealth, both as to mat- 
 ters of law and equity, shall be vested in 
 one supyone court which shall be fstijled the 
 court of appeals, Snd in such inferior courts 
 as the legislature may from time to time 
 erect and establish;" and the 5th section 
 of the same article states, that '"there s/ta/Z 
 be establislied in each county now, or which 
 may hereafter be erected within this com- 
 monwealth, a county court." 
 
 The court of appeals and county courts, 
 which the constitution declares s/t«t7Z*fi and 
 such inferior courts as (it also declares) the 
 legislature marj from lime to time erect 
 and establish, comprise one of the distinct 
 departments of government, to-wit: "the 
 judiciary" spoken of in the 1st section of 
 the 1st article. That section reads as fol- 
 lows: "The powers of the government of 
 tlie state of Kentucky shall be divided into 
 three distinct departments, and each of 
 them be confided to a separate body of ma- 
 gistracy, to wit: those which are legislative 
 to one, those which areexecutive to anoth- 
 er, and those which arejudiciary to anoth- 
 er." 
 
 The 9th sect,ion of the 3d article states, 
 that "thegoveroor shall nominate, and by 
 and with the advice and consent of the 
 senate, appoint all ojjiccrs whose offices are 
 KstahlisKcd bij this constiluiion, or shall be 
 established by law, and whose appoint- 
 ments are nut herein otherwise provided 
 for." ' 
 
 The ofuce of judge of the court of ap- 
 peals, attorney general, surveyor, coroner, 
 justice of tlie peace for a county and the 
 Jiigher grade of militia officers, are believ- 
 ed to be all established by tlia constitution, 
 whigli the appoiotmeut of ofllceis to fill, is 
 not otherwise provided for than aa snecifi- 
 #,'d in this 0th section of the Jd article, and 
 who hold their offices or appointments dur- 
 ing good bciiaviour. It is also believed 
 that thcyjudges, and clerks of "such inferi- 
 or courts as the legislature may, from time 
 to lime, erect and establish by law," as 
 aforementioned, arc the officers alluded to 
 as holding their ofiices during good behav- 
 iour and the continuance of their respect- 
 ive courts, as stated in tiie 12th section of 
 the tjth article. In this way the wording 
 of this last mentioned section becomes ac- 
 cordant with the od section of the 4th arti- 
 cle, which states that "ihe judges bolh of 
 the supreme and inferior courts shall hold 
 their ollices during good behaviour." 
 
 The ofltce of the judge of the court ofap- 
 jieals is erected and established by the cou- 
 •'itufion; that of n judge of thie circuit or 
 
 inferior courts is osiabliahei by a legisla- 
 tive act. The former is as permanent as 
 the constitution itself, the latter is as pec- 
 manent as the law which created it, and no 
 longer. As the constitution gives the pow- 
 er to the legislature to establish by law the 
 circuit courts, they can under the same 
 power, abolish those courts by repealing 
 the law. Not so with the court of appeals 
 and county courts; they shall be, the cir- 
 cuit courts may be, if the legislature so 
 choose. 
 
 The lOtb section of the 4th article states, 
 " Each court shall appoint it& ovm clerk, 
 who shall hold his office during good beha- 
 vior," and that qlerksof courts "shall be 
 removable for breach of good behavior, by 
 the Court of Appeals on/jr." Itseems there- 
 fore to follow as a necessary consequence 
 that after the judges of the court of appeals 
 were nominated and appointed, commis- 
 sioned and sworn into office, that the su- 
 preme court, to be styled the court of ap- 
 peals, was complete — and having been re- 
 gulated as to their jurisdiction and manner 
 of bringing business before tbem, by legis. 
 lative enactments, it became expedient to 
 appoint its clerk. That the judges and 
 clerk, thus appointed, became officers of 
 the constitution, and beyond the power of 
 the legislature to displace, but by impeach- 
 ment or an address of two-ihirds of the le- 
 gislature. But, if the judges had been re- 
 moved by impeachment or address, it is 
 conceived that the clerk could not be dis- 
 placed while the constitution exists, but by 
 the judges of the court of appeals onlt. 
 
 How then, can it be conceived that the 
 act of tJie last legislature is warranted by 
 the constitution, so far as it goes to displace 
 from office the judges and clerk of the court 
 of appeals ' And even had that wonderful 
 body, been vested with the power to dis- 
 place the cleik, it might be asked, for what 
 reason was tha.t power exercised, save for 
 the reasons heretofore mentioned ? 
 
 Let it be remembered that the constitu- 
 tion divides the powers of government into 
 three distinct departments: the legislative, 
 executive and judicial. It provides that 
 there shall be a governor, a legislature, 
 and one supreme court, to he styled the 
 court of appeals. It certainly establishes 
 any one of the three departments as well as 
 another. If it does not establish the court 
 of appeals, county courts and the power in 
 the legislature to establish by law, {tpm 
 time to time, such inferior courts as it ynay 
 choose, which you have seen to compose the 
 judiciary department, it does not establish 
 the offipe of governor, nor the legislative 
 department. The, constitution docs not 
 appoint the judges of the court of appeals, 
 nor limit the number; but you have seen, 
 Diat it directs th^t the governor shall noro 
 
Iiiale and by and vruh the advice aud cod> 
 sent of the senate, sppoiot all officers whose 
 offices are establishea by the constitutioo, 
 ar shall be established by lanr. Aod it is 
 fairly inferrable from the language of the 
 5th section of the schedule to the constitu- 
 tion that the judges of the court of appeals 
 should never be fewer than three; as at least 
 two judges ofsTiid court were to perform a 
 certain duty required of them by that sec- 
 tion, and two-thirds of the members of the 
 court is required to concur in the remoral 
 of a clerk. Nor does the constitution ap- 
 point the governor, or elect the members of 
 the legislature; but points out the way such 
 appointments or elections shall take place. 
 The style of the constitution is: "The le- 
 gislative ^ou^er of this commonwealth; the 
 supreme executive power of tho common- 
 wealth; and the judicial power of this com- 
 monwealth, both as to matters of law and 
 eqaitjt shall be vested," &,c. It therefore 
 establishes the offices of the three depart- 
 ments, and points out the way in which they 
 shall be filled by the legislature; and that 
 no inconvenience might arise from the 
 changes made in the constitution by the 
 convention of 1799, it was directed not to 
 he in force till the first day of June, 1800, 
 in order to give time to organize such por- 
 tion of the departments which might be 
 necessary, under the directions of the con- 
 stitution, as may be seen by refersnce to 
 the schedule. If the legislature can repeal 
 out of existence the judiciary department, 
 it can do the same with the supreme execu- 
 tive department, as well as the legislative 
 department ; for if the repealing of the laws 
 made in pursuance of the direction of the 
 constitution to complete the organization 
 of either department, abolishes that depart- 
 ment ; to repeal the laws regulating elec- 
 tions, must abolish both the executive and 
 legislative departments as completely and 
 entirely, as the repealing the act organiz- 
 ing the court of appeals abolishes the oiBce 
 of Judge of that court. The idea of re- 
 pealing out of office a governor, lieutenant 
 governor, or a member of the legislature, 
 in passing an act by a majority of even all 
 the members elected, has never yet been 
 contended for ; and indeed, it would be 
 hard to conceive of an idea equally absurd, 
 save that now contended for— that the act 
 of last session reorganizing the court of ap- 
 peals, does constitutionally displace from 
 office, the judges of the constitutional court 
 of appeals. 
 
 Although the constitution does not say 
 of how many members the court of appeals 
 shall consist, yet it defines thie duties of the 
 court ; and the 3d seclieuof the4th article 
 declares, that the judges when appointed, 
 shall hold their office during good behavior, 
 Nor does the conslitntion sav of how many 
 
 members the Beuate ur houbeot represeuLa- 
 tives shall consist, but leaves the number 
 to be fixed by law, between 58 and 100 in 
 the lower house, and in the senate, in a due 
 proportion to the number in the lower house. 
 The member who is elected to a seat in the 
 House of Representatives, over the num- 
 ber 58, this being the number when the 
 constitution was amended, in that house — 
 is as much in by the constitution as any 
 member of the 58 — although all above 58 
 are provided for by an act of the legisla- 
 ture, as directed by the constitution. And 
 will any one contend, after the members 
 are elected under the mode pointed out by ■ 
 said act, that the legislature can, by re- 
 pealing that act, turn all members thus 
 elected out of their seats 1 Or will any one 
 contend that the whole members elected, 
 could not serve out the term for which they 
 were elected, because the election law un- 
 der which they were elected was repealed? 
 Let us apply this principle to the case 
 of the governor, and suppose that the legis- 
 lature had by a constitutional majority of 
 all the members elected, passed an act re- 
 pealing the election law by which he was 
 elected, the governor's objections to the 
 passing said law, notwithstanding — would 
 his excellency and his judges, concur in 
 saying that thereby he was removed from 
 office 1 It is presumed that his excellency 
 would really think the case being altered^ 
 altered the case ; and would feel inclined 
 to say, Indeed Mr Legislature 1 amnot the 
 Governor your act removes from office ; my 
 constitutional term of office has not yet ex- 
 pired ; and I shall let you know that your 
 " legislative ^oji'cr" has no right to exer- 
 cise any power properly belonging to my 
 "supreme executive po2^e>-." This law is 
 unconstitutional, aod cannot take from me 
 my precious two thousand dollars a year. 
 No.no, this will not do. Where are my 
 judges of noses of wax "? Come forth, my 
 lords, and declare this act void, and direct 
 the auditor to issue his warrants and the 
 treasurer to pay them to me as usual, or by 
 the virtue contained in my " supreme ex- 
 ecutive power," and my great cane, I will 
 cause the constitutional laws of my country 
 to be executed. 
 
 But to return to our subject. Will any 
 one contend that by repealing the acts re- 
 gulating elections, the term of service for 
 which the governor, senators or members 
 of the house of representatives have beea 
 elected, can be curtailed and the office a- 
 bolished? How absurd is it then to say, 
 that by repealing an act regulating 
 the court of appeals, or prescribing the 
 numbers of which it shall consist, remove 
 the judges until their term of service (good 
 behaviour) expires. 
 
 The reason for all this is, that wheiievsr 
 
tuecoiistituiioii provides for tlie existence 
 of an office that office must always exist. — 
 The constitution provides expressly that 
 the office of governor shall exist; that the 
 office of judge of the court of appeals and 
 justices of the county courts shall exist; 
 and that the office of legislators shall exist. 
 They must each and all exist, or no one of 
 them can; for the destruction of one of the 
 departments destroys the whole fabric of 
 goverumeot as made by the people. The 
 people by their representatives in conven- 
 tion met for tliat purpose, made the consti- 
 tution; it is the supreme or paramount law 
 of the state government. It divides the 
 powers of that government, by assigning 
 to the legislature the right of making laws; 
 to the judiciary the right of expounding 
 laws, and to the executive the right of en- 
 forciog laws by causing them to be execu- 
 ted. It makes these departments mutual 
 checks on each other. If the legislature vi- 
 olate the constitution, the governor or judg- 
 es may refuse to carry the law into effect. 
 But if a bare majority could remove the 
 governor from office fur refusing to carry 
 the law into effect, of what avail wauld the 
 powers given the governor hel If the le- 
 gislature could by a bare majority, repeal 
 the judges of the court of appeals out of 
 office, these judges would form no barrier 
 to legislative encroachments; aud all pow- 
 ers would necessarily result in one body, 
 the legislature. This is what Mr Jefferson, 
 in his Notes on Virginia, page 126, de- 
 clares to be "precisely the definition of des- 
 potic government." The executive and 
 judiciary can check the legislature by re- 
 fusing to carry a law into effect. But, if 
 two-thirds of the legislature conceive, that 
 the judges or governor have violated their 
 duty in refusing to carry the law into effect, 
 they can vote a removal by address or im- 
 peachment. But the causes of removal 
 must be spread at length oo the jourraU.—- 
 So if a member of either branch of the le- 
 gislature be unworthy, or misbehave him- 
 self, he can be expelled from the legisla 
 lure; notby a bare majjray, out by two- 
 thirds of the member.^, (see '20lb section 
 2d article constitutioi, of Kentucky ) la 
 all cases of removal, tiie constitutiou re- 
 quires the concurrenci- cf tw.> thirds of the 
 members. The most ordiuary justice of the 
 peace of this commonwealth, cannot be re- 
 moved by a less numbor tlian two-thirds of 
 the members. And evcri Mr Barry him- 
 self has ackniiwledged lliis by his own acts, 
 in the cases of David Logan and Leo. K. 
 Bradley, justices of Fayette county, (see 
 journals of the senate liJlT.) — Can it then 
 be believed, that the framers of the con- 
 Etitution ever intended to commit the fate 
 of the judges of the appellate court of the 
 Gtate to the vote of a bare majority? Be- 
 
 sides bav6 you Dot all heard and read iVora 
 the leaders of this relief and judge break- 
 ing party, in their speeches and circulars, 
 that their reason for voting for the conven- 
 tion bill the session before the last, was that 
 they wished to have the constitution amen- 
 ded 80 as to have the judges removable by a 
 bare majority. But the people gave such 
 indications at the last election against the 
 convention project, that these constitution 
 breakers were last session compelled to vote 
 against the convention bill. And, strange 
 to say, they then in violation of the plain 
 letter of the constitution, what they had 
 admitted was its moaning, and why thejr 
 wanted a new constitution, passed a law 
 by a bare majority, removing the judges 
 from their official seats. And what is still 
 more strange to tell, they now have con- 
 tempt enough for the understanding of a 
 high-minded free people, to pretend — yes, 
 prc.ttnd that they believe tl at f; pv did not 
 not violate the constitution. Tney have 
 caused volumes to be printed to shew that 
 they have only repealed a law thai the le- 
 gislature had heretofore passed, and which 
 they could rightfully do; that, one court of 
 appeals can be done away and another 
 erected in its place Avith the same ease and 
 with the same right that the members of the 
 legislature of one year may succeed those 
 (I another. See their Jefferson pamphlet* 
 W at ignorance they must attribute to the 
 ppople, or how barefaced and daring is the 
 delusion here attempted to be fastened ou 
 them! Who does not know that the mem- 
 bers of one annual meeting of the legis- 
 lature, may give way to that of another; 
 yet the office of legislators is the same 
 though filled by different men at different 
 times! And who will deny, but that the 
 court of appeals maybe filled by different 
 men at different times, and still the office 
 of judge of ihe court of appeals remain the 
 same? The incumbents of office at one 
 time, may constitiitionally be succeeded by 
 others at other times; liut still the office both 
 of judge and legislators untlergoes no 
 cbaijge. 
 
 It is admitted that the legislature may 
 repeal •ri.ner laws; but when they Jo so, 
 they muoi not violate the constilntioB by 
 impairing contracts entered intc?, o»' rights 
 sancii ocd by the law. They may repeal 
 all laws /lovidingfor the election of gov- 
 ern ir, hut iLey cannot rleclare the office of 
 gov\.)u'jr vacai'w'd, and proviciefoi the elec- 
 tion of a new governor. They m.iy repeal 
 all '-^TTr T'^criilatipg elections of members of 
 iiit general assembly; tut car.noL turn 
 out of the house a single member, but by a 
 vote of two-thirds. And so they may re- 
 peal the laws relating to the court of ap- 
 peals. But the court like the legislature, 
 being of constitutional creation, caono: 
 
6 
 
 be destroyed; and to remove the judges 
 two-thirds must concur in an address, or 
 two-thirds of the senate upon an impeach- 
 tnent. The legislature may repeal tlie act of 
 1796, and all orhe» laws declaring whoshall 
 be slaves, but wutiid that set all slaves frcel 
 and why not? Because the coostilution has 
 declared how slaves shall be freed, (see the 
 7th article.) And so has it declared how 
 judges shall be removed from oOicc. The 
 legislature may repeal all laws relating to 
 and fixing the seat of government: but 
 would that remove ihe scat of governraenf? 
 and why not! liecause the constitution, as 
 in the case of the judges, has prescribed 
 the mode in wlmh the seat of government 
 shall be removed It requires a concur- 
 rence of two-thirds of the legislature elec- 
 ted in removing it. 
 
 People of Kentucky, can yon lielieve 
 that the Uw of last session repealing tiie 
 laws heretofore respecting the court of ap- 
 peals, and for reorganizing that court, is 
 not a violation of the constitution of your 
 country? Haveyou read yourconstitution, 
 unbiassed by any other considerations than 
 that of a regard for truth'! If so, you can- 
 not doubt its violation. If you never 
 have read it, let me entreat you to get it 
 and '-ead it for yourselves. Take not niy 
 construction, nor any man's construction 
 of its meaning; let your own plain common 
 sense detormine its meaning. Read it, not 
 fortl.e purpose of supporting this man's or 
 that maa's opinion or election; nor. to re- 
 tain i'j office tliis man or to displace ano- 
 ther; ri--ad it fur the sake of Irutk and jus- 
 tice, read it fur the purpose of securing and 
 rnaiutaioing your natural ami constitution- 
 al rights. Condemn none of its provisions 
 till you have thoroughly examined the rea- 
 son fir their existence. Tread slowly, and 
 cautiously, overits contents. Understand 
 it thoroughly, and you will hug it to your 
 bosom as your safeguard against cppicssioB 
 and oppressoi's vvrougs. W>('i llie ^'d 'i an 
 indepf.ndeni, fii;ii and honpst set r judges, 
 it will shield the po'^r frr;m the laiiuence of 
 the rich; the ign jrant and ( ic iirtless (riim 
 the designs of the learned and arffut; the 
 weak from 'Ije vinlen-ie of the sti .ng; and 
 the rights of the minority, from I'le gr.,spof 
 the avaricious majority. It willdo mwre, — 
 it will secure to the poor buthonesi labour- 
 er the fruits rif his industry and labour; and 
 force the scienUjic debtor, those head- work- 
 ing gentlemen that tread on fine carpets, 
 indulge in sple'i<!id carriages and enter- 
 tainments, to livn within their incom*', 
 by making them pay their dehts. I be- 
 seech you nut^to disregard these requests 
 because they may not now seem to call forth 
 your attention as to any immediate in- 
 terest which you may now feel on the ques- 
 tion of judge breaking &c. The axe has 
 
 been applied to uiy ligiits and priviit]gefi;t 
 and may, ere long, be laid to your tree of 
 
 liberty. 
 
 Once settle, and yield (he point, that a 
 bare majority of the legislature can repeal 
 all laws and when repealed, that whatever 
 is held under them or brought into exis- 
 tence by them, (the constitution notwith- 
 standing) goes with the repeal; and the as- 
 piring mortals of the day, may by a single 
 act of intrigue, divest you (as they have me 
 of my office) of all your slaves; »iay they 
 may go farther, and like William the Con- 
 queror, divest you of your lands, and par- 
 rel them out among their followers and sup- 
 porters. Suppose the legislature shoulA 
 repeal all laud laws, (and they may well do 
 so by a bare majority,) should we not lose 
 all our lands according to this doctrine 
 of legislative supremacy? We certainly, 
 under this doctrine, jeopardize every ar- 
 ticle of property, as well as our lives and 
 liberty. Who ever bad an uncontrolled 
 and unlimited power, that did not abuse it?- 
 And, who has for years observed the temper 
 and importance of members of the legisla- 
 ture, that would not dread their power if not 
 checked by some constitutional restraint? 
 Suppose a bare majority of the members 
 were to pass a law, declaring that there 
 should not, at the August ensuing, be an 
 electionheld, in express contravention, as 
 it would be, of the provisions of the consti- 
 tution on that subject; and this they might 
 pass even in despite of the supreme execu- 
 tive and his great cajie: can any sober, 
 balanced mind say, that the majority had a 
 right to pass such a lawl And that the act 
 of the majority in this case, as in all others, 
 must govern? If any one be disposed to 
 sanction this stretch of power on the part of 
 the majority, such a person cannot deny the 
 right of the majority to pass a law unhinging 
 every legal tie by which we hold our lands, 
 our slaves, and personal property. What 
 would prevent their passing a law to dis- 
 tribute the proceeds of the honest, econo- 
 mical, industrious part of society, equally 
 among the political spendthrifts and the la- 
 zy idle part of society? Do we not alrea- 
 dy see the doctfine contended for, that the 
 legislature are the people, and the oh/?/ or- 
 gans through which the people speak and 
 act? And if so, of what avail is the oflice 
 of governor and judges? are they not infal- 
 lible nuisances? For if they cannot act in 
 any manner ns a check upon the legislature, 
 but in a_ccordauce at all times with their 
 view s, we pay too high a price for, and too 
 much res|>ect to, such tools for the legisla- 
 ture to work with. But who is he that has 
 read the constitution and reflected there- 
 on, without the aid oi atencher of the prin- 
 ciples of this majority, that can say, that 
 the people do not act through the judicia! 
 
as well as the executive and legislative de- 
 parltnents of the governmant'? If tljerc be 
 Slid) a one, let him be silent, or retlect well 
 before he exposes his own ignorance, or 
 barefaced contempt for the nnderstanding 
 of his fellow men. Does he consider the 
 people of Kentucky as a simple flock 
 of geese, ready to cackle out at all times 
 an acquiescence in, and approbation of 
 whatever absurdity of construction of their 
 constitution, as well as to adopt, without 
 reason or justice, whatever measures Wm. 
 T. Barry and his party shall dictate! And 
 yet, we are very seriously informed, not 
 only that the legislature are the people, 
 but that the people are not bound by their 
 constitution; and that a majority of the 
 legislature ought to govern in all things — 
 Who made the legislature the people? The 
 history of my country, common sense and 
 matter of fact, state, that the people in 
 convention made the constitution, in which 
 is pointed out the way the legislature came 
 into existence; not as the -people themselves^ 
 but as the servants of the people, vested 
 with limited powers under the authority of 
 the constitution made by the people; which 
 powers cannot be transcended by them 
 rightfully; but every attempt to transcend 
 them, is running against the constitution, 
 which they swear to be faithful and true to. 
 Would it not be absurd, to say that the 
 people made that constitution under which 
 the legislature came into existence, and 
 yet contend that the legislature is the peo- 
 plel If the legislature be the people of 
 Kentucky, and as pseudo Jefferson says, 
 one legislature passes away and another 
 succeeds, Kentucky must have had at least 
 thirty-four sets of people within thirty-three 
 vears past, as there has been that many 
 clectionsfor members to the legislature. 
 
 But it is said, although the constitution 
 has pointed out two ways by which the 
 iudn-es may be removed from office, it does 
 not say no other way sliall be resorted to 
 by the legislature for that purpose. Here 
 is another wonderful display of the acumen 
 of thought and judgment of this party. 
 The legislature in the preface to the reso 
 lution which they passed at their session of 
 1816-17, furnishes an appropriate answer 
 to this question. (Sec Journals of tliat sess- 
 ion; of the Senate, page 193, and of the 
 H. R. page 2'V^.) It is as follows: 
 
 "Tiie late mournful event, the death of 
 bis late excellency George Madison, may 
 have excited in the minds of some, 'he 
 constitutional inquiry, whether the lieutcn- 
 ant,governor must exercise the functions 
 of governor during the residue of the gu- 
 bernatorial term, or whether this legisla- 
 ture can provide by law for a re-election to 
 fill tlie vacancy? It will bo readily admit- 
 ted that the right of suffrage ought to be 
 
 supported by this body, and that every 
 door to the exercise of that right should 
 be fully opened by statutory provis- 
 ions. But at the same time a greater 
 stretch ot an unlimited exercise of that 
 choice privilege than the constitution will 
 justify, ought not to be made. By that 
 charter the people in convention assembled 
 have seized upon, secured and provided for 
 many of their rjo^hts and privileges, and 
 restrained the departments of government, 
 as if too jealoiis tt> trust them to tie yearly 
 provisions of this assembly, or have counted 
 them too sacred to be exposed to the jeop- 
 ardy and haz.ird of momentary feelings or 
 party zeal. It will also be admitted that 
 where the voice of the people, expressed 
 in that broad charter of their liberties, has 
 not restricted and forbidden the exercise of 
 power, that power remains with them and 
 may be exercised by their representatives. 
 But it must at the same time be acknowl- 
 edged, that where the constitution has ia 
 constructing the machinery of government, 
 fixed any part of its organs, and provided 
 the mode of appointing its officers, there 
 we as a legislative body cannot derange its 
 organization by substituting any thing in 
 its place. It has said, that elections shall 
 be held on the first Monday in August, an- 
 nually: It has no where said, that they shall 
 not be held at any other period; yet the 
 legislature could never fix upon any 
 otiier day. It has said, that senators 
 shall be elected for four years: It no 
 where declares that they shall not be elec- 
 ted for a longer or shorter period; yet a 
 provision by law fcr a longer or shorter 
 time of service to that branch of the le- 
 gislature would b« inopora'ive and void.— 
 It has said, that the logislatiire shall direct 
 tiie mode of issuing writs of election to fill 
 vacancies in either branch; and has not 
 expressly restricted other modes of supply- 
 ing vacancies; yet a legislature, it is presum- 
 ed, could not be found hardy enough to fill 
 a vacancy by its own vote, or executive ap- 
 pointment. The governor by aed with the 
 advice and consent of the senate, must ap- 
 point and commission all officers, whose ap- 
 pointment is liot otber\vise provided for, 
 while other modes of appointment are not 
 expressly forbidden, yet an act of assembly, 
 cannot create a judge or commission even 
 a justice of the peace. lu like manner the 
 governor shall be elected at the end of ev- 
 ery four years; can we elect one in the in- 
 termediate space of 'iine.' The successor 
 pf the governor is puinted out, and even 
 tlio successor of itiat successor; can we sub- 
 stitdtr' anjther suci;eb<ior unknown to the 
 cotistiJutioii! The officer assigned to fill 
 'he place of the governor, must be elected 
 simultaneously with him; can we create one 
 that is not elected with himT Such a con- 
 
elusion must not only be prepostoroiis, but 
 subversive of the iristnnncnt which we 
 ought to support. If this body can by leg- 
 islation, or the people by election, create 
 a governor to fill fractional periods, it must 
 be only in those cases where the constitu- 
 tion is silent and has furnished no remedy; 
 such a case has not occurred; no such event 
 has happened. Without, therefore, fur- 
 ther reasouirg' on this subject, this legisla- 
 ture does not hesitate to declare that the 
 present lieutenant governor now acting as 
 governor, is the constitutional incumbent 
 of that office, until the next revolving pe- 
 riod of four years hag elapsed, when the 
 right of free suffrage again will recur; and 
 they decidedly coacur in the follon"ing res- 
 olution: 
 
 "Resolved, lij the General Jlssemhlj of 
 the ConkinoiiWP.alth of Kentucky, That the 
 present lieutenant governor is entitled to 
 hold, by constitutional right, the office of 
 governor, during the residue of the time 
 for which his late excellency George Mad- 
 ison was elected, and that no provisio.n can 
 be made by law for holding an election to 
 supply the vacancy." 
 
 Let it be remembered, that on the adop- 
 tion of this resolution in the house of repre- 
 sentatives, the yeas and nays stood thus; — 
 Yeas — Messrs Barret, Birney, Blackburn, 
 P. Booker, Bowman, Caldwell, Cook, 
 Henry Cotton, Cox, Moses Cummins, Cim- 
 ningham, Ber-jainin Z)ai)js,Dollerhide, Ben- 
 jamin Duncan, of Lincoln, Eggleston, Ur- 
 bin Ewing, Ford, Gaither Garrison, Gwin, 
 Gilmon, Wm. Good, E. Grant, L. Green., 
 Grundy, Harrison, Jamison Hawkins, Chas. 
 Helm, Holman, John Hombeck, H. Jones, 
 Logan, Love, Marshall, Mercer, Mills, 
 IVJoreman, Thomas B. Monroe, Samuel M' - 
 C*otc;/ of Mercer, M'Hallon, James M'Ma- 
 hon, Win. McMillan, B.ll. Reeves, James 
 Itobinson, John Rowan, Richard Rudd, 
 Shepherd, Slaughter, Spillman, S. Steven- 
 son, Stapp, T. SKvenson, Todd, True, Un- 
 derwood, Ward, Philip White, Weir.Wick- 
 lifFe, Woodsand Yantis— 63. 
 
 Those who voted for it in the Se- 
 r.atv', were — Ed. Ttul'ock. C^-^i-dkcr.) An- 
 thony Bartlett, Hamia:: L..jn:u.n, A. Chap- 
 lain, S. Churchill, Robert Ewing, Faulk- 
 ner, GriOin, J G;<rravd, D Garrard. Hill- 
 yer, Hardin, Jnnes, Johii L"'\raster. James 
 Mason, of Ivlontgomt'ry. Wm. Owens, of 
 Atlair, Josephns Perrin, .^f Harrison, Uriel 
 r^i'bne, of Boone, Fiilf.li'' C. Sharpe, Sim- 
 ral, John B- Smith, Dav d Thompson, of 
 Scott, Richard Taylor, JVtyi. IVorthington , 
 ofMiililonbrrg, WitkL'tF, Wm. Woods, of 
 Cumberland, WaiJe, Welch and Matthew 
 "Wilson, of Christian. 
 
 It would seem from the doctrine laid 
 down in this preamble and resolution, that 
 Mr Rowan, Mr Monroe as well as Mr S. 
 
 M'Cown, must have cut a somersel as to 
 theiropinion of the constitution, since 1816. 
 How humiliating it is to see our big men 
 blowing hot and cold from the same mouth! 
 Pause, my countrymen, and examine the 
 ground well before you venture to follow 
 Wm. T. Barry, and suite further in their 
 proud career of mischief and usurpation.— 
 These men are designing and treacherous 
 to your interests. Their course is not dic- 
 tated by love of country; the good of the 
 people ; butfrom sordid, interested motives 
 and a thirst for power. To accomplish these 
 ends they will stickle at nothing ; no no- 
 thing which they conceive prudent to per- 
 petrate. 
 
 I know how little consequence is attach- 
 ed to the declarations of so humble an indi- 
 dividual as myself, and how ready the 
 world is to join in lessening the conse- 
 quence of the unfortunate and powerless, 
 and to pelt him as he passes down the cur- 
 rent of misfortune. I have often seen the 
 bare declaration of the honorable B. and 
 the like honourables of the day pass for 
 current coin, without any more substan- 
 tial reason to support them than there is 
 silver to pay off the notes of the President, 
 Directors & Co. of the Bank of the Com- 
 monwealth; they were the declarations of 
 great men, of captains, majors, colonels 
 and generals, — of pert clerks, attornies 
 and honorable judges, governors, and sec- 
 retaries, of members of the legislature and 
 of congress, seasoned with self-confidence 
 and consummate impudence, highly ne- 
 cessary to consuiTimate the portrait of a 
 modern great man. I have felt the weight 
 and power of such honourable men. I ex- 
 pect to feel their power and influence. 
 
 I have seen the wise, the virtuous and 
 the good, say but little, while the foolish, 
 the wicked, and the self-conceited were 
 spouting out their own consequence; teach- 
 ing when they should have received instruc- 
 tion; condemning where they should have 
 bestowed praise, and exulting in their own 
 consequence when the honest cheek would 
 blush at their folly and depravity. From 
 the latter I expect every injury, while I 
 fear the supiness of the former will suffer 
 me to sink beneath acciinrilated injuries. 
 Be ii so. Yet I will not be deterred from 
 making an exposition of the powers that be, 
 and laying before the people of Kentucky 
 scntie of tho motives and reasons which 
 go"erned the Barry party in their high- 
 handed measures, and of the characters of 
 ibote w^' fill the judgment seats, so sin- 
 fully usurped. As an American free-bora 
 citizen. I claim ihe right of freely commu- 
 nicating my thoughts and opinions, and of 
 speriking, writing and printing the samo ; 
 and illustrating them by facts, whicb shall 
 speak for themselves, I know that th» 
 
^ 
 
 {v^iMic Mriii aoiy lake that w-ixich I aay and 
 s4iew, for what it is worth, aod I ask no 
 more. But before I am tried, condemned 
 and cast out as prey to the vultures of the 
 party, I humbly beg that the good people 
 will examine for themselves the opinions 
 and statements I shall give and the docu- 
 ments I shall refer them to. I regret 
 much that my ill health has prevented my 
 doing more justice to the subjects on which 
 I have touched. I believe the field is spa- 
 cious and ample; and I trust those whose 
 healtii and talents surpass mine, will not 
 neglect them, but will do them full justice. 
 Let it not be understood, that I am govern- 
 ed in this hope only from feelings adverse 
 to particular men, and the deprivation of 
 office; yet I acknowledge the influence of 
 those feelings. I trust, however, I am also 
 actuated from the following more weighty 
 considerations. 
 
 It has been properly said, that "rational 
 liberty consists in the power of acting ac- 
 cording to a will conveniently circumscri- 
 bed." Tiiat "man has angry passions, and 
 a disposition to appropriate the industry of 
 others to his oicn use and pleasrire," To set 
 a "proper restraint upon his passions and 
 dispositions, so as to make them subserve 
 the general good, anJ the rights of each in- 
 dividnal, is the proper object of govern- 
 ment." That "our government acknowl- 
 edges an e^j^a/jfy o/" rights and distributes 
 the powers of government in such manner 
 as they shall consult the peace, safety and 
 happiness ofthe people." That " it is wise- 
 ly planned, and to atlempt to mend it, there 
 would be fnnch to lose, and but little to 
 gain." That "under this form of govern- 
 ment much depends upon yourselves." — 
 That "the constitution is on paper, and 
 men are the agents by whom its action 
 on the people is to be given and regulated. 
 These agents are to be chosen by you ei- 
 therdirectly or indirectly." "What wonld 
 it avail, to have a good government in 
 Jbr7n but l^bad one injcict; a good constitu- 
 tion, but a bad administration!" "That 
 the wisest plans will fail of success when 
 fools and knaves shall be allotted to exe- 
 cute them." "What benefit would result 
 from wholesome laws if those laAvs be not 
 administered!" "The laws of themselves 
 are but dead letters; to give t^iem life and 
 activity, you must have j^^'^P^''" "^^^'^ to 
 make them known, to hear and determine 
 all transgressions ofthe law and to pimish 
 the oftenders." "Upon a. faithful energetic 
 administration of the laws, your liberty de- 
 pends." "That the oHice of judge is a 
 high trust and considered most intimately 
 connected witli personal liberty, and the 
 rights of property." "Judges should be 
 lonrncd in Ihieory and in practice, in ab- 
 
 straxit prinoijilqs an*i id matieva at faqj— ^fi 
 books of letters and in the book of humab 
 nature — intnorality and in the ways of men 
 and their modes of transacting business. 
 They should be of an independent cast of 
 mind, and of solid integrity. Not swayed 
 by party nor governed by interest. They 
 should have salaries adequate to a comfort- 
 able and independent subsistence^ and 
 prohibited from commerce, traffic or spec- 
 ulation. They should be studious, patient, 
 diligent, and know no person or matter tfe- 
 hors the record of the case before them ; 
 to which they should do strict justice, to 
 the best of their skill and abilities." 
 
 I will now proceed to speak of Mr Barjy 
 and his two associates. William T. Barry 
 commenced his political career a federal- 
 ist, and started a paper in Lexington of 
 that description, in the names of Watson 
 and Overton, his pupil and brother-in-law, 
 under his immediate patronage ; so it is 
 said, and to the people of Lexington I re- 
 fer for the truth of the fact. But tindino- 
 he had mistaken the popular side, he be- 
 thought himself how he should sneak out 
 of this difficulty. Tjie war in the mean 
 time broke out, and John Pope, his formei- 
 friend and patron, having voted against the 
 declaration of war, and the people of Ken- 
 tucky being in favor of it, Mr Barry seiz- 
 ed the opportunity, at the expense of his 
 friend, to wriggle himself into public fa- 
 vor, by abusing federalists and federalism. 
 
 The war being over, the next hobby he 
 mounted was the new election question. 
 He was for putting down Gabriel Slaugh- 
 ter, and filling his place, some say, with 
 Capt.John Fowler; be that as it may, he 
 used it as a hobby to ride into the senate 
 of the state legislature over another vene- 
 rable friend and patron, Edmund Bullock. 
 It appears that Mr Bullock was not only bis^ 
 personal friend, but Mr Barry had growti 
 into notice under his particular care and 
 attentions. It would be useless to speak 
 ofthe amiableness of Mr Bullock's charac- 
 ter as a man, and the correctness of his 
 course as a legislator; his own county-men, 
 as well as others, know him too well to need 
 any eulogy from me. It is true I have 
 known that gentleman for twenty-nine 
 years, and am proud to have known him. 
 But Mr Barry, regardless of circumstan- 
 ces, with the assistance of his coadjutors, 
 so misled for awhile the people as to ride 
 into office upon the downfall of his friend 
 and patron. 
 
 Clated with his great success, and fired 
 by ambition, Mr Barry became sensible 
 that he should cut a greater figure in the 
 political world ajid get more money and 
 power by going to congress. Accordingly 
 Mr Barry leaves the slate goverqmcDt, 
 
10 
 
 atd h*rdeai' slate lugLta for a seat in con- 
 gress- 
 
 The question as to recbartenng the Uni- 
 ted States' Bank was voted out with his as- 
 sistance— why1--becawse it wielded Brit- 
 ish capital. To touch British gold was 
 at that time, like eating the parson's 
 grass — it was sacrilege. Some however 
 say, that he would not re-charter that l.ank 
 because all its funds were loaned out, and 
 there were no snacks left for him to bor- 
 row. Be that as it may, he would not vote 
 for the recharteriug the bank. There was, 
 liowever, another measure proposed which 
 pleased his fancy better — a compensation 
 bill was introduced by .the conqueror of 
 Tecumseh. So small a sum as $1500 per 
 year for a member pf congress, when asked 
 for by 60 great a patriot could not, ought 
 not to be refused. Mr Barry voted for the 
 bill, and pocketed the cash. Afterwards, 
 a bill was introduced to establish a United 
 States' Bank of 35,000,000 dollars of cap- 
 ital, in which there is no provision against 
 foreigners taking stock; and no fears of 
 British influence from British gold now are 
 entertained by Mr Barry; no, this is the 
 people's bank — the government has an in- 
 terest in it. Its large capital will enable it 
 to send its branches to all sections of the 
 country; we can have branches in Kentucky, 
 and Mr Barry may be a director thereof, 
 borrow as much money as he pleases, and 
 lend to as many as he can make friends of. 
 During his being in congress he had heard 
 what Ca:sar had said while in his ambitious 
 career — "Give me money and I will get 
 men; give me men and I will get money." 
 By this bank Mr Barry saw he could do 
 both, get money and men. The measure 
 was therefore not only constitutional and 
 wise, but the exigencies of the nation re- 
 quired such a bank. He voted for the es- 
 tablishment thereof. The train is laid, the 
 bank goes into operation. 
 
 James Prentiss, of Insurance memory, 
 ■was despatched with letters and recom- 
 mendations from Lexington, to negociate 
 with the mother bank for a branch at that 
 place. He succeeds in getting a branch ; 
 himself, Wm. T. Barry, John T. Mason, 
 John H. Morton, James Taylor, of New- 
 port, and oth€rs appointed directors — and 
 it commenced its operations in Lexington 
 about the i-'Tlh January, 1817 — and before 
 the 15th of May lijio, (afew individuals of 
 the parly had drawn 281, 7L;2 dollars, and 
 the same individuals were security for 
 225,873 dollars.] 
 
 [We omit the particular sums and the refer- 
 '^nce to the names of private individuals which 
 I^r Snecd has thought proper,- unnecessarily 
 I'^e think, to introduce in this address to the 
 
 public, ^lie peculiar situation of Mr fe. Sfnaii.- 
 mg under the severe injury inflicted upon him 
 by the New Court, has induced him to go far- 
 ther than a strictsenseof justice would justify. 
 He is entitled to the benefit of all the rule? 
 which authorise an investigation of the trans- 
 actions of public men ; the course pursued to- 
 ward the Old Judges, and the cruel warfare 
 through the press againstthefriendsof the Con- 
 stitution, taken as precedents, sanction a wider 
 rnnge in retaliation than we could wish to sec 
 pursued, but in respect to private individuals, 
 and their'private affairs, there is a limit which 
 the press ought not to transcend.] — Ed. Rep. 
 
 Mr Barry, we have said, voted for the 
 establishment of the United States' bank " 
 while in congress; assisted in getting a 
 branch placed at Lexington, became a di- 
 retor thereof, and as we may justly infer, a 
 strong friend to it; for on the 2d of Feb- 
 ruary 1818, a motion was made by Mr 
 Welch to lay the bill on the table from the 
 house of representatives entitled "an act 
 to tax banks in this commonwealth," an 
 act aimed exclusively to the branches of 
 the United States' bank, until the end of 
 the session, we find that Mr Barry voted 
 in the afTirmative. But the bill was passed. 
 Suit was then brought in the general court 
 under a law of the legislature, against the 
 directors of said branches who refused to 
 pay the tax: and Mr Barry was one of 
 the directors. Now, be it remembered,, 
 that this very act for taxing banks, had 
 passed the legislature of Kentucky by a 
 large mrijority; yet Mr Barry refused to 
 abide by it, because, as he said, it was un- 
 constitutional. Yet he could fix on me a 
 fine for disobeying his authority under an 
 act of the legislature, notwithstanding my 
 objections to the constitutionality of it. — 
 The suits thus brongbt progressed for trial 
 in the general court, then sitting on the 
 lower floor of the state house, while Mi- 
 Barry, the now shield of State rights, was 
 in the senate above. In addition to the 
 great interest which Mr. Barry took in 
 these banks from the circumstances afore- 
 mentioned, he had taken a fee of $500 (in 
 specie) to appear for said branches in the 
 general court. The suits are called, and 
 Mr Barry, with $2 of paper in one hand, 
 as pay of a senator of the state of Ken- 
 tucky, and $500 specie in the other, as a 
 fee from the United States bank, marches 
 into court. Here he not only undertook to 
 satisfy the general court of the unconsti- 
 tutionality of the tax law, but on the 19th 
 of February 1819, when arguing the pro- 
 priety of the federal court's granting an 
 injunction which he had applied to them for 
 against the proceedingsof the oflicer under 
 said tax law, he derided the legislature 
 for attempting unconstitutional ami lawless 
 
11 
 
 violence in passing tlie act iiDposiog the 
 tax upon the bank of the United States. — 
 This hedid in a set speech of considerable 
 length, which he afterwards caused to be 
 published in the papers in Lexington. If 
 these fads be denied by Mr Barry or his, 
 friends, they can be proven by many wit- 
 nesses. Yet this great friend to stale rights 
 and state sovereignty, and enemy lo the 
 United States' bank, has Iho barefaced 
 etlronlery lo call aiher men ''bank jiniges" 
 and ''bank courts.'' Where is tlie man in 
 Kentucky that has done more to fasten 
 these branch banks upon us tiian this same 
 man IV. T. Barry] — I aok the question in 
 vain. 
 
 Mr Barry may have gotten sick of 
 banks. But we find that on tlic 21st Jan- 
 uary 1818, he voted for the passing of the 
 independent bank bill, which created 43 
 banks. On the lOth of December 1S17, 
 he voted for the passing of a bill entitled 
 "an act to amend an act lo incorporate the 
 Kentucky Insurance Company;" and at the 
 same session he voted for (he passage of 
 "an act to incorporate Sanders' manufac- 
 turing company," and a bill siippleraenlal 
 thereto; which last bills had banking pow- 
 ers without money to bank on, which 
 he well knew at the time he volcdfor them. 
 
 Mr Barry was no Shylock. He was al- 
 ways ready to vote for an increase of the 
 circulating medium, even at the expense of 
 creating banks for that purpose; but you 
 will find by tracing his proceedings in the 
 journals, if I am not mistaken in the pe- 
 rusal I have given them, that until he was 
 turned out of the directory of the United 
 States' branch bank at Lexington, he 
 neither voted for an occupying claimant 
 law nor a replevy law; and the first en- 
 dorsement law hedid vote for, was on the 
 9th day of February 1820, when, no doubt 
 to avenge himself on the United Slates' 
 bank as well as to protect himself, he voted 
 for the passage of a bill requiring endorse- 
 ments on executions that notes on the bank 
 of Kentucky or its branches will be accep- 
 ted in discharge of the execution. 
 
 From this time out, Mr Barry became 
 devoted to the people. It was for the good 
 of the people only, if you believe him, that 
 he lived, moved, and had being. But I 
 think not: and I will cell you my reasons. 
 
 Mr Barry had not only been associated 
 with James Prentiss as a director, but had, 
 by endorsing his bills and notes, and by 
 other means, aided him in obtaining enor- 
 mous credits in Kentucky and elsewhere, 
 (see deed of trust from Prentiss lo Pearson 
 and others to secure Barry &c. recorded 
 in Fayette office) to the amonut of $40,000. 
 Whether by these means, or for himself 
 alone, still remains a matter of conjecture, 
 
 he, Prentiss, became enabled, and did bu$, 
 in his own natne, seven-tenths of the shares 
 of the Insurance Company bank stock; 
 whereby he was enabled, about the 1st of 
 January 1817, to take the controul of the 
 bank. He commenced his operations by 
 turning out the old president and directors, 
 who had faithfully managed it, and placing 
 over it a directory of his and Barry's par- 
 licular friends and associates. It was well 
 known, that when Prentiss took the con- 
 trol of this institution, that there was a 
 large amount of specie on hand, and that 
 its stock was worth from 30 to 40 per cent 
 above prr. Prentiss availing himself of the 
 good credit in which he found the institu- 
 tion, caused a large amount in notes to be 
 issued, with which, it is said, he and bis as- 
 sociates bought lands and other property, 
 instead of making provision to wind up the 
 bank as they should have done, by taking 
 in their notes, that being the las,V year of 
 its charier. The notes then issifed were 
 received in payment for government lands, 
 to banks and individuals,, without alarm, 
 till about Dec. 1817, when the notes be- 
 gan to return back upon them in numbere. 
 To obviatethis inconvenience, and tostave 
 oil" for a time the storm which commenced, 
 (no doubt sooner than they wished, but not 
 sooner than they might have expected,) 
 Mr Barry, on the 9th of December 1817, 
 moved for leave to bring in a bill prolong- 
 ing in effect the charter of that institution 
 two years. This bill passed, as I have sta- 
 ted, on the 19th of the same month. But 
 suspicion was aroused, by the flowing in of 
 the notes, till all hopes of saving longer the 
 credit of the bank ceased; and about Ist 
 February 1810, it exploded, without even 
 leaving the books and papers to shew that 
 which had been done by Prentiss and his 
 associates, and not a cent to satisfy the 
 flood of notes then hovering around the 
 bank door for payment, the unfortunate 
 holders of which had given full value for. 
 
 On the 6th of December 1817, James 
 Prentiss made to J. E. Pearson & als. a 
 deed of trust to secure the payment of two 
 notes of $20,00(} each; ono given to James 
 Morrison and als. endorsed by T. G. Pren- 
 tiss, \Vm. T. Barry and James Johnson; 
 and the other given by said James and T.G. 
 Prentiss, jointly, to said Morrison and als. 
 one payable the 1st day of April, and the 
 other the 1st day of May, 1818. 
 
 While these things were going on in Ken- 
 tucky, very considerable sums of money 
 were by*some means, drawn by Prentiss and 
 his associates from banks in Ohio and at St. 
 Louis. The explosion of theLexington In- 
 surance Company bank, it is presumed, ve- 
 ry justly gave rise to some fears on the part 
 of the St. Louis bank; and accordiog'Iy, it^ 
 
1^ 
 
 Sigitnt, (Mr Smith perhaps) arrived in Lex- 
 ington about the 12th of March 1818, for Uie 
 purpose ofseeiDg Mr Prentiss and adjusting 
 the accounts of that bank with him. A few 
 days were spent in fruitless negotiation. — 
 The agent determined to bring suits. Pren- 
 tiss aware he was to be held to bail, and 
 unable to give ihfi bail, determined to fly 
 the country; and the evening preceding 
 his elopement, as it is said, a meeting was 
 held at Mr Barry's house, and a deed of 
 trust was then, on the IGth of March 1818, 
 executed by James Prentiss to said Barry, 
 for every species of property he (Prentiss) 
 possessed, to an immense amount, in Ken- 
 tucky, Illinois, Indiana, Missouri, and else- 
 ivhere; negroes. Merino sheep, ships at sea, 
 credits, and claims throughout llie conli- 
 joent nearly; the whole value not less than 
 $200,000, as it is said by one who stales he 
 had made inquiry into its value. This deed 
 is said tp have been executed about mid- 
 night, and the next morning (early Mr Pren- 
 tiss was in Paris; and having tired his nag, 
 he produced James Johnson's order, which 
 he had procured for that purpose, to the 
 keeper of his stage horses; he got a fresh 
 horse, which he again renewed as often as 
 he had occasion, till he bid deiiauce to his 
 pursuers; — and while he is making tracks 
 towards the land of notions, let us return 
 to Mr Barry. He is said to be a lawyer ; 
 and had, no doubt, the advice of other law- 
 yers much abler than himself, that the deed 
 «f trust so made to him by Prentiss, was 
 both in law and in fact, fraudulent and void 
 as to creditors and purciiasera; and that the 
 whole or any part of it, in his hands, would 
 be liable to execution. To avoid this state 
 of things, he seems to have determined to 
 sell the whole property, which he shortly 
 thereafter did, and his friends the Messrs. 
 Johnsons became the purchasers of all the 
 real estate in Kentucky and the stock in 
 the Insurance Company bank. The real es- 
 tate to a great amount was struck off to 
 the Messrs. Johnsons for a very trifling 
 amount, who it is supposed, paid nothing for 
 it. The deeds from Prentiss to Barry and 
 from Barry to the Johnsons are recorded in 
 Fayette county court clerk's office, to 
 which reference is made. 
 
 Having shewn great intercourse between 
 William T. Barry and James Prentiss; that 
 they were concerned together in large 
 transactions, and for whom he, Barry, had 
 incurred heavy responsibilities (for what 
 reasons the public will judge) and having 
 farther shewn that Mr Barry became the 
 trustee of said Prentiss, who from the deed 
 of trust must have left under his care, and 
 at his disposal, an immense property, which 
 Mr Barry has not yet accounted for, ajid 
 cffirsfriiiftitlv km bef^onvE Lixibk to answer 
 
 therefor to the credilors of said Proitiss; \ 
 shall leave him for the present, and intro- 
 duce to your notice his right-hand roan J as. 
 Haggin, the second judge of the second 
 court of appeals of Kentucky. 
 
 I forbear noticing the iirst acts of Mi? 
 Haggin's life after rising into manhood, in 
 Mercer county, which probably occasion- 
 ed him to leave there for Kaskaskia, where 
 he is said to have remained some time, and 
 to have thence returned to Mercer, with- 
 out adding much weight of character to 
 himself. It appears, that he was not with- 
 out some 7ieed of relief while at Kaskaskia, 
 as an unsatisfied judgment obtained against 
 him by one Squires, followed him on his 
 return to Mercer; and an action of debt 
 being brought against him on said judg- 
 ment, he pleaded in bar thereof, first, nil 
 debit, and, secondly, nul tiel record: but 
 the jury found against Mr Haggin. See 
 2d Bibb, 334. 
 
 Mr Haggin left Mercer and settled in 
 Lexington perhaps about the years 1810 or 
 '11, where he became acquainted with a 
 certain David Williamson, who till after 
 the late war had been one of the most ex- 
 tensive manufacturers, merchants, land 
 jobbers and house builders in the town of 
 Lexington. It is said this man had by his 
 great talent for trade, and industry and ar- 
 rangement, risen from obscurity, and was 
 worthy of a better fate than befell him. 
 
 The great vicissitudes in trade occasioned 
 by the breaking out and continuance of the 
 war much embarrassed him, for he waa 
 largely indebted; yet held an immense pro- 
 perty, which he conceived far more than 
 adequato to the payment of all his debts, 
 and would leave him a handsome residue, 
 if not unfortunately sacrificed. It is be- 
 lieved that Williamson had no wish to de- 
 fraud his creditors of the payment of their 
 demands, but only wanted time to bring 
 his property into market on the best 
 terms, and to dispose of it to the best 
 advantage. To quietsome of his creditors^ 
 and to put his property out of the immedi- 
 ate grasp of others, whose forbearance he 
 feared to trust to, he bethought himself of 
 the too common expedient of the day, to 
 convey in trust his property. No doubt 
 hut Mr Williamson had consulted with Mr 
 Haggin on tlie subject, who it appears, 
 with Thomas January, John W. Hunt and 
 William Worsley, became his trustees. — 
 The deed was executed the 27 th Dec. 1814 
 acknowledged and recorded in the county 
 court clerk's office of Fayette, the 6th of 
 January 1815; and purports on its face to 
 be for the purpose of securing the payments 
 of the following demands, to wit; 
 
13 
 
 1 Dotedue Samuel and Geovge 
 Trotter of 1 1,606 00 
 
 6 notes due by said Williamson 
 to the iDsiirance Co Bank, and 
 endorsed by George Norton, to 
 am'l of 12,003 49 
 
 3 bills due Trotter, Tilford and 
 Scott, am't besides damages 3,500 00 
 
 1 bill of exchange drawn in fa< 
 Tourof said bank, and endorsed 
 by said Norton 2,000 00 
 
 ] note due In. Co. endorsed by 
 T. Pindell and Jas. Coleman 4,000 00 
 
 1 do. do. endorsed by J- H. 
 Morton and A. Legrand 3,000 00 
 
 1 do. do. endorsed by R. 
 Higgins and others 5,000 00 
 
 3 do. Lex. Br. B. Ky. en- 
 dorsed by Geo. Norton 4,252 18 
 
 I bill transferred to Br. B. Ky. 
 under protest, and endorsed by 
 said Norton 3,000,00 
 
 I note in the hands of Ellis and 
 als. endorsed by G. Norton 3,000 00 
 
 1 note in favour of W. Robards, , 
 endorsed by G. Norton 1,600 30 
 
 1 do. do. W.McBean, en- 
 dorsed by G. Norton 230 00 
 
 1 do. do. John Crozier, ne- 
 gotiable in Br. B. Ky. endorsed 
 by T. Pindell, D. Todd,R. Mc- 
 Gowan and M. Fishel . 2,632 00 
 
 1 note due Br. B. Ky. endors- 
 ed by J. H. Morton, said Nor- 
 ton and others 5,000 00 
 
 1 noteof John Pollard, endors- 
 ed by M. Fishel &c. 4,000 00 
 1 do. Pollard Keen 4,400 00 
 1 do. John Lewis 3,300 00 
 1 do. Thomas Pindell 5,478 T2 
 1 note due George Norton, for 
 money lent 2,160 00 
 
 1 do. John Tilford of $179 
 12, and one due Rt. Dudley & Co. 
 of $75, 254 12 
 
 1 note due same and Taylor of 
 $150, and one due J. Todd of 
 $80, 230 00 
 
 Afliount, $69,646 51 
 
 The articles of property conveyed in 
 trust are as follows, and it is considered 
 that in 1814 and '15 would have sold for 
 the annexed prices: 
 
 100 acres of land near Lexing- 
 ton, on the Limestone road, at 
 $30 per acre $3,000 00 
 
 186 acres of land do. do. $30 
 per acre 5,580 00 
 
 6 1-2 do. in two lots near 
 Hy's mill road 250 00 
 
 1 lot on McBean's street, io 
 I^exington 200 00 
 
 2 lots on Limestone and Brad- 
 ford's st's. each 1 1-2 acres l.tJOO 00 
 
 1 bouse and lot in Poplar Row, 
 where U. S. B. B. is kept 8,000 00 
 
 1 do. do. on Main st. where 
 W. Worsley occupies 12,000 00 
 
 1 lot opposite the Seminary 160 00 
 
 1 acre lot in Fowler's Or- 
 chard 60 00 
 
 21 acres in the town of Nicho- 
 lasville 630 00 
 
 1 lot do. do. do. 50 00 
 
 All the personal estate of Wil- 
 liamson on Lis farm, consisting of 
 horses, cows, sheep, hogs &c. 1,000 00 
 
 All his the said Williamson's 
 interest in the firm of William- 
 son and McKinney 
 
 Also a sideboard, bureau, 
 mantle clock, looking glasses, 
 paintings, prints and books, bed- 
 ding 2,000 00 
 
 Negro boy, Henry, 16 years 
 old, $450; girl. Docia, $400 850 00 
 
 Also 74822 1-2 yds. bagging, 
 at 34 cts. per yard 24,707 34 
 
 40229 wt. bale rope, 10 cts. 
 per lb. 4,022 90 
 
 23709 wt. spun yarn, 8 cts. 
 per-lb. 1,896 72 
 
 1025 barrels of flour, at $4 50 
 per bbl. 4,612 50 
 
 82820 gal. whiskey, 50 cts, (it 
 commanded'in N. O. 75 cts.) 41,410 00 
 
 6900 lbs. gunpowder, at 62 1-2 
 cts. perlb. 4,315 00 
 
 815 gals, cider oil. at 50 cts. 407 50 
 130 yds. tow linen, at 25 cts. 32 50 
 
 Likewise 10,040 yds cotton 
 bagging, at 34 cts. 3,340 66 
 
 9000 lb. bale rope, at Natch- 
 ez at lOcts. 900 00 
 
 And 300 pieces of bagging, 
 making 15000 yards, consigned 
 to Alex. McKinzie of Augusta, 
 at 62 1-2 cts. 10,250 00 
 
 Amounting to $130,270 92 
 
 The amount of debts se- 
 cured to be paid 69,646 51 
 
 Leaving a balance of $60,624 41 
 
 Whether these prices are too high or not, 
 it is for those more conversant in the sales 
 of such articles to say. I have had some 
 knowledge from experience of this kind, 
 and believe I have under instead of over ra- 
 ted them. The article of whiskey was 
 well known to be higher then, on account 
 of the duties on distillation and the little 
 quantity made in consequence thereof 
 
 It will also beseen that I have notexten- 
 ded any sum for the value of Williamson's 
 interest in the firm of WillJanreon and Mo- 
 
14 
 
 Kinnej', having no data lobe governed by. 
 AlUioiigh there were others associated 
 with Mr ITnggin ia Ibis deed of trust from 
 ^iliiamsori, Haggin was considered the 
 principal, perhaps the only actor — the 
 other associates merely affording their 
 weight of character, as old citizens of L«x- 
 ington, to inspire confidence in his credit- 
 ors. Mr Ilaggin was a lawyer, he was to 
 attend to that dopartment of the business 
 as weU as to superintend tlie trnst The 
 others were mere merchants. The deed is 
 said to liave been written also by Mr Hag- 
 gin, and caused to he ackaowledged and 
 duly recorded. It is also sa'd to hnve been 
 the underbtanding on the part of William- 
 son, that although he executed 'he deed 
 aforesaid, yet ho was to remain in the pos- 
 session of the property, and to manage it. 
 Under this view of the subject, Williamson 
 issaid to have descended tl;e river to New- 
 Orleans, with powers to act for the trus- 
 tees , and for some cause not no»v known, 
 after he had been there sometime, he was 
 recalled and his powers revoked. He is 
 eaid then to have come out with the scheme 
 of a lottery; by wliich he propcsad to dis- 
 pose of by way of a lottery his real es- 
 tate, being \\tc F.ame conveyed to Mr Hag- 
 gin and others, his tnisiees. Haggin per- 
 mitted Williamson to draw up a plan for a 
 lottery of the property ; to publicly adver- 
 tise it in most of the newspapers of the 
 fctate; to sell with his knowledge and con- 
 nivance, a large amount of tickets, (by some 
 it is said to the amount of $70,000 or 80,- 
 000.) What became of the procaeds of 
 sale of the tickets I know cot, and pre- 
 sume the public will never know. Whan 
 Mr Samuel Trotter, a respectable mer- 
 chant of Lexington, was about to make 
 known in a public manner, that William- 
 son's property was incumbered by the deed 
 of trust to Haggin and others, and tliat he, 
 Trotter, held a lien on a part of it, Mr 
 }laggin induced him to desist, upon assur- 
 ances that if he would do so, that he, Hag- 
 gin, would see his, Trotter's, demand paid. 
 Mr Trotter bping thus silenced, Mr Wil- 
 liamson was permitted to progress with his 
 lottery, until it was found, that in this 
 Kay all was drawn that could be drawn, 
 from a credulous community. That lotte- 
 ry is at length drawn ; and Mr Haggin has 
 uot the presence of mind about him, to 
 caution the deluded votaries of fortune, 
 that he as trusitce \vith others, held a deed 
 fjr all the prize property. The surronnd- 
 iiig couolry was agitatnd witJi the good and 
 l>ad fortunes of the adventurers in William- 
 son's lottery. But Mr Haggin — jes, Mr 
 Haggin, knew that Williamson's tottery 
 Was fof bidden by law. At a convenient lime 
 he caused to be sold under his authority, as 
 
 trustee, the whole of Williamson's real es- 
 tate, over the heads of the fortunate tick-* 
 et holders, and had it bid off by Thomas G^ 
 Prentiss, the brother of the aforesaid James 
 Premiss, and the Zas< President of the ri- 
 fled Insurance Company bank. The In- 
 surance Company bank was one among a 
 number of creditors of Williamson : Pren- 
 tiss had nothing to pay for ths property, as 
 purchaser, and it is believed in fact, paid 
 not a farthing. 
 
 In order that this real estate might be 
 bought for tie least price, the convenient 
 time pitched on was about the 6th and 3th 
 of January 1818, when the credit of the 
 Insurance Company was breathing its last 
 and its paper not estimated at ten cents in 
 the dollar — which Mr Haggin knew could 
 be passed off in discharge of the debt due 
 that bank at par. But this is not all. The 
 speculation was to be increased, by giving^ 
 notice to the purchasers, and bidders, that 
 they must risk the claim of others, to the 
 properly. In consequence of this notice 
 other bidders were deterred. Andt)€tween 
 the influence of the claim under the deed of 
 trust, and those of the lottery ticket hold- 
 ers, the real estate, which according to 
 the estimate here exhibited was worth $30,- 
 850, was sold for $10,125. 
 
 Although this property is returned tn a 
 report drawn up in Mr Plaggin's own band 
 writing, as the trustee who superintended 
 the sale, and shewing that Thomas G. 
 Prentiss was the person who bid it off; yet ' 
 somehow or other, but not told, he became 
 the owner of said property ; having by some 
 means obtained the concurrenc«of his oth- 
 er trustees, to join in giving evidence of 
 the piircha»e by Prentiss. But it is believed 
 and hoped, that the other trustees were 
 wholly ignorant of the designs of Haggin, 
 iu causing in this way, such a sacrifice of 
 Williamson's estate. 
 
 Col. Philip White, late of Franklin coun- 
 ty, but now deceased, was the purchaser 
 of a ticket in said Williamson's lottery, 
 which drew a prize rated at $16,000. It 
 consisted of the farm of 186 acres of land 
 aforementioned and the improvements 
 thereon. The title to this tract, it appears 
 had not passed from Lewis Saunders, of 
 v/hom Williamson had purchased, whea 
 the lottery was drawn. Williamson or 
 White, however, paid a small balance due 
 Saunders thereafter, and procured a deed 
 immediately from Saunders, to said White. 
 After Ilaggin had procured a title to be 
 made to T. G. Prentiss, as purchaser of the 
 I cal estate aforementioned, it seems he, 
 Prentiss, like bis brother James, also 
 escaped from the State. To get tbe 
 property which White had drawn as his 
 prize, a suit in chancery was co^men^ 
 
iS 
 
 ced m the name of said Prentiss, in the 
 Fayette Circuit Court, and carried oa by 
 Mrllaggiu; but, it is said, without the 
 knowledge of Prentiss. And what is more 
 this suit presented the singular circuin- 
 etaace of James Haggin as attorney for 
 Thomas G. Prentiss suing James Haggin 
 as trustee & als; in which Mr James 
 llaggin writes the complainant's bill, 
 and draws his and his co-trustees' answers. 
 But Cok. WJiite did not clioose that Mr 
 Haggin should act as his lawyer also, hut 
 gets his lawyer to file a cross bill, with 
 some hard questions for Mr Haggin to an- 
 swer ; in doing which, Mr Haggin disclo- 
 ses the fact, that he is the real owner, and 
 not T. G. Prentits, of the claim to the pro- 
 perty sued for. Mr Haggin now claimed 
 all Williamson's real estate whatever, ex- 
 cept a splendid mansion, which in the turn 
 of affairs was then, somehow, in the pos- 
 session of, and claimed by his particular 
 friend and now associate, in the 2d court 
 of appeals, Chief Justice Barry. These 
 precious facts I have said were extorted 
 I'rom the mouth of Haggin himself, by a 
 cross bill filed in said suit with White, and 
 exceptions to Haggio's answers. I say an- 
 swerS, for it appears to have taken Mr 
 Haggin several efforts to answer this cross 
 foiM; and beseems very cautiously to have 
 written with his own band the answers of 
 his co-trustees. It was alleged that Mr 
 Ilaggio had paid notiiing for the property ; 
 and he confessed, that he had paid nothing 
 but some Ic'urance Company bank notes. 
 But to whom he paid them, and at what time 
 he paid them he took care to keep to himself. 
 On this state of the case the cause was 
 tried before Judge Bledsoe. He decreed 
 that Mr Haggin should recover the proper- 
 ty in contest, and that White should ac- 
 count for rents, waste &c. to Mr Haggin. 
 From this decree White's heirs appealed. 
 At the May term 1824, at the particular 
 instance of Mr Humphreys, the attorney 
 and brother-in-law of Haggin, and perhaps 
 also of tha counsel on the other side, the 
 suit wts taken up out of its ordinary term, 
 argued, and decided by the court against 
 Mr Haggin. 
 
 In this decision the court decided that 
 Mr Haggin liad conducted himself iniuch 
 a manner, as to deprive him of a claim to 
 the property, even against a defendant who 
 had drawn it in a lottery forbidden by law; 
 and upon the principle that he who comes 
 into a court of equity must come with clean 
 bands, that Mr Haggin had dirtied his 
 fingers with the trust estate, contrary to 
 every principle of law and justice. 
 
 The court did more. They pronounced 
 the law to be — '*Uiatlhc trustees ictrc l/ie 
 agents of the creditors, and the latter arc 
 
 bound by their acts: aud if the eredilort Uact 
 lost thut fund by the improper actn »f tA« 
 trustees, the trustees arc responsible to them 
 for the loss. It may be said, that Prentiss 
 in this case is first a creditor, and aVao a 
 purchaser from the trustees, and as such 
 be cannot he affected by their acts. We 
 answer, that Prentiss by his purchase 
 could only acquire an equity under the 
 trustees, and claims through and under 
 the.Ti; and he cannot possess a better title 
 than they held, which was an equity only. 
 And if that equity was previously violated 
 or destroyed by the improper acts of the 
 trustees, he must abide t)y it. At the time 
 of bis purchase, he or rather his represen- 
 tatives, can have their appropriate redress. 
 Indeed in this case, il does not appear 
 tiiat he has yet paid to the creditors the 
 amount of his purchase. But if he has, 
 and he was innocent of the imposition ou 
 the public, he is not remediless.'' 
 
 These } rinciples shook to the foundation 
 the hwpcs of Mr Haggin, Mr Barry aud o- 
 thars, who were not only jointly or several- 
 ly in possession of splendid estates covered 
 by mortgages and deeds of trust, or other- 
 wise secured from creditors, but it direct- 
 ly opened the door for Prentiss's and Wil- 
 liamson's creditors, to pursue Mr Barry and 
 Haggin, as trustees, and to inquire into 
 the tenure by which Mr Mason and the 
 Messrs. Johnsons held, or claimed the 
 greater part of tlie Prentiss's estate. Mr 
 Haggin, with his speculations in William- 
 son's estate, was rich: without it, his 
 prospects to pay his debts it is believed, 
 were hopeless. If the affair of Prentiss's 
 deed of trust were examined into and set- 
 tled by the rules of the decision of Pren- 
 tiss's lieirs vs. White, Mr Barry might be 
 placed also in a desparing, if not hopelftss 
 condition. 
 
 What is to be done 3 Where is the reme- 
 dy for them "? No hopes of the court's chang- 
 ing their opinion, becausethey had only pro- 
 nounced that to be law. which had forages 
 been so pronounced. What then is to be 
 done to be saved .' The judges must go out 
 ofofEce, by some means — and to prevent 
 this decision of the court becoming final, 
 the services of Mr Clay were engaged, 
 who filed a petition for rehearing, on the 
 part of Mr Haggin, ci the last day of the 
 term, on which the court ordered that the 
 opinion it had delivered should be suspend- 
 ed, and the case to be re-argued at the 
 next term. 
 
 If any one doubts what I have stated, let 
 him apply for the record of Prentiss &,c. vs. 
 White's heirs, now depending before their 
 lionors Barry and Haggin. It is under 
 their controul I presume, although it could 
 not some days past, as ! am informed, be 
 
le 
 
 found by ttieir clerk. 1%k amon^ other 
 precious records, were violently and forci- 
 bly torn from me, by the hand of combined 
 . usurped power. If, however, this record 
 should be wisely out of view, the originals 
 may be seen in Fayette Circuit Court of- 
 fice, where I have lately read them, And 
 unless my judgment he incapable of com- 
 prehending the subject, it will be found 
 that I have not misstated facts. As to the 
 qecision of the court of appeals in May 
 1824, I have been so fortunate as to pre- 
 serve a copy. In this record, the reader 
 will find other matters highly worthy his 
 examination, detailed in the cause. 
 
 It is said that Mr Haggin has sold, or en- 
 joys the whole of the unfortunate William- 
 son's properly, except the mansion allowed 
 to Mr Barry. This house and lot was 
 stricken off to Thos. G. Prentiss, as I have 
 before stated, at a sacrifice, for $600; how 
 Mr Barry got it and what he gave for it, he 
 best knows; but he parted with it to the 
 bank of the United States, at the price of 
 $6000. For the farm claimed by White's 
 lieirs, and a large brick bouse claimed by 
 Trotter, Mr Haggin brought suits. One 
 of which you see is depending before their 
 Ijonours, and the other before Judge Bled- 
 soe, now in the Fayette circuit court. 
 
 There is another branch of Mr Haggin's 
 conduct towards the unfortunate William- 
 son's family, not yet detailed. After Wil- 
 liamson's property had been disposed of by 
 his trustee, Mr Haggin, finding himself ru- 
 ined, Williamson became addicted to in- 
 temperance, and thereby destroyed him- 
 celf; but was heard to express himself 
 (when speaking of the abnse of his misplac- 
 ed confidence, and the tears of distress 
 trickling down his furrowed cheeks,) " I 
 am stript of my property, robbed of my re- 
 putation, and cast out upon the world a 
 beggar." 
 
 He left a wife of very delicate health, 
 who can neither read nor write, as it is 
 said, with a family of helpless children, 
 without a house and almost destitute of 
 food and clothing. There was still how- 
 ever a property, which the laws of her 
 country had preserved for Mrs. William- 
 son. Her husband had been vested, in 
 the course of his business, with large and 
 valuable real estates, the dower in which 
 she had never relinquished; the proceeds 
 of which might have been to her and her 
 children a competent support, a.nd fur- 
 nished the means of educating her chil- 
 dren. — Mr Haggin knew the extent of this 
 dower property; lie knew its value, for 
 who could know it better] Mr Haggin 
 knew also, her distresses and her ip:norance 
 of the value of her dower. He applies to 
 and buys it from her. And on the 24(.h of 
 
 Sept. 1620, Cijvenants by a aioguiar itt" 
 strument drawn by bimsalf, to purchase for 
 Mrs. Williamson, a house and lot in Yer-^ 
 sailles, of the value of $1000, and says, "un- 
 til I shall make such purchase, in which I 
 am not to be hastened, 1 covenant to fur- 
 nish her a dwelling in that town, about 
 that value at my own costs and charges. 
 And I do moreover covenant if I shall final- 
 ly succeed in recovering the two tracts of 
 land on the head waters of Cane Kun, near 
 the town of Lexington, containing about 
 280 acres, being the same embraced by a 
 deed of trust from David Williamson, dec'd. 
 to John W. Hunt, Thos. January, Wm. W. 
 Worsley and myself, as trustees, I will in 
 six months thereafter pay to said Susan- 
 nah (Mrs. Williamson,) the sum of $1000, 
 in personal property. The estate in each 
 case to be estimated at its common tra- 
 ding rates." 
 
 Mrs. Williamson, once enjoying afflu- 
 ence, inhaKiting stately and costly buil- 
 dings, witti well furnished apartments, is 
 now found houseless and overwhelmed with 
 distress, 7'o get a shelter for herself and 
 helpless family, and the support she might 
 draw from the $1000 of personal property, 
 agrees to part with her dower; but, little 
 did she suppose, th«t in doing so, she was 
 to be paid with such an instrument, as re- 
 cited above; she did not know that the 
 words "in which I am not to be hastened," 
 gave to Mr Haggin his life time to fulfil his 
 covenant; but Mr Haggin was more of the 
 lawyer; he did so understand it. — He nei- 
 ther hnilds the house nor pays the personal 
 property. After a lapse of two and a half 
 years, Mrs. Williamson sues Mr Haggin, 
 in the Woodford circuit court, gets a judg- 
 ment for $1020 damages, besides costs. 
 Mr Haggin moves for a new trial, it is gran- 
 ted, and at the next court another jury 
 finds a verdict in her favor far $1030 dama- 
 ges, besides costs. Mr Haggin is not wil- 
 ling yet, to abide by the verdict of the jury; 
 but takes out a copy ef the record and pro- 
 ceedings ofsaid suit, applies and obtains a 
 supersedeas from the appellate court; and 
 now has this cause also before him and his 
 brethren. Reader, if you doubt these facts 
 read the record referred to, and see this un- 
 fortunate female herself. I am told she is 
 now living upon the charity of her brother- 
 in-law, RobertKincaid, the jailor of Wood- 
 ford county; who, no doubt, extends, with 
 cheerful liberality, his little pittance 
 towards her support; but he himself is poor, 
 and has a large family to support. In this 
 situation, she is dragged by Mr Haggin, 
 brfore himself and his associates, an hum- 
 ble needy individual, without influential 
 friends or connections, and without mon- 
 ey to pay lawyers who may stand as porter? 
 
i: 
 
 4 J the gaiea ot* jusUce al'oresaid, or the 
 clerk for his increased fees. And, after 
 alt, bet cause, under this Barry court law 
 may never be tried; forinthisextraordina- 
 ry la«r, (see sect. 14, p. 48,) there is a pro- 
 vision that two judges cannot act without 
 the consent of the parties. This provision 
 was probably not inserted without its in< 
 tended purposes. It will be remembered, 
 that this bill was not drawn by a member of 
 the legislature, but by Mr Bibb an experi- 
 enced lawyer. It was a piece of machinery, 
 consplicated in its nature, consisting of ma- 
 ny parts, and best understood by the mas< 
 ter workman, by whom it is cut out and 
 put together, not co be touched by the 
 hand of the junior apprentices. Hence, 
 the necessity of caucussing on this bill, and 
 of binding the junior apprentices to "go the 
 hog" with them in preventing any amend' 
 merit whatever to said bill. To have al- 
 tered any part of this wonderful piece of 
 mechanism, might hare so deranged the 
 views of its builders as to render it useless 
 to them, or some one of them; and if all 
 could not be provided for, the disappointed 
 might frustrate the whole design. It may 
 therefore have been, that Mr Barry, Mr 
 Hagg^in and others intended by this provis- 
 ion, to prevent decisions from being ren- 
 dered in cases of their own, arising out of 
 the deeds of trust aforesaid, unless they 
 choose to declare that one or both were 
 not interested. Where Mr Haggin is the 
 nominal party, Mr Barry may say, he has 
 no direct interest; and so, where Mr Bar- 
 ry is such.- but when these gentlemen are 
 sued, may not delicacy to sit, in every case 
 prevent a triaH The same section has 
 other provisions well calculated, with the 
 aid of a dexterous judge, to procrastinate, 
 if not entirely to prevent the trial of all ca- 
 ses he may choose to operate on. But to 
 follow this law through, and point out its 
 effect, would lead me beyond my present 
 design. One thing I am well assured of, 
 that no one yet has considered its full bear- 
 ing; and that the oftener it is read, with 
 an eye to the circumstances which gave 
 rise to it, and which may hereafter trans- 
 pire, the more he will think with me, that 
 it is one grand design to frustrate jflsthre 
 and shield the guilty. 
 
 That Mr Barry and Mr Ilaggin had oth- 
 er motives, beyond the influence of the 
 $2000 salary, and that of patriotism, ought 
 not to be doubted. We, who know the 
 habits ofthose men, know that they set a 
 high value upon their labour, and tax full 
 well for what time they spend in the ser- 
 vice of others. The labor of the profes- 
 sion was irksome to them: and they char- 
 ged well, it is believed, the client that em- 
 ployed them. They were 36 little attach- 
 
 ed to labor as any men should be to live 
 by it; although it is probable, their receipt^ 
 for professional services per year, exceed- 
 ed $2090. It is thought by some that had 
 it not been for protecting Ibemaelves, from 
 the decisions of the constitutional court, 
 against deeds of trust, trustees, and mort- 
 gages without consideration, these gen- 
 tlemen would never have sought the in- 
 tense labours that devolve upon a judge of 
 the court of appeals. Indeed, it is believ- 
 ed, that as soon as they can have put those 
 causes, as well as others, in which they 
 have large contingencies depending, and 
 to depend, before themselves, in a state of 
 safety, that they intend resigning and go- 
 ing back to A)« har. 
 
 There is one more transaction relating 
 to the Insurance Co. bank, in which Mr 
 Haggin and Mr Barry have been concern- 
 ed. I will state facts, and let the public 
 draw its conclusions. 
 
 On the 4th of April 1818, James Haggin 
 filed his declaration in an action of debt: 
 and a writ issued against the President Di- 
 rectors & Co. of the Lexington Insurance 
 Company. The action was founded, as 
 specified, on thirty notes of $100 each, is- 
 sued by that bank, and some as late as 
 April 1817. The writ was executed in 
 part, and a distringas was then issued and 
 levied on the banking house; and there 
 being no appearance entered on the part 
 ofthe bank, the suit was continued over 
 till Sept. 1819, when Mr Barry entered 
 his appearance, and filed the plea of nil 
 debit. The issue being made up, the suit 
 was tried, and judgment rendered in favor 
 of Mrllaggin for $3000; the debt in decla- 
 ration mentioned, and $410, in damages. 
 On which execution issued October 1819, 
 and was levied on the banking house and 
 furniture; which was sold for $2045 91, 
 and bought in by Mr Haggin, if I recollect 
 right. Is it not mysterious, in the con- 
 duct of Mr Haggin, that he, living in 
 Lexington, where the Insurance Compa- 
 ny bank was, and not ignorant of its la- 
 bouring and expiring condition from Dec. 
 1817, to Feb. 1818, when it exploded; that 
 he, [Mr Haggin,] should have had $3000, 
 of its paper, and all in $100 notes too, be 
 still with them in Lis pocket till April 1818, 
 and then sue the company without applyinfj 
 for the payment of the notes at the bank'f 
 It seems equally strange, how Mr Haggin, 
 who about that time built a palace in Lex- 
 ington and complained ofthe want of mon- 
 ey, was able to lay by such a sum, But 
 perhaps, the following extract of » ietter 
 from Col. B. M. Johnson co <J!en. Green 
 Clay, dated 21st of Sep. 1819, will throw , 
 more light upon the subject: / 
 
 ('. 
 
 *'Ycii can have the Insurance Office at 
 
is 
 
 §id,Oj|ji^, ^vhicii is dxea'p" a't ttiat price,) 
 the title lo be undoubted, and any collat- 
 eral Beclirity that you may demand. Hag- 
 ^n will join in the deed. As to the pay- 
 ment of the overplus, I have do objection 
 to anytime you might require: but Haggin 
 h conceroed to amount of one fourth; but 
 I hope ve \Eill have no difficulty as to that 
 point." 
 
 Thus went the last remnant of the In- 
 surance campany bank; and the holders 
 of the three tenths of the shares (hereof 
 were left without any thing. On the 1st 
 i)f Jan. I8l7, this bank is worth from 130 
 to 140 dollars per share, with about 50,000 
 dollare of specie on hand, and in good 
 credit. On the let Feb. 1818, it is burs- 
 ted, and not only stript of its cash, its bills 
 i'>eceivable, but every book that would ex- 
 ^>l?in the transactions of the Prentiss' ad- 
 ministration, leaving an immense amount 
 of unpaid notes, due by the bank, not of 
 any value. In March, Prentiss decamps; 
 ■siiortly afterwards Mr Barry, under his 
 deed of trust and power of attorney which 
 accompanied it, parts with the real, estate, 
 and, it is said, the seven tentlis of the shares 
 of the Insurance Company bank, to Messrs.. 
 .Tohnsons. In April, Mr Haggin brings 
 liis suit against the bank which nobody 
 thinks proper to defend till Sept. 1810, 
 Avhen Mr Barry files the plea aforesaid; 
 the judgment is obtained, and the last ves- 
 tige of property belonging to the company 
 is sold. And who can tell how'thecash, 
 the bills receivable, the stock and proper- 
 ly of the Insurance Company bank, were 
 tlisposed of. better than Mr Barry and Mr 
 Haggin? But who will satisfy the unpaid 
 notes which were so unjustly palmed upon a 
 credulous public, without an intention of 
 paying them when they were issued? 
 
 Of Mr John Trimble, the third judge of 
 (he second court of appeals, I mean to say 
 but little. He is the Judge whom his ex- 
 cellency would have on the bench, as I was 
 informed and believe, no matter who else 
 went without a judgeship. And the man 
 with the big cane, must be kept in a good 
 humour, or the fat would all have been 
 spilt in the fire. Butfor these reasons, Mr 
 Trimble would have probably been left to 
 ride his circuit. Mr Trimble has been 
 either improvident or unfortunate, for it 
 is very certain he has mortgaged all his 
 property, not omitting his carpels, two 
 cows, and a sow and pigs, to secure the 
 payment of some of his debts, and, prob- 
 ably to keep from the payment of others; 
 as may he seen by reference to the county 
 court clerk s u^ce of Harrison county, 
 where two mortgages are recorded. Both 
 mortgages l^ear date the 24th of May 1824, 
 ^ad cover in part the same property. One 
 
 of theOi tras executed andrcjcorded WiW-' 
 out the knowledge of the mortgagees^ 
 three in number. To one be owed 12 
 dollars, and to another 30 dollars, in com- 
 monwealth's paper, to the third, Mr Kea- 
 dall, he owed the balance of about74 dol> 
 lars, of a note given for 110 dollars in spe- 
 cie. On this note Mr Kendall has brought 
 suit in the Harrison circuit court, and his 
 honour has filed a plea of payment, not- 
 withstanding he had executed said mort- 
 gage to secure the payment of said debt, 
 a balance whereof is acknowledged in said 
 mortgage to be due. Yet he now corner 
 into court, and by his plea denies that any 
 thing is due to said Kendall, although no 
 payment is alleged by him to have been 
 made since the date of said mortgage. It 
 seems tome, that his honour has in his bu- 
 siness gotten akinkin his head, and that it 
 may require the aid of his brethren of the 
 bench to get it out for him. Mr Trimble 
 tried the practice of the law with but 
 poor success, and always stood at the tail 
 end of the bar, in every court, county or 
 circuit, be attempted to practice in. Yet, 
 he was appointed a circuit judge, like 
 others because he could not get along by 
 the practice. When be was in nomination 
 before the senatefora judge of the circuit 
 court, the senate rejected him upon the 
 ground of his supposed insanity. But, up* 
 on a motion to reconsider his nomination^ 
 and upon proof that his apparant derange- 
 ment might have arisen from fever or in- 
 temperance, they finally passed his nomi- 
 nation; but met with great opposition.— 
 And it is still remains a doubt with many 
 who practice before him, whether he was or 
 was not subject to partialderangement. Per- 
 haps this idea may have been strengthen- 
 ed from the singularity of the roan, in 
 keeping his bead constantly shaved. It is 
 said Mr Trimble turned speculator some 
 time past, and has involved himself so 
 much in debt, as to be afraid to leave un- 
 covered any property he owns. I was pre- 
 sent in the Bank of Kentucky, when a 
 check of that gentleman of 6 1-4 cents 
 was produced, and the cashier examin- 
 ed, but no funds were there of his, to 
 meet the check. I have also to lament 
 his honour's shortness of memory; for in 
 182 — he was good enough to promise me to 
 take with him to Harrison county, my fees 
 of the preceding year, and to procure the 
 sheriff's receipt for them for me. The bills 
 
 to the amount of dollars were given 
 
 him, but what his honour did with them he 
 cannot recollect. One of the persons a- 
 R-ainst whom one of the bills were issued, 
 has since informed me that he paid the bill 
 against him to a Mr Samuel Hall, a consta- 
 ble of said county; but I have nothing to 
 ehow how Hall got them. 
 
i9 
 
 Of the 4tli judge I shall say nothing far- 
 ther than that I am sorry to see him in sucli 
 uofortuoate company, and enlisted in so 
 bada cause. It is with Lim, and those 
 who knovr him better than I do, lo settle 
 the propriety of his couduct, and his fitness, 
 for the station he fills. 
 
 And, before I speak further of the means 
 by which Mr Barry has obtained thesta- 
 tion he fills, may I not appeal to you, fellow 
 citizens, of every class and g-rade of talent, 
 of all parties, who have the good of your 
 country at heart, to pause and ponder upon 
 the court the last legislature has given us. 
 It has been the object of all wise legisla- 
 tures, both in England and America, to put 
 a stop to those deeds of trust and fraudu- 
 lent conveyances, by which men cover 
 their estates from their creditors. We 
 have statute upon statute against the prac 
 
 duous war, to pas5 a law giving' the 
 defend&Dt twelve months replevin, if 
 the plainti/Twould not take Kentucky bank 
 notes, or treasury bills. Nor could Mr 
 Barry swallow the constitution in 1817, 
 although the paper was nearly equal to 
 gold and silver. But in 1819, after he bad 
 been dismissed from the directory of the 
 branch bank' of the United States, then 
 circumstances altered cases with this gen- 
 tleman. He has now no qualms of con- 
 science; but, with his compeer John Row- 
 an, comes out the champion of relief, and 
 votes for a two years replevin, &.c. In 181" 
 it was presumption, daring presumption, 
 in Kentucky to attempt to tax the bank; 
 in 1C14 and 1817 she could not aid thepoor 
 nor the distressed after the war; but, in 
 1819, when Mr Barry's precious self, and 
 his associates, had been bid to quit the bank 
 
 tice;and yet, to render these statutes dead of the United States, loaded with naoun- 
 
 tains of debts, created for high living, ex"- 
 travagance and speculation, all things then 
 become changed, and this gentleman be- 
 comes the championof state rights, and as- 
 sists in bringing infamy on the characters 
 of men, by connecting their names with 
 the odium which is now heaped upon that 
 bank. Yes, by attempting to render odi- 
 ous men who never had dealings with 
 these banks, in aoy shape, while he, "good 
 easy man," had sipped so freely of their 
 honey, till his wings were unable to bear 
 him off safely. 
 
 If Mr Barry and his associates, be dis- 
 satisfied with this expose, let them take it 
 as the consequence of their own acts. — 
 Even worms will turn when trodden on. — 
 But can Mr Barry complaint he who to 
 gain a seat on the bench of the court of 
 appeals, trampled the constitution under 
 foot, deceived the people by erroneous 
 publications, then intrigued and caucused 
 with the legislature until he effected hia 
 object! The time was when a man would 
 be disgraced who would solicit the office of 
 judge, much less resort to the means Mi- 
 Barry has done to obtain a seat in your 
 court of appeals. Delicacy ought, under 
 the circumstances, to have excluded him. 
 But no; after aiding in persecuting the old 
 
 letters, to countenance, nay, to encourage 
 this practice, men wha have not only cov- 
 ered their own estates, but who cover im- 
 mense estates for others, are made the judg- 
 es in your court of the last resort. 
 
 I do not mean to insult the unfortunate 
 debtors. I am one myself. I admit that 
 there are many good men who are in debt, 
 and unable to pay their debts. I do not 
 mean to revile speculators, for a man may 
 be honourable and Jbe a speculator. But I 
 appeal to all honest upright men, to say, 
 whether our court of the last resort should 
 be composed of broken speculators, or men 
 who have their estates wrapt in mortgages, 
 and placed beyond the reach of law 
 when administered by themselves 1 Give 
 lis men for this court, out of debt, whose 
 characters, as honest men. stand fair, no 
 matter who they be if they be legally quali- 
 fied for the duties of the office. In the de^ 
 ciiions of such men, we would confide, for 
 they having property and character to lose, 
 as well as the compensation and honour of 
 office; would find it their interest as well as 
 their inclination to do right. They would 
 render justice to the weak as well as 
 strong ; to the ignorant as well as wise: 
 to the poor and humble, as well as to the 
 rich and exalted; theyMvould regard, xvith 
 
 an even eye of justice, the case of all, judges from office, after persuading the 
 
 without respect to the counsel concernedl, 
 and appreciate the value of the arguments 
 of the counsel for each side. There would 
 be no seeking forlawyers who have the ea r 
 of the court, or favourite minions of their 
 honours, in preference to other counsel. — 
 Merit, and not trick and intrigue, would 
 prevail. 
 
 But to return to Mr Barry. That gen- 
 tleman, and his friend Mr Rowan, did 
 not think that it was constitutional in 181 1, 
 when we were in the midst of an ai- 
 
 legislature to violate the constitution, he, 
 wilh astonishing boldness, proclaims him- 
 self your chief justice with $2000 a year; 
 and uow all the means in his power are 
 employed to deceive and mislead the people 
 into a belief, that the change of judges has 
 been eftected by no violation^of your con- 
 stitution! Letters are written by himself 
 and his associates, as well as the man of the 
 big cane so skilled to ruU: over the state, 
 praising former legislators, advising and 
 directing the bringing out of meri on lh\»ir 
 
m 
 
 aide. These letters iVoni (.he chieijiistice, 
 and chief magistrate, are shewn as make 
 weights in the electioneering campaign, 
 to such persons who think that a chief jus- 
 tice and a chief magistrate are more than 
 inen. The supreme executive, and his 
 supreme judicial power, are busily engag- 
 ed to make the people believe impossibili- 
 ties; that the salaries of the old judges were 
 too high at $1500 per annum, and that 
 they deserved nothing; but that the new 
 judges are cheap at $2000, because they 
 will do as the legislature shalldirect them, 
 so long as their pay is agreeable! and all 
 who write or speak against these bumble 
 servants of the supreme judiciary and ex- 
 ecutive will, aredeoounced as enemies to 
 the people, and threatened witli execu- 
 tive and judicial proscription; while on the 
 other side of the question, the constitution 
 breakers are beating* up for volunleers, 
 and may have the promise of the spoils of 
 the treasury, executive patronage, and 
 Judicial favours. To all who may accept 
 the bounty, office and honours may await; 
 but to those who love constitutional gov- 
 ernment more than executive smiles or ju- 
 tlicial favours, pains and penalties are 
 pronounced against them. If there be 
 any among you who would be a bondsman, 
 let him court the rewards and receive the 
 offered bounty; him have I offended. But 
 if there be among you, as 1 am confident 
 there are, men who would scorn to sell 
 their birth-rights for such meagre pottage, 
 they will consider of these things, and do 
 their duty at the polls in August next. 
 
 I fear I tire the patience of the reader; 
 but he will please to bear with mo a little 
 longer, while I relate some more of the 
 conduct of these judges of the 2d court of 
 appeals. 
 
 We have seen Mr Barry, while acting 
 as a senator of the state of Kentucky, and 
 placed by his constiuenls as protector of 
 their and the state's rights, leaving his 
 genr.torial seat above and descending to 
 tlic lower department of the capitol, to 
 plead the causa of the United Slates' bank, 
 for a fee of $500 in specie; and, at the 
 same tine, dras^ingfrom the treasury of 
 the state, wliich he as senator was bound 
 lo defend the rights of, tyvo dollars 
 for ills daily pay, to set aside a law 
 whiclb a large majoriiij of the legislature 
 of the stale had passed. We shall now 
 exhibit him on another theatre, equally, 
 if not n\()re degrading to the character 
 lie would assume. It is this. Since he 
 Jias been nominated, approved and com- 
 missioned as a chief justice of the court of 
 appeals, he has been seen the hired advo- 
 cate of the executive to defend his son. on 
 f c^iar^e for highway robbery and muider. 
 
 Instead of holding his court according to 
 his own appointment ; instead of adminis- 
 tering justice in the high tribunal he aspir- 
 ed to, behold him! the dexterous lawyer, 
 playing off all his fantastic acts of chicanery, 
 with his compeer, Mr Rowan, to arrest the 
 arm of violated justice ! 
 
 The plea this gentleman makes, is, that 
 he had taken his commission, but bad not 
 sworn to it. But did he not intend to take 
 the oath ] Had he not agreeably to hia 
 construction of things, divested the state 
 of a chief justice, ousting J ndge Boyle, and 
 ejecting the rest of the judges? His next 
 plea was, that he had agreed to appear for 
 ihe Governor's son, before he was made 
 judge : but was he not in expectation of re- 
 ceiving that appointment f It is well re- 
 collecjted with what vigour he joined in the 
 censure upon Judge Mills, for entering the 
 court house, to instruct another lawyer how 
 to manage suits he had been employed in, 
 prior to his appointment as a judge in 1819. 
 Yet, after all his ranting and foaming in 
 the Senate, against Judge Mills, for the 
 above named offence, Mr Barry very de- 
 liberately and boldly parades to Cynthiana, 
 with his commission in his pocket, and 
 stoops f.oai the lofty height of Chief Jus- 
 tice, to that of a Newgate Solicitor, in fa- 
 vour of one charged with, and believed by 
 many to be guilty of, the most horrid mur- 
 der. It has been detailed to you how this 
 matter progressed and terminated, by those 
 better acquainted with the facts than my- 
 self, on which my countrymen will judge 
 for themselves. The tris.1 being over, and 
 Mr Barry having returned to Frankfort, 
 we next behold him mounted on the seat of 
 his power, (but afte? wading through much 
 iincieaaness to arrive at it) with justice 
 liaggin on the right and justice Trimble on 
 the left. They appoint F. P. Blair their 
 clerk. lie is iheir partisan : and] am or- 
 dered to render up to him the books, papers, 
 &,c. under my care as the constitutional 
 clerk of the court of appeals. I return for 
 answer, thai I am the rightful clerk of the 
 true court of appeals ; that by the consti- 
 tution 1 hold my office during good behav- 
 iour — a summons under date of 1824, is then 
 issued, to command my attendance on their 
 worships. I do not go. An attachment is 
 then sent, and my body arrested and-carri- 
 ed to court. On my not consenting to give 
 up my books and papers, a parol order is 
 issued directing?/!?/ house to be broken open 
 and to bring away the books and papers 
 under my charge. The order is obeyed: 
 my windows are broken down ; my locks 
 broken off; my drawers cut to pieces; my 
 private papers ransacked ; many of my pri- 
 vate papers with the public records, &c. 
 are carried off: and my private letters »■• 
 
%i 
 
 ^eneii, and scattered about the room ; while 
 1 am retained under arrest to answer for a 
 contempt alleged to be shewn by me in dis- 
 obeying the arbitrary mandate of lawless 
 power. In vain did I plead what the con- 
 stitution of my country guaranteed, that 
 there "shall be one supreme court," and 
 that styled " the court of appeals;" that 
 - that court was of constitutional creation — 
 that the judges held their ofliees during 
 good behaviour, and could dot be legislated 
 out by a f>are majority of the legislainre : 
 that the judges could only be constitution- 
 ally displaced by impeachment or an ad- 
 dress of two-thirds of the legislature ; that 
 whether Messrs Boyle, Owsley and Mills, 
 were in or out of office, the court of appeals 
 still existed ; that I had been appointed 
 clerk to that court during good behaviour; 
 that I could not be removed from office but 
 by the judges of the court of appeals only ; 
 that I had not been removed by them ; that 
 the exercise and profits of the clerkship to 
 said court, was my constitutional right; 
 that it was a liberty I was entitled to, as 
 long as I lived and the constitution was re- 
 spected ; that I could not be compelled to 
 give evidence against myself; and, that I 
 ought not to be fined or or punished for ex- 
 ercising my rights and liberties, and per- 
 forming my official duties. In wliat did the 
 replication to my pleading consist 1 Not 
 in matters of avoidance founded in sound 
 argument or reason and common sense ; 
 but in the hand of power, which after di- 
 recting me to be insulted with sixteen ques- 
 tions, degrading even to the pitiful attor- 
 ney general that drew them, 1 am fined 10 
 pounds. And why J because 1 had in the 
 exercise of official duties, resisted their 
 lawless proceedings, and would not yield 
 to them my just rights. Fellow-citizens, 
 letmelay before you some specimen of these 
 insulting questions : " Are you actuated by 
 any other motive than the desire to have the 
 office of clerk of the court of appeals, and 
 to no question of principle in your mind in 
 relation to jvhat is your duty V " Who 
 removed the records, &c. or any part there- 
 of; who were concerned in it ; who procur- 
 ed tl-eir removal ; who abetted, counseled, 
 advised, and aided you in it?" And may I 
 not, in return ask, whether they were ac- 
 tuated by any other motive to remove the 
 old judges, and myself from office, in order 
 to shun the effects of the decision of those 
 judges, in the case of White, &c. and Pren- 
 tiss, heretofore noticed; and to no ques- 
 tion oi principle, in their own minds in re- 
 lation to what were their duties as good cit- 
 izens ! Who were their aiders, abettors, 
 counsellors and advisers ? Will they *' dis- 
 close fully and distinctly," to a deceived 
 rommunitv, all they know in relation to 
 
 the plans, combinations and secret caucus 
 proceedings of last session; and state fully 
 and freely, who composed those caucuses? 
 Whether the executive department, was 
 not often guilty of using the influence of its 
 powers, over part of the legislative depart- 
 ment, and endeavouring to produce a com- 
 bination of the powers of both these de- 
 partments, to the destruction of the judici- 
 ary department 1 
 
 In vain has the 9tb section of the bill of 
 rights declared, " that the people shall be 
 secure in their persons, houses, papers and 
 ' possessions, from unreasonable seizures and 
 searches; and that no warrant to search 
 kny place, or seize any person or things, 
 shall issue without describing them as near- 
 ly as may be, nor without probable cause, 
 supportkd by oath or affirmation.^'' 
 
 This same Mr Barry, and his associate 
 judges, in the presence of the gdvernor, 
 and in defiance of this constitutional provi- 
 sion, do not deign to write a warrant, to 
 describe what place is to be searched for 
 papers, nor what papers are to be search- 
 ed for ; but direct the officer and his at- 
 tending power to break open my house- 
 yes, the house of a free born American, 
 and who has never yet forfeited his rights 
 and privileges as such — to rifle and bring a- 
 way such papers, &c. as he deems proper. 
 It is done. The outrage is committed, in 
 this once proud land of freedom. But where 
 is the remedy? The outrage is from the 
 usurper himself, who first trampled your 
 constitution under foot, and now purs his 
 foot, as it were, upon the neck of a citi- 
 zen. 
 
 My situation was one which demanded 
 at the hands of any but cruel monsters, bet- 
 ter treatment. It is well known that my 
 whole life had been devoted to labour — by 
 saving and economising my little earnings, 
 I had reaped together something like a 
 competency for old age. But from other's 
 losses, and from securityships, I had sus- 
 tained immense injury, and with the ut- 
 most difficulty had been able to keep from 
 sacrifice my little property, and at the time 
 of these transactions was well known to 
 labour under heavy executions for security 
 alone — one of which debts, Mr Bibb, who 
 drew this monstrous bill, and Mr Blair, the 
 clerk, were also securities with me. — 
 Great friends of relief ! they aided in tak- 
 ing from me my office, and thereby relieved 
 me of the means of pay ing the debt, without 
 a sacrifice of my property ; while they ack- 
 nowledge that their '* mountains of debt," 
 will preclude the probability of their ever 
 paying any of it. My health had been 
 much impaired by severe spells of the fe- 
 ver. I had long been deprived of the part- 
 ner of my cares, who had left me a nume- 
 
%% 
 
 torn and helpless offspring, to cherish and 
 to raise ; among whom were two lif tie boys, 
 my only sons, affectionate and beloved. — 
 Of these dear boys, the hope and stay of my 
 declining life, I was deprived of in one day; 
 the day preceding the governor's triumph- 
 ant entry into Frankfort after his election. 
 The state of my health, the fatigues and 
 anxiety occasioned by the ill health of 
 nearly all my family, together with my 
 losses, bad made a deep impression on my 
 spirits; and although 1 had endeavoured to 
 suppress its effects, it was too visible to be 
 unnoticed. But these circumstauces 
 weighed nothing against the hand of power. 
 My person is seized ; my rights violated ; 
 and my feelings trampled on, as if I had 
 been the vilest reptile. My grey hairs are 
 made the subject of sport ; new presses 
 must b« gotten for the new clerk, lest I 
 ebould haunt bim in the old ones in the 
 
 shape of a " grey rat." And to demon- 
 strate farther their savage joy to inflict a 
 further laceration on my feelings, and to 
 mock my distresses, they cause a procla- 
 mation to be drawn up, announcing the 
 " surrender and capitulation of General 
 Sneed." We read with horror of the Pi- 
 rales, who rob, and then, in hellish mirth, 
 make their victims walk the plank ; and 
 yet, we see these pirates on your constitu- 
 tion, violating private rights — stripping aa 
 individual of his just claims and private pa- 
 pers — and thenimpud«|>otly proclaiming the 
 fou! fact in ridicule and scoff; when they 
 know that if ever the constitution is again 
 the law of the land, before any honest tri- 
 bunal upon earth, the only question can be 
 -what can the perpetrators of the outrage^ 
 
 pay 
 
 ACHILLES SNEED. 
 
 Frankfort, Kt. Ju«e 1825. 
 
LIBRARY OF CONGRESS 
 
 e 014 613 882 2