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INDIANA 
 
 HISTORICAL SOCIETY 
 
 PUBLICATIONS 
 
 is 
 
 VOLUME 8 
 
 H 
 
 DISTRIBUTED BY 
 
 THE BOBBS-MERRILL COMPANY 
 
 INDIANAPOLIS 
 
 1930 
 
OFFICERS, 1930 
 
 James A. Woodburn, President 
 Evans Woollen, 1st Vice-President 
 Charles T. Sansberry, 2nd Vice-President 
 Richard B. Wetherill, 3rd Vice-President 
 Charles E. Coffin, Treasurer 
 Christopher B. Coleman, Secretary 
 
 EXECUTIVE COMMITTEE 
 
 The Officers of the Society 
 and 
 Lee Burns, Chairman Linneaus N. Hines 
 
 Mrs. Eva Neal Beck Otto M. Knoblock 
 
 Amos W. Butler Mrs. Harvey Morris 
 
qn. 
 
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 CONTENTS 
 
 PAGE 
 
 No. 1. Judge James Lockhart, by George R. Wilson . . 1 
 
 No. 2. Indiana's First War, translated by Caroline and 
 
 Eleanor Dunn 71 
 
 No. 3. The Environment of Abraham Lincoln in 
 
 Indiana, by John E. Iglehart 143 
 
 An Account of the De Bruler Family, by 
 Eugenia Ehrmann 171 
 
 No. 4. Early Navigation on the St. Joseph River, 
 
 by Otto M. Knoblock 183 
 
 No. 5, The Journey of Lewis David von Schweinitz 
 to Goshen, Bartholomew County, in 1831, 
 translated by Adolf Gerber 203 
 
 No. 6. The Northern Boundary of Indiana, by Mrs. 
 
 Frank Sheehan 287 
 
 No. 7. Evansville's Channels of Trade and the Se- 
 cession Movement, 1850-1865, by Daniel W. 
 Snepp 323 
 
 No. 8. Indiana Coverlets and Coverlet Weavers, by 
 
 Kate Milner Rabb 393 
 
 No. 9. Life in Old Vincennes, by Lee Burns 435 
 
INDIANA HISTORICAL SOCIETY PUBLICATIONS 
 
 VOL. 8 NO. 1 
 
 JUDGE JAMES LOCKHART 
 
 BY 
 
 GEORGE R. WILSON 
 
 INDIANAPOLIS: 
 
 WM. B. BURFORD, CONTRACTOR FOR STATE PRINTING AND BINDING 
 
 1923 
 
JUDGE JAMES LOCKHART 1 
 
 PART I 
 
 JUDGE JAMES LOCKHART, of the "Pocket of In- 
 diana/' was born at Auburn, New York, February 13, 
 1806, and died at Evansville, Indiana, September 7, 
 1857, past fifty-one years of age. His remains are at 
 rest in Oak Hill Cemetery, at Evansville. It was thought 
 his death was due to consumption. He is most promi- 
 nently known in local history as an attorney, jurist and 
 congressman. In 1833, Judge Lockhart was admitted to 
 the bar in Vanderburgh county. He was commissioned a 
 notary, April 17, 1834. Among the smaller political posi- 
 tions filled by Judge Lockhart, it is recalled that from 
 May 23, 1835, to June 10, 1836, he was surveyor at 
 Evansville; he then became city clerk and served until 
 June 7, 1837, at which time he became trustee of the 
 second ward. He was county agent of Vanderburgh 
 county. This was an office created in March, 1818, and 
 abolished in 1852. The work of the county agent, under 
 the first constitution, was merged into the duties of the 
 county auditor, by the present constitution. In 1837, 
 Judge Lockhart was an attorney at law, in Evansville; 
 he became prosecuting attorney in his judicial district, 
 in 1842. 
 
 Judge Lockhart's signature as it appears upon the 
 state constitution of 1851, and many other legal docu- 
 ments in the "Pocket of Indiana," very much resembles 
 
 1. This biographical sketch was prepared for the Southwestern Indiana His- 
 torical Society, and presented at its annual meeting held at Evansville, Indiana, 
 February 28, 1923. 
 
 (3) 
 
4 JUDGE JAMES LOCKHART 
 
 the handwriting of James Madison, James Monroe, An- 
 drew Jackson, and men of their day and generation. 
 The present state constitution is engrossed on sheep skin, 
 in book form, and is preserved, in a glass case in the of- 
 fice of the secretary of state, at Indianapolis. From that 
 document the fac-simile of his signature below his pic- 
 ture was traced. 
 
 Judge James Lockhart was a great favorite in Dubois 
 county, and he had much to do in establishing that coun- 
 ty's political history and bearing. At Jasper, in 1839, 
 Judge Lockhart was nominated for congress, in the old 
 log courthouse. In those days, one county could nomi- 
 nate a man, that is, name him, as its choice. The 
 
JUDGE JAMES LOCKHART 5 
 
 term has changed its meaning. In those pioneer days 
 "to nominate" meant "to name," as the choice of any 
 one particular assembly of men. The word "instruct" 
 is now used in the sense, "nominate" was formerly used. 
 In 1841, at Boonville, Judge Lockhart was nominated for 
 congress, on the Van Buren ticket. In the same year he 
 received, in Dubois county, 202 votes, against 190 votes 
 for Promt. Proffit was also much thought of in Dubois 
 county. 
 
 In Elliott's History of Evansville and Vanderburgh 
 County, among other things, we read as follows : 
 
 "In 1846, James Lockhart was commissioned to succeed Judge 
 Embree as judge of the fourth judicial circuit, by Governor James 
 Whitcomb. * * * Judge Lockhart had become one of the lead- 
 ing lawyers of the state, and it may be said that his appoint- 
 ment was the beginning of a new era in the history of the 
 judiciary of Indiana, that henceforth it required some legal ability 
 and knowledge of law to become a judge of the fourth judicial 
 circuit. Judge Lockhart was slow in decision but was almost in- 
 variably right in his conclusions. He was an untiring worker, 
 and a close student, consequently a careful judge. He was a 
 splendid office lawyer and a regular 'book worm'. He afterwards 
 figured to a great extent in politics, and was a member of the 
 twenty-third congress of the United States. Alvin P. Hovey 
 succeeded Judge Lockhart in 1851." 2 
 
 In the History of Pike and Dubois Counties, we read : 
 
 "James Lockhart received the judicial ermine from the shoul- 
 ders of Judge Embree as is shown by the commission from Gov- 
 ernor Whitcomb, February — , 1846. 
 
 "James Lockhart was admitted to the bar in 1832, and was 
 prosecutor for seven years. He is described as being a 'leading 
 lawyer of strong and determined mind' and in spite of every 
 obstacle attained a commanding position in his profession. He was 
 
 2. pp. 137-138. _ :<j Jj| 
 
 2—80673 
 
6 JUDGE JAMES LOCKHART 
 
 tall in person, of remarkable voice, was a keen and logical debater 
 and an impartial and popular magistrate. He was the first to 
 formulate a code of rules to govern his court. There were thirty- 
 nine in all under the heads, motions, pleadings and papers, docket, 
 trial, sheriff, chancery and miscellaneous. 'Under trial' is this 
 rule; 'one lawyer only on each side can question a witness'." 3 
 
 From a book called Evansville and Its Men of Mark, the 
 following notice is taken of Judge Lockhart : 
 
 "Around the name of James Lockhart cluster the recollections 
 of a brave and gallant spirit; a refined and cultivated man; an 
 erudite jurist; and a politician who understood so well the wants 
 and necessities of Indiana. He was born in Auburn, N. Y., on the 
 thirteenth of February, 1806. The eldest of ten children, he was 
 forced to assist his father, Ephraim L. Lockhart, in the carding 
 and fulling-mill business, and served a full apprenticeship in the 
 same. During his leisure time, he devoted himself to studying the 
 preparatory books for college, and enjoyed the privilege of a partial 
 course. Owing to his lack of means, he was forced to relinquish 
 his hope of being a graduate. He also studied law; but was not 
 admitted to practice till after his arrival at Evansville, in 1832. 
 His name was familiar to the people as a leading lawyer for 
 many years. His strong will and determined mind caused him to 
 study carefully the cases presented to his charge; and he, in 
 spite of every obstacle, took a commanding position in the profes- 
 sion. For several years he acted as prosecuting attorney; and 
 for over seven years he served as Circuit Judge. Many are the 
 pleasing memories of Judge Lockhart; and he must have been 
 an impartial and popular magistrate. 
 
 "In 1851, he was a member of the Constitutional Convention, 
 and in that body exerted an influence second to none in the state 
 (1852). He was elected by the Democrats as a member of the 
 thirty-second congress and was a member elect of that body at 
 the time of his death, in September, 1857. His health barely sur- 
 vived the first (1856) campaign; and we have no doubt that his 
 extreme labors as a public speaker were the cause of his untimely 
 death. Tal l in person; weight over two hundred pounds when 
 
 3. pp. 309, 310, 311. 
 
JUDGE JAMES LOCKHART 7 
 
 in health; and possessing a remarkable voice for public speaking, 
 his presence on the stump was the signal for a great rally of his 
 political friends, and even opponents. A keen and logical de- 
 bater, his arguments were presented in a style peculiar to himself; 
 and he won a distinction for political debates which has secured 
 for him a lasting reputation. His career in congress was such 
 as to add to his fame; and in Washington, as well as in Indiana, 
 Judge Lockhart was regarded as one of the 'men of the times'." 
 He was married in 1835, to Miss Sarah G. Negley, daughter 
 of David Negley, an old resident of Pigeon Creek settlement. 4 
 
 In a History of Vanderburgh County the following no- 
 tice is made of Judge Lockhart : 
 
 "The last mentioned of the president judges was Hon. Elisha 
 Embree. His successor, Judge James Lockhart, commissioned in 
 March, 1846, by Governor James Whitcomb, was a resident of 
 Evansville, and before ascending to the bench had become one of 
 the foremost lawyers in this part of the state. His selection to 
 the important office was a just tribute to his abilities and worth. 
 A native of New York, he was born in 1806 and died in this city 
 in 1857. Admitted to the Evansville bar, in 1832, he soon gained 
 recognition as an able and erudite lawyer. He was not a man of 
 quick perception and ready speech, but studious and painstaking. 
 When addressing court or jury he was slow, deliberate and earnest. 
 His intense interest in any case which he undertook, and his deep, 
 enthusiastic earnestness carried conviction. He was known as a 
 book lawyer, plodding patiently through authorities and working 
 his cases thoroughly. He was much like Judge Iglehart, well 
 known to later practitioners, except that he lacked some of the 
 smoothness of the latter and was not as clear a writer. Through- 
 out his career as a practitioner he held a commanding position. 
 On the bench he was impartial, just and thoroughly capable. For 
 several years he was prosecuting attorney for the district, was a 
 member of the Constitutional Convention in 1851, and was elected 
 to a seat in the thirty-second congress, but died before taking the 
 office. He was well known as a politician throughout the district, 
 and was a recognized leader of the democracy. Socially he en- 
 
 4. p. 83. 
 
8 JUDGE JAMES LOCKHART 
 
 joyed a very high standing, being refined and cultivated and having 
 a most excellent wife, daughter of David Negley, of Center Town- 
 ship. The fact is worthy of mention that the only dinner ever 
 given to the Evansville bar was at the hospitable home of Judge 
 Lockhart shortly before his election to congress. There were then 
 about sixteen lawyers in the city, and all were present on the 
 occasion. It need hardly be said that a most delightful afternoon 
 was enjoyed. His attainments and character gave Judge Lockhart 
 a lasting hold upon the esteem of his contemporaries in social and 
 professional circles. 
 
 "The next to preside in the circuit court of Vanderburgh 
 County was Alvin P. Hovey, who was commissioned in September, 
 1851, by Governor Joseph A. Wright." 5 
 
 Judge Lockhart was commissioned December 13, 1845, 
 as president judge of the fourth judicial circuit for the 
 term of seven years from January 21, 1846. He re- 
 signed in 1851, and General Alvin P. Hovey, was com- 
 missioned on May 31, 1851, to fill the vacancy. Judge 
 Lockhart served in congress in 1851-1853. He was 
 elected over the Whig candidate, Judge L. Q. DeBruler. 
 
 In the early days law libraries were not very ex- 
 tensive; but what few books were on hand were ex- 
 tensively read, thoroughly studied, and well understood. 
 From what can be learned of Judge Lockhart at this 
 late day, he appears to have been a strong advocate be- 
 fore a judge or jury for he argued from the bedrock of 
 principles. He was trained to it, and in this was his 
 power. His reasoning was sound, along the line that is 
 expressed by the words "common law is common sense." 
 He always attempted to brush away the little things in 
 a case and get at the real facts in the case itself. 
 
 Judge Lockhart had a high respect for the law and the 
 dignity of the members of the bar. The old county 
 
 5. p. 341. 
 
JUDGE JAMES LOCKHART i) 
 
 clerks, as standing in a close relation to the bar, were 
 his friends. He stood high in their regard, and they 
 were admitted to a share of his intimacy. In Dubois 
 county a few of the older citizens named their sons 
 "Lockhart." To Judge Lockhart the profession of the 
 law was the highest of all professions, because it ap- 
 peared as a brotherhood, was sacred as between lawyer 
 and client, and maintained the rights of men. It also 
 preserved the government, and controlled the adminis- 
 tration of the law. 
 
 Judge Lockhart was a close student of the law and real- 
 ized in it the profession which created the liberties of 
 man, and preserved them. It was the profession of 
 Blackstone, Bacon, Coke, Clarendon, Lord Hardwick, 
 Lord Mansfield, Pratt, Eldon, Erskine, Pendleton, Henry, 
 Wythe, Jefferson, Webster, Marshall, Bracton, etc. Judge 
 Lockhart always spoke of law with affection, reverence, 
 and enthusiasm. He was a strong advocate of many of 
 the older laws and practices before the last constitutional 
 convention. 
 
 Judge Lockhart gave the law such intense study that 
 he was able to analyze the most intricate problems in it 
 and present them in plain, simple language. He could 
 make many eccentric phrases melt into reasonable ex- 
 pressions, into common law and common sense. His law 
 language became a vehicle of thought and, in this way, 
 his mind and the minds of the jurors could meet upon a 
 common understanding. 
 
 Perhaps Judge Lockhart's greatest work was done 
 while he was a member of the last constitutional conven- 
 tion. The work he did there left its imprint upon the 
 laws of Indiana and its blessings upon the future citizens 
 
10 JUDGE JAMES LOCKHART 
 
 of the state. In that convention Judge Lockhart repre- 
 sented a district composed of the counties of Posey and 
 Vanderburgh. This convention itself was productive of 
 more good results than is usually recalled. 
 
 The words "Evansville" and "Vanderburgh" have 
 enough German sound in their makeup to have attracted 
 the attention of the people of that nation. Did they do 
 so? Judge Lockhart was very solicitous of German in- 
 terests in the making of the constitution and in its pub- 
 lication and in the publication of the revised statutes 
 made thereunder. This congressional district had many 
 German voters and in his race for congress he received 
 their well-earned support. The days of knownothingism 
 were not far in the future. 
 
 The Book of Debates of the Indiana Constitutional Con- 
 vention is well worth the careful perusal of anyone in- 
 terested in our present constitution. All of us should 
 be. In the main, those two volumes are the authority 
 for much that is related herein of that constitution, and 
 the part Judge Lockhart played in its making. At the 
 time of the convention Judge Lockhart was closing a 
 successful term of seven years on the bench, and he pos- 
 sessed a vision and a view of law and constitutions not 
 in the possession of many delegates to the convention. 
 He was easily one of its most brilliant and valued dele- 
 gates. It is quite evident that the Hon. Benjamin Rose 
 Edmonston, of Dubois county, and many other delegates, 
 all prominent in the convention, relied upon Judge Lock- 
 hart for much of the technical information. 
 
 Judge Lockhart's experience on the bench had taught 
 him that it was almost a crime to send a first offender to 
 the Jeffersonville prison, at that time one of the worst 
 
JUDGE JAMES LOCKHART 11 
 
 in the world, there to associate with unredeemable crim- 
 inals, to absorb their hatred of law and order, etc., so on 
 Monday, October 28, 1850, which was early in the con- 
 vention, Judge Lockhart offered a resolution to obtain 
 from the warden of the state prison, at Jeffersonville, 
 certain information as to the age, sex, and other statistics 
 of criminals, in order that the convention might judge 
 of the necessity for another kind of prison, an institu- 
 tion intermediate between the county jail and the state 
 prison — something similar to a house of correction or a 
 "house of refuge" ; later in years, really represented by 
 what is now known as the Boys' School at Plainfield, near 
 Indianapolis. This was a generation before the state re- 
 formatory existed, and about sixty years before there 
 was a penal farm in Indiana. The resolution carried, 
 but the "house of refuge" was not then created. 6 
 
 In a broader sense he had the idea or the theory now 
 advanced, in a large measure, by the state board of char- 
 ities, or the state board of pardons. In that sense he 
 was a generation in advance of his state. While acting 
 in a judicial capacity Judge Lockhart dreaded very much 
 to send a youth to the state's prison. In speaking upon 
 this subject before the state constitutional convention, 
 among other things, Judge Lockhart said : 
 
 "It seems to me that there is no question that can be pre- 
 sented for the consideration of this convention, that is of more 
 importance than this. The correction and reformation of juvenile 
 offenders is a subject upon which I have thought and reflected 
 much. Having occupied, for several years past, a high judicial 
 position, I have often been pained to see the youth, the mere boy, 
 
 6. Proceedings of the Constitutional Convention, Vol. I, pp. 254, 493. Vol. 
 II, p. 1036. Joshua XXI, verses 13, 21, 27, 32, 38, Numbers 35-6. Holloway's 
 Indianapolis, 1870, pp. 191, 192. 
 
12 JUDGE JAMES LOCKHART 
 
 branded as a felon, under our laws, and sent for a series of years 
 to that worst of all prisons in the United States — the Jeffersonville 
 state prison." 
 
 He championed a "house of refuge," etc., for young of- 
 fenders. 7 
 
 The legislature of Indiana, by an act approved March 
 8, 1867, authorized an institution to be known as "A 
 HOUSE OF REFUGE FOR THE CORRECTION AND 
 REFORMATION OF JUVENILE OFFENDERS." 
 
 To carry out the provisions of this act the sum of fifty 
 thousand dollars ($50,000.00) was appropriated. The 
 general supervision and government of the institution 
 was vested in a board of control. It consisted of three 
 commissioners, appointed by the governor, by and with 
 the advice and consent of the senate. Charles F. Coffin 
 of Wayne county, A. C. Downey of Ohio county, and Gen- 
 eral Joseph Orr of Laporte county were the first members 
 of the board. Charles F. Coffin was the first president. 
 The institution at Plainfield, in Hendricks county, thus 
 had its origin, and Judge Lockhart's vision of sixteen 
 years before came true. 
 
 In the convention the position of auditor of state was 
 created and Judge Lockhart was the author of the title 
 "Auditor of State," the legal name for the official com- 
 monly known as state auditor. 8 
 
 Upon the question of taking private property for pub- 
 lic use, and providing for the pay of the same, Judge 
 Lockhart presented valuable argument before the con- 
 vention, covering what could happen in the case of non- 
 residents^ feme covert, infant, idiot, lunatic, etc. He 
 
 7. Proceedings of Constitutional Convention, Vol. II, p. 1903. 
 
 8. Ibid. Vol. I, p. 336. 
 
JUDGE JAMES LOCKHART 13 
 
 declared, "No man's particular services shall be demanded 
 without just compensation. No man's property shall be 
 taken without compensation; nor, except in case of the 
 state, without such compensation first assessed and ten- 
 dered to the owner," etc. 9 His talk continued and cov- 
 ered cases wherein the owner was physically unable to 
 reach or receive compensation, etc. Judge Lockhart 
 usually received close attention and marked respect. 
 
 Upon the question of negro immigration and rights 
 Judge Lockhart took an active part in the convention. 
 He was in favor of the legislature passing laws, with 
 as little delay as possible, prohibiting negroes or mu- 
 lattoes from coming into or settling in this state, and 
 prohibiting all negroes and mulattoes who have come 
 into this state since the 10th day of February, 1831, and 
 who have not complied with the provisions of the general 
 assembly of this state entitled "An act concerning free 
 negroes and mulattoes, servants and slaves," approved 
 February 10, 1831, "from purchasing real estate, or any 
 interest therein, hereafter." 10 The act of 1831 was 
 styled the "black law" by many pioneers. 11 
 
 Upon this point Judge Lockhart made a very interest- 
 ing and learned address. 12 
 
 A portion of the old law read as follows : 
 
 "From and after the first day of September next (1831), no 
 black or mulatto person coming or brought into this state, shall 
 be permitted to reside therein unless bond with good and sufficient 
 security be given on behalf of such person of color— in the penal 
 sum of five hundred dollars, conditioned that such person shall 
 not at any time become a charge to said county." 
 
 9. Ibid. Vol I, pp. 437, 560. 
 
 10. Ibid. Vol. I, p. 572. 
 
 11. Ibid. Vol. I, p. 622. 
 
 12. Ibid. 
 
14 JUDGE JAMES LOCKHART 
 
 While debating this question, among other things, 
 Judge Lockhart said : 
 
 "That section virtually provides that they might come into 
 the state, and if they did, that they should comply with its pro- 
 visions. For a time it was supposed that this law was uncon- 
 stitutional. The supreme court, however, has decided otherwise 
 and that the act is constitutional. The amendment I have offered 
 is substantially this: 
 
 " 'That all negroes who have been born in this state or those 
 who came into the state prior to the act of tenth February, 1831, 
 just recited, and all who have come into the state since that 
 period and have complied with the provisions of the law shall be 
 permitted to hold real estate hereafter, as they have heretofore. 
 It seems to me that if these instructions be adopted, the friends 
 of the most stringent law on that subject would be satisfied. It 
 would be leaving the negro exempted in the amendment, free to 
 acquire and hold property. The ground which I have taken, I 
 think, would be neutral and common ground on which we all 
 would meet, that it would be a position which we could all main- 
 tain and which would be maintained by the people of the state. 
 It cannot be urged with propriety, that those who have come into 
 the state since the passage of the act of 1831, and have not com- 
 plied with its provisions, can have any claim to the protection 
 which the law otherwise would have afforded them, or any other 
 of the laws of the state. They reside here in fraud of the law 
 and have no right to claim its protection/ * * * 
 
 "It has been said during the discussion of this question, that 
 there is a pro-slavery party in this convention; that there are 
 men on this floor who are pandering to the Southern slave-holders 
 
 men who are not willing to maintain the principles declared to 
 
 be the rights of citizens of this state, guaranteed by the present 
 constitution. I, for one, Sir, am not prepared to say that when 
 I take the position which I do, that I am pandering to the preju- 
 dices of the Southern slave-holder. I maintain that Indiana ought 
 to be, and should forever remain, free soil. I go in, however, for 
 maintaining the integrity of the laws and of the constitution of 
 the United States. I go in for the enforcement of the bill which 
 has been denounced from one end of the Union to the other — I 
 
JUDGE JAMES LOCKHART 15 
 
 mean the fugitive slave law. I believe that it is a duty which 
 we owe to the sister states, a duty which we owe to ourselves, a 
 duty which we owe to the integrity of the Union, to see that the 
 laws are faithfully, honestly and impartially administered. That 
 was one of the principles on which the federal constitution was 
 framed; and it is unquestionably our duty to preserve it inviolate. 
 Sir, I see very little moral honesty in declaring upon this floor, 
 that we are in favor of maintaining the supremacy of the law, 
 while at the same time we stigmatize each other as being panderers 
 to the interests of Southern slave-holders, or Northern fanatics. 
 If to maintain the supremacy of the law be to pander, then I am 
 willing to be branded as a panderer." * * * 13 
 
 The speech was of considerable length and one may 
 easily see as he reads it that Judge Lockhart looked, as 
 did Daniel Webster, upon constitutions and laws as con- 
 tracts not to be broken. So long as slavery was a con- 
 stitutional right the slave-holder had rights other men 
 must observe, etc. All sections of the new constitution 
 that touched upon slavery brought forth unusual deci- 
 sions. True, at that time, there was no slavery in Indi- 
 ana, but its blight, or evil influences, reached over into 
 Indiana, and the slave question was becoming serious. 
 
 When the question of providing for a new county to 
 be constructed from portions of Perry and Spencer was 
 before the last state constitutional convention (which is 
 fully reported in Volume I, between pages 931 and 941, 
 of the convention proceedings), Judge Lockhart's sym- 
 pathies were with Mr. Huff, the delegate from Spencer. 
 Judge Lockhart said : 
 
 "My feelings are all with the mover of the reference. The 
 division of counties, it is true, ought not to be encouraged, nor 
 ought we unnecessarily to prevent it where a clear majority of the 
 people are in its favor. I regard this, Sir, as a question over which 
 
 13. Ibid. pp. 622, 627. 
 
16 JUDGE JAMES LOCKHART 
 
 the people themslves in the local jurisdictions ought to have con- 
 trol. I therefore trust that the proposition will receive the favor- 
 able action of this convention, and that the section will be amended 
 as proposed." 
 
 Today, the final analysis, or answer, is to be found in 
 the following provision of the present constitution; 
 Schedule, Article XV, near the end of the state consti- 
 tution : 
 
 "Whenever a portion of the citizens of the counties of Perry 
 and Spencer shall deem it expedient to form, of the contiguous 
 territory of said counties, a new county, it shall be the duty of 
 those interested in the organization of such new county, to lay 
 off the same, by proper metes and bounds, of equal portions as 
 nearly as practicable, not to exceed one-third of the territory of 
 each of said counties. The proposal to create such new county 
 shall be submitted to the voters of said counties, at a general elec- 
 tion, in such manner as shall be prescribed by law. And if a 
 majority of all the votes given at said election shall be in favor 
 of the organization of said new county, it shall be the duty of the 
 General Assembly to organize the same out of the territory thus 
 designated." 14 
 
 The size of the General Assembly of Indiana brought 
 forth a general discussion such as we hear now-a-days in 
 congress. A full representation was desired. At the 
 time of this convention (1851) Indiana had only ninety 
 counties. 
 
 When the question was before the state constitutional 
 convention, quite a discussion arose as to the number of 
 state senators and state representatives that should be 
 required to constitute the "General Assembly of the State 
 of Indiana." Edmonston, of Haysville, and Judge Lock- 
 hart took prominent parts in this discussion, and their 
 wishes prevailed. 15 
 
 14. Ibid. Vol. II, p. 2077. 
 
 15. Ibid. Vol. I, pp. 981, 985, 
 
JUDGE JAMES LOCKHART 17 
 
 When the constitutional convention of 1851 was clos- 
 ing up its work, Mr. Bright, of Jefferson county, 
 
 "offered a resolution to the effect that the secretary be authorized 
 to have five thousand copies of the constitution and address pub- 
 lished in the German language, etc." 
 
 the resolution was adopted. 16 
 
 About the time this state constitution was being writ- 
 ten (1850-1851) states north of us were passing laws 
 very inviting to the Germans then preparing to leave 
 Europe for the freedom of America. It caused this state 
 constitutional convention to be exceedingly liberal in its 
 constitutional provisions regarding aliens' rights, votes, 
 etc., so liberal, in fact, as to make Indiana a favorite of 
 the German emigrant. The constitution itself and the 
 statutes were printed in German, laws were passed favor- 
 ing the German language in public schools, and the pro- 
 ceedings of some town councils, etc., were kept in German. 
 No wonder the jolt in the World War was a severe one, 
 for many Germans never realized until then that they 
 were in America and actually American citizens, subject 
 to American laws and customs after all. The Democrats 
 were the majority party in the state constitutional con- 
 vention. Judge Lockhart requested that fifteen thousand 
 copies of the new constitution be printed in German. 17 
 
 Benjamin R. Edmonston, of Haysville, offered a sec- 
 tion to the constitution to the effect that in each school 
 district the qualified electors thereof may decide, by vote, 
 whether they will have any other than the English lan- 
 guage taught in the district, but it was voted down. 18 
 
 16. Ibid. Vol. II, P. 2066. 
 
 17. Ibid. p. 2030. 
 
 18. Ibid. p. 1861. 
 
18 JUDGE JAMES LOCKHART 
 
 On Thursday, October 24, 1850, Judge Lockhart took 
 a decided stand against local or free banks. He offered 
 the following resolution, which was ordered printed : 
 
 "Resolved, That in the opinion of this convention, the interests 
 of the people and the honor of the state demand that a provision 
 be inserted in the constitution prohibiting the legislature from 
 incorporating any bank or banking institution in this state." 
 
 When the question of abolishing the grand jury system 
 was before the state constitutional convention, in 1850, 
 Judge Lockhart delivered an address in favor of the 
 grand jury, in which he displayed a familiarity with Eng- 
 lish history not often seen, even at this time. His ad- 
 dress was in the language of his day, with a full supply 
 of "Sirs," and other courtesies not now in use. It had 
 many rounded periods which reminds one of the orations 
 of George H. Promt, but it was more specific and legal 
 in its terms and premises. Since this particular address 
 may give us a character picture of Judge Lockhart, in 
 middle life, and is a fair example of the orations of that 
 famous convention, perhaps the greatest ever held in In- 
 diana, the address, practically complete, is given and 
 marked "Exhibit A," at the close of this sketch. 
 
 Judge Lockhart was a strong advocate of the state 
 banking system. On January 7, 1851, when the banking 
 question was before the state constitutional convention, 
 Judge Lockhart delivered a set speech well worth read- 
 ing. It is to be found marked "Exhibit B," near the 
 close of this biographical sketch. 
 
 It is to be remembered that Judge Lockhart had a pro- 
 found respect for things old, and established, and fought 
 many proposed and radical changes upon the floor of the 
 convention. He had a high regard for law and order 
 
JUDGE JAMES LOCKHART 19 
 
 and implicit faith in the final judgment of the common 
 people. He realized that, in the final analysis, the peo- 
 ple's approval was required to make a new state consti- 
 tution — the convention was drafting the text, but the 
 people were required to give it force and effect. 
 
 In this state constitutional convention Judge Lockhart 
 was appointed on Monday, October 14, 1850, to serve on 
 the following committees: To represent the fourth ju- 
 dicial circuit "On the organization of the courts of jus- 
 tice" and "On salaries, compensation, and term of 
 office." 19 In the decade of the forties the fourth judicial 
 circuit was composed of the counties of Posey, Gibson, 
 Vanderburgh, Pike, Dubois, Spencer, Perry, Crawford, 
 and Warrick, but the changes were frequent. 
 
 The General Assembly of Indiana was in session during 
 the part of the time the state constitutional convention 
 was in session, and some delegates to the constitutional 
 convention were at the same period members of the Gen- 
 eral Assembly, then serving under Indiana's first consti- 
 tution. When the General Assembly convened it was 
 necessary for the convention to move from the State 
 House to the Masonic Hall. Madison invited the con- 
 vention to convene in that city and complete its work, 
 but the invitation was not accepted. 
 
 When the constitutional provision regarding the site 
 of the battle of Tippecanoe was before the constitutional 
 convention, Judge Lockhart raised the question of the 
 expediency of erecting a monument at the capital of the 
 state, to the memory of the gallant volunteers who fell in 
 Mexico. 20 The Whigs claimed the honors for Tippecanoe 
 but blamed the Democrats for the Mexican war. 
 
 19. Ibid. Vol. I, pp. 57, 58. 
 
 20. Ibid. Vol. II, p. 1342. 
 
20 JUDGE JAMES LOCKHART 
 
 The state constitutional convention was in session from 
 Monday, October 7, 1850, to Monday, February 10, 1851. 
 The latest constitutions of other states were freely con- 
 sulted and the suitable parts were adopted or adapted to 
 Indiana's needs. On the last day of this convention it 
 convened at six o'clock in the morning. The committee 
 on revision then made its final report. Modern states- 
 men would hardly convene at six o'clock on a Monday 
 morning to revise anything. 
 
 When the questions of permitting aliens to hold prop- 
 erty in Indiana was before the state constitutional con- 
 vention, among other things, Judge Lockhart said: 
 
 "In that portion of the state in which he resided, there was a 
 large foreign population, many of whom had experienced great in- 
 conveniences in the settlement of the estates of deceased aliens. 
 It was true for four or five years past we have had a statute which 
 measurably removed the evil, yet he thought that it ought to form 
 a section in the constitution. It may not be amiss to state that 
 in some of the continental states of Europe, the laws of descent 
 and distribution are made to depend upon the law of the country 
 where the heir or distributee resides, so that if by the law of 
 the country where the heir lived and owed allegiance, foreigners 
 were allowed to inherit, the rule would be reciprocal hence the 
 great importance of inserting the provisions of this section in the 
 constitution. He had known a German who resided in this state, 
 prior to the passage of the statute to which he had referred, who 
 fell heir to property in one of the German states, who was com- 
 pelled to change his residence from Indiana to Pennsylvania, or 
 Maryland, before he was entitled to enjoy the inheritance. * * * 
 Let us then secure to them and their friends in the country from 
 whence they came, their just right to inherit." 21 
 
 Judge Lockhart endeavored throughout the state con- 
 stitutional convention, as at all other times, to be cour- 
 
 21. Ibid. p. 1404. 
 
JUDGE JAMES LOCKHART 21 
 
 teous and respectful ; he never upon any occasion during 
 the convention united with those who felt disposed to 
 make noise and confusion in the hall. He did not occupy 
 much of the time of the convention ; he knew what to say, 
 how to say it, and how to quit when he had said it. He 
 was absent only a few hours during the entire session. 22 
 He was a close student, keen observer, and faithful dele- 
 gate ; conscientious, untiring, and honest in his beliefs. 
 
 The words "Gentlemen" and "Sir" appear so often in 
 the debates of the state constitutional convention, of 1850, 
 that one is reminded of the dignity of English debates, 
 or the courtesies and honor of southern people. The 
 harsh, cold, and indifferent language of debates of today 
 are not to be found, but the early language was, never- 
 theless, very cutting. It was simply delivered with more 
 polish, eloquence and refinement. 
 
 In the state constitutional convention, of 1850, Judge 
 Lockhart was generally referred to as the "Gentleman 
 from Vanderburgh/' but he represented the district com- 
 posed of Vanderburgh and Posey counties. 
 
 In one of his speeches before the state constitutional 
 convention, Judge Lockhart said: 
 
 "I desire to say that I will go as far as he who will go the 
 fartherest. I am for breaking down all distinctions between the 
 several forms of actions, and for having the law administered in 
 an uniform mode, without reference to the distinctions between 
 law and equity. It is high time, Sir, that the artificial distinctions 
 which have so long clogged the wheels of justice should be dis- 
 pensed with. We have already passed a section which provides 
 'that all courts shall be open, and every person, for injury done 
 to him, in his person, property or reputation, shall have remedy by 
 due course of law', and in the beautiful language of Lord Coke, 
 that section declares that 'justice shall be administered freely, 
 
 22. Ibid. p. 1532. 
 3—80673 
 
22 JUDGE JAMES LOCKHART 
 
 and without purchase, completely and without denial, speedily and 
 without delay', etc." 23 
 
 In many of Judge Lockhart's speeches one may see 
 references, not only to the common law of England, but 
 to the history of that common law. They show a general 
 knowledge of the history of England and of continental 
 Europe, as they pertain to law and equity. Apparently, 
 public men of 1850 knew more of English and European 
 history than do public men of today. They were really 
 closer to the influence of England than we are. Many 
 were only one or two generations removed from English 
 forefathers. 
 
 As a reader studies the printed speech delivered at the 
 state constitutional convention the conclusion draws 
 upon him that the men who framed the present state 
 constitution were probably the most resourceful men ever 
 assembled in Indiana. They were learned in the law, 
 history, achievements, ambitions, aims, hopes, and aspi- 
 rations of genuine Hoosiers. They had been students 
 and readers of the great men of the past, of the conven- 
 tions and constitutions of other states and countries, and 
 the history and progress made thereunder. The feudal 
 system, the grand jury system, the right of eminent do- 
 main, imprisonment for debt, and many other things 
 were discussed with a broad knowledge obtained from 
 their earliest history. The grand jury system called for 
 prolonged and serious discussions, and it was finally re- 
 tained, as the best of various methods suggested for pub- 
 lic protection. 
 
 Judge Lockhart closed his duties as a delegate to the 
 state constitutional convention on Monday, February 10, 
 1851, and in a few days was on his way to Washington 
 
 23. Ibid. p. 1840. 
 
JUDGE JAMES LOCKHART 23 
 
 to become a member of congress, where he represented 
 the first Indiana district in congress beginning Wednes- 
 day, December 3, 1851. At that time, Thomas A. Hen- 
 dricks, afterwards vice-president, was a member from 
 the fifth Indiana district. Messrs. Bright and Whitcomb 
 were in the senate. One of Judge Lockhart's first acts 
 was to introduce a bill to 
 
 "grant the right of way and make a donation of land to the states 
 of Indiana and Illinois, in aid of the construction of a railroad 
 from New Albany, in the State of Indiana, via Mount Carmel, on 
 the Wabash River, to Alton, in the State of Illinois." 
 
 which was read the first and second time by its title, 
 and referred to the committee on public lands. 24 
 
 In March, 1852, Judge Lockhart presented a petition 
 of "Samuel Hall, president of the Evansville and Illinois 
 Railroad, asking for a grant of land to aid in the con- 
 struction of said road from Evansville, on the Ohio river, 
 to Indianapolis, Indiana." At the same time he filed a 
 petition in favor of the assistant United States marshals 
 who took the seventh census in the counties of the 
 "Pocket," which petition asked for additional compensa- 
 tion for their services. 25 
 
 On Friday, March 26, 1852, Judge Lockhart presented 
 a petition for J. C. Graham, of Pike county, asking for 
 additional compensation for services rendered as assist- 
 ant marshal in taking the seventh census of the United 
 States. 26 
 
 On April 7, 1852, he filed a similar petition for B. B. 
 Piper, census taken for Posey county. 27 
 
 24. Cong. Globe, January 7, 1852, Vol. XXIV, Part I, p. 224. 
 
 25. Ibid. March 19, 1852, p. 800. 
 
 26. Ibid. Part II. March 26, 1852. p. 898. 
 
 27. Ibid. April 7, 1852. p. 1004. 
 
24 JUDGE JAMES LOCKHART 
 
 On April 22, 1852, he again appeared before congress 
 in the interest of the Evansville and Illinois Railroad and 
 land grants. 28 
 
 Judge Lockhart was a member of the committee on 
 territories and was interested in providing for the selec- 
 tion of places for the location and erection of public build- 
 ings for the territories of Oregon and Minnesota. 29 He 
 was also an active member in behalf of New Mexico, and 
 in behalf of the people of Oregon who defended them- 
 selves against Indian attacks in 1847 and 1848. 30 This 
 is sometimes referred to as the "Cayuse War," in Oregon. 
 
 On Saturday, May 29, 1852, the house had before it the 
 disposal of the saline lands in Indiana and there was some 
 discussion. The State of Indiana owned these saline 
 lands at that time, but their sale price had been placed at 
 one dollar and twenty-five cents per acre by the govern- 
 ment, and the land did not sell, though on the market for 
 nearly a quarter of a century. Eastern congressmen 
 seemingly opposed the reduction of the price per acre. 
 Originally the surveyors reported that these lands might 
 contain salt springs, and therefore valuable, but salt did 
 not develop. The discussion closed when Judge Lockhart 
 said: 
 
 "The lands which the provisions of this bill affect are prin- 
 cipally, if not all, in the district which I represent. I am, there- 
 fore, well acquainted with their situation and can concur fully in 
 the statement made by my colleague, Mr. Dunham. I hope, there- 
 fore, that the honorable member from Connecticut (Mr. Cleve- 
 land) will withdraw his opposition to the bill and let it pass." 
 
 - Mr. Cleveland accepted Judge Lockhart's explanation, 
 withdrew his objection and the bill passed. It was of 
 
 28. Ibid. April 22, 1852. p. 1171. 
 
 29. Ibid. pp. 1198, 1232, 1377. 
 
 30. Ibid. pp. 1377, 1455, 1456. 
 
JUDGE JAMES LOCKHART 25 
 
 material assistance to the common schools of Indiana, and 
 the proceeds are now recognized in what is known as the 
 "saline funds" embodied in our tuition funds for the com- 
 mon schools of Indiana. 
 
 On June 24, 1852, Judge Lockhart presented resolutions 
 of the legislature of the State of Indiana in relation to 
 declaring the bridge over the Ohio river at Wheeling, 
 (West) Virginia, a post route. This shows how far an 
 interest in a bridge may be felt. 
 
 On July 8, 1852, Judge Lockhart addressed the house 
 in behalf of the work of Dr. David Dale Owen, on the 
 geology of Iowa, Wisconsin and Minnesota. Among 
 other things Judge Lockhart said : 
 
 "As a geologist, Dr. Owen has but few equals, probably no 
 superior in this or any other country. The work, Sir, is one of 
 very great merit. As a literary production it will take a very 
 high rank; as a scientific work it will have no superior in that 
 branch of science. To the artisan and others who may hereafter 
 wish to settle upon the great coal-fields or mineral lands of the 
 Mississippi Valley, this report will be of incalculable value, etc." 31 
 
 Dr. Owen's book is said to be one of the best, neatest 
 and most inexpensive ever produced by congress up to 
 that time. The resolution called for thirty-five hundred 
 copies. 
 
 At an evening session of a committee of congress, on 
 Saturday, July 24, 1852, the river and harbor appropria- 
 tion bill was up for consideration. Judge Lockhart ad- 
 dressed the committee for an hour in favor of the bill. 
 He avowed himself a strict constructionist of the con- 
 stitution, and said he was prepared to vote for a just 
 system of measures, of a national character, for the im- 
 provement of rivers and harbors. In doing so he was not 
 
 31. Ibid. pp. 1693, 1694. 
 
26 JUDGE JAMES LOCKHART 
 
 departing from the Democratic doctrine, having before 
 him the example of Jeff erson, Madison, Monroe, Jackson, 
 and Polk, etc. 32 
 
 On August 4, 1852, Judge Lockhart took an active in- 
 terest in the reports furnished by the engineer concern- 
 ing the falls of the Ohio, the maps, and the additional 
 improvements needed. The canal around the falls was a 
 pioneer internal improvement which well deserved his 
 serious consideration. 
 
 On August 14 and 16, 1852, the discussion concerning 
 the "Wheeling Bridge" was attracting considerable at- 
 tention. A bill was before the house declaring the 
 Wheeling bridge a lawful structure and a post route. 
 The decision of Judge Marshall concerning the territory 
 situated, lying, and being to the northwest of the river 
 Ohio, came into the debate. The question of jurisdiction 
 over the Ohio river was a debated question. While the 
 debate was on, Judge Lockhart, among other things, said : 
 
 "I wish to state that the case of Handley's Lessee vs. Anthony, 
 to which he refers the question of state bounndary was not dis- 
 cussed. The only question presented to the court for its considera- 
 tion was whether thirty-six thousand acres of land, situate, lying 
 and being to the northwest of the Ohio, and lying within the county 
 in which I reside, was in Kentucky or Indiana. The lawyers in 
 that case conceded that if the land in controversy was an island, 
 it was in Kentucky, if not an island, it was in Indiana. From 
 this statement it will be seen that what Judge Marshall says in 
 relation to the boundary between the states of Kentucky and Indi- 
 ana, is not entitled to the consideration of a judicial decision; 
 that it is only the 'obiter dicta' of the judge who delivered the 
 opinion, and is not authority judicially pronounced upon the im- 
 portant question of boundary." 33 
 
 32. Ibid. Part III, p. 1889. 
 
 33. Globe, August 13, 1852, Vol. XXV, p. 1041. 
 
JUDGE JAMES LOCKHART 27 
 
 Judge Lockhart was a "Jackson Democrat' ' and was 
 evidently very proud to be one and to say so. On July 
 22, 1852, when a river and harbor bill was before the 
 House, Judge Lockhart made one of his principal 
 speeches before the "Committee of the Whole," upon the 
 improvement of the Ohio river. (See "EXHIBIT C.") 
 
 In the second session of the thirty-second congress, 
 Judge Lockhart still looked after the interests of the 
 territories, the river and harbor appropriations, and the 
 railroads then proposed in southern Indiana. One of his 
 last acts in this congress was to secure twenty thousand 
 dollars for building the marine hospital at Evansville. 
 This he did February 19, 1853. Judge Lockhart's first 
 congressional term ended with the thirty-second con- 
 gress. Smith Miller represented the districts in the 
 thirty-third congress which convened in March, 1853. 
 Smith Miller's home was at Patoka, in Gibson county. 
 He was a member of congress from the first Indiana dis- 
 trict from March 4, 1853, to March 3, 1857. He served 
 four years between the terms of Judge Lockhart, and 
 thus congress lost the future service of Judge Lockhart, 
 practically entirely. The Congressional Directory thus 
 speaks of Mr. Miller : 
 
 "Smith Miller, a representative from Indiana, born in North 
 Carolina May 30, 1804, moved to Patoka, Gibson County, Indiana; 
 received a limited schooling; engaged in farming; member of the 
 state house of representatives ; elected as a Democrat to the thirty- 
 third and thirty-fourth congresses (March 4, 1853, to March 3, 
 1857); died near Patoka, Indiana, March 21, 1872." 34 
 
 Smith Miller of Gibson county was a delegate to the 
 constitutional convention of 1850, and represented a dis- 
 
 34. Cong. Directory — Senate Documents, Vol. LVI, p. 864. 
 
2S JUDGE JAMES LOCKHART 
 
 trict composed of Gibson, Pike, and Dubois counties. He 
 served as a state representative from Gibson from 1835 
 to 1839, again in 1846. He also served as state senator 
 from Gibson county in 1841-44 and in 1847-50. He 
 served in the thirty-third and thirty-fourth sessions of 
 the American congress and was succeeded by the Hon. 
 James Lockhart, March 3, 1857, in the thirty-fifth con- 
 gress. In 1856, Judge Lockhart was elected the suc- 
 cessor to Smith Miller, in the thirty-fifth congress, but 
 Judge Lockhart died September 7, 1857, before he took 
 a very active part as a member of the thirty-fifth con- 
 gress, and while a candidate for election for the thirty- 
 sixth session. It seems there were two elections before 
 active work under the first election had began. Lock- 
 hart, the congressman-elect, was a candidate for re-elec- 
 tion with an undoubted chance for success, when he died, 
 about a month before the election. Judge Niblack who 
 was nominated to fill his place on the ticket was elected 
 and entered upon his duties December 7, 1857. Judge 
 Niblack was re-elected. 
 
 Judge Lockhart had returned to political power in 1856, 
 but illness soon called him to a world beyond. In 1856, 
 he was re-nominated to congress, and in 1857, re-nomi- 
 nated again. He was elected in 1856, but passed away 
 before election day in 1857. Judge Lockhart was known 
 as a man ready to march to the defense of the Democratic 
 principles, whether as a leader or as a private in the 
 ranks. Though defeated in the convention, in 1854, he 
 was first to lead the van of the party's struggle of that 
 fall, and although a private citizen, contributed largely 
 to the success of the party in 1854. 35 Judge Lockhart 
 
 35. Rockport Democrat, May 24, 1856. 
 
JUDGE JAMES LOCKHART 29 
 
 was nominated on the fifth ballot, Wednesday, June 18, 
 1856, at Petersburg. There were ninety-nine votes, and 
 on the fifth ballot the vote stood: Lockhart, seventy- 
 one; Hovey (then a Democrat), twenty; Niblack, eight. 
 The counties were Martin, Daviess, Knox, Gibson, Posey, 
 Vanderburgh, Warrick, Spencer, Dubois and Pike. 86 In 
 this convention, Dubois county voted nine votes for Lock- 
 hart, five times. 
 
 In 1856, and previous to that, it was customary for 
 candidates to traverse a district together, thus securing 
 perfect fairness, and giving the people an opportunity of 
 judging the men, side by side, each delivering his address, 
 taking his position and attacking his opponent's, in the 
 presence of the other. In 1856, the Hon. James C. 
 Veatch was Judge Lockhart's opponent for congress. In 
 1856, he wrote Judge Lockhart as follows : 
 
 "Evansville, July 26, 1856. 
 Judge Lockhart. 
 
 Dear Sir : Having accepted the nomination for congress in this 
 district, I desire to make such arrangements with you as may be 
 mutually agreeable for a discussion of the questions of the day. 
 
 Yours respectfully, 
 
 James C. Veatch." 
 
 Judge Lockhart replied as follows : 
 
 "Evansville, July 26, 1856. 
 J. D. Veatch, Esq. 
 
 Dear Sir: Your note of this day has just been handed me, 
 and in reply permit me to say that it will afford me great pleasure 
 to meet you in the discussion of the 'questions of the day', at such 
 times and places as may be mutually agreed upon, commencing on 
 
 36. Ibid. June 28, 1856. 
 
30 JUDGE JAMES LOCKHART 
 
 Monday, twenty-fifth day of August, which will afford us ample 
 time to visit every county in the district. 
 
 Respectfully, your obt. servt., 
 
 Jas. Lockhart." 
 
 Their trip started at Newburg, September 4, and closed 
 at Boonville, October 11, 1856. They were billed for 
 thirty-three meetings throughout the district. 
 
 A study of politics of 1856 brings to mind that there 
 is a familiar ring to the cards that usually appear a few- 
 days before a general election. Here is one that prob- 
 ably exposes an attempt to mislead voters and it reads 
 true to form : 
 
 "To the Democracy of the First Congressional District of Indiana : 
 The leaders of the Abolition party in this district have aban- 
 doned all hopes of carrying the election in the district by fair 
 means, are now, with the aid of a prostituted press which they 
 have established at Princeton since the commencement of the can- 
 vass, endeavoring to succeed by falsehood and distraction. Their 
 paper abounds in low flung personal abuse and false and malicious 
 charges and statements against me. I, therefore, issue this circular 
 to put the democracy of the district on their guard, and to say 
 to them that it is believed that between this and the day of elec- 
 tion, the district will be flooded with false, forged and counterfeit 
 affidavits and certificates, prefering all kinds of charges against 
 all Democratic candidates and myself, particularly. I, therefore, 
 caution the public against them and ask candid and fair men of 
 all parties to indignantly frown upon every effort which seeks to 
 carry the election by falsehood, fraud or violence. 
 
 Respectfully, your fellow-citizen, 
 
 James Lockhart." 
 Evansville, October 6, 1856. 
 
 The above card was directed at the work of the Prince- 
 ton Courier which was supporting Mr. Veatch for con- 
 
JUDGE JAMES LOCKHART 31 
 
 gress. In all this review due credit must be given to the 
 fact, no doubt, there were charges and counter-charges. 
 Here is another example of notices, in 1856: 
 
 "RALLY! DEMOCRATS, RALLY!! 
 
 We hope the Democrats of Spencer will rally out in their 
 
 strength on Monday at one o'clock p. m. to hear the speech of the 
 
 Hon. James Lockhart. The judge is a good speaker and will make 
 
 the Know-nothing abolition fur fly, so come out one and all." 37 
 
 In May, 1856, many voters in Dubois county, who were 
 not Democrats, were classified as the "KNOW-NOTH- 
 ING PROHIBITORY, SEARCH, SEIZURE and CON- 
 FISCATION ADVOCATES," by Democratic newspapers 
 of the Pocket. 38 
 
 In the campaign of 1856, Know-Nothingism was an 
 issue usually charged to the Fremont party, and the cam- 
 paign was an unusually ugly one. The foreign element 
 went with the Democratic party. The campaign was an 
 introduction to 1860. Judge Lockhart was elected to 
 congress in October, 1856, by a majority of 4,824. 
 
 Judge Lockhart was not a good story-teller in political 
 discussions, but he was strong in good, sound reason and 
 logic. James C. Veatch was considered a good story- 
 teller, and that ability was an asset in his political dis- 
 cussions. 
 
 In noticing the death of Judge Lockhart the Evansville 
 Journal, a Republican paper, of Tuesday, September 8, 
 1857, paid a fine tribute to Judge Lockhart. It is made 
 a part of this sketch and marked "EXHIBIT D." The 
 tribute of the Rockport Democrat is also in "EXHIBIT 
 
 D." 
 
 Upon Judge Lockhart's death a congressional conven- 
 
 37. Ibid. April 12, 1856. 
 
 38. Ibid. May 10, 1856. 
 
32 JUDGE JAMES LOCKHART 
 
 tion was held at Petersburg to place a man on the Demo- 
 cratic ticket for congress, for the approaching October 
 election. 
 
 Judge William E. Niblack was nominated September 
 30th, and elected October 13, 1857. At the convention 
 which nominated Judge Niblack the following resolution 
 was adopted: 
 
 "Resolved, That we express the deepest regret at the untimely 
 demise of our late talented leader, Hon. James Lockhart, and 
 recognize in his loss a vacuum not to be supplied on the domestic 
 hearth, in the social circle and in the ranks of the Democratic 
 party, and that we extend to the widow and friends of the de- 
 ceased our heartfelt condolement in this their great bereavement." 39 
 
 Judge Niblack was nominated at Petersburg for con- 
 gress. His vote was 98 ; Judge Law, 34. It took seven- 
 ty-three ballots. Judge Niblack was elected and started 
 for Washington, Monday, November 23, 1857. 
 
 When Judge Niblack was elected to congress, he re- 
 signed as judge, and Judge Smith succeeded him. In 
 1858, Judge Niblack was again nominated for congress. 
 This time the convention met at Princeton. The vote 
 stood Niblack 115 ; Judge Law, 4. Law's four votes came 
 from Warrick county. In this convention the leading 
 Democrats from Dubois county were Dr. E. Stephenson 
 and Stephen J. Jerger. The convention was held July 
 22, 1858. Niblack and Hovey canvassed the district to- 
 gether. Niblack was re-elected. 
 
 A Congressional Directory sketch of Judge Lockhart is 
 to be found in "EXHIBIT E." 
 
 While a member of congress, Judge Lockhart insisted 
 upon a square deal for the mid-west. In this he took 
 the same stand as did the Hon. George H. Promt, of 
 
 39. Ibid. October 10, 1857. 
 
JUDGE JAMES LOCKHART 33 
 
 Petersburg, ten years before. Judge Lockhart possessed 
 a judicial mind that sought the bare facts and the naked 
 truth in all cases before him. Judge Lockhart was an 
 important character in the first congressional district, 
 particularly so in Evansville. It is thought he left no 
 descendants, and thus his name is not among us. 
 It has been said that an 
 
 "analysis of the political history of Indiana reveals the fact that 
 the highest degree of statesmanship and quality of leadership de- 
 veloped between the years 1855-1885. A remarkably large number 
 of Indiana's sons came to the front during those years and acquired 
 both state and national prominence. Among them were a number 
 of high-grade men who would have done honor to any position to 
 which they might have been assigned." 40 
 
 It thus appears that Judge Lockhart's passing away 
 came all too soon. He was in his fifty-second year. 
 His early death is another reminder that pioneers did 
 things early in life, and passed beyond at an age when 
 some men now-a-days just begin to find themselves. 
 
 Judge Lockhart was a handsome man with an open, 
 clean-cut face, smooth and pleasing; high forehead, 
 heavy, dark hair, parted directly over his clear right eye, 
 with a heavy lock coming down in front of each ear. His 
 lips were not compressed and his mouth did not present 
 a straight line across his face, such as indicates a mind 
 closed to all future evidence or reason. In the style of 
 the day, he wore his hair long, almost down to the collar 
 of his coat, which was full, wide, and extensive. He 
 dressed in the regulation black, with pleated white shirt, 
 high, white collar and wide, black necktie, a medium be- 
 tween the kind worn by General Harrison in 1835, and 
 Abraham Lincoln in 1865. The white linen collar was 
 
 40. Indianapolis Star, February 18, 1921. John B. Stoll. 
 
34 JUDGE JAMES LOCKHART 
 
 unusually large, but not rigid. His clothes were made of 
 the dignified broadcloth, of the day as became his profes- 
 sion under the first constitution of Indiana. In all, his 
 appearance was one of a dignified, pleasing person, such 
 as one would enjoy to meet, cultivate and call a friend. 
 
 MISCELLANEOUS REFERENCES 
 
 Congressional Globe, Appendix to Volume LV, page 1041. 
 
 Rockport Democrat, April 12, 1856; May 24, 1856; June 28, 1856, 
 and October 10, 1857. 
 
 Indianapolis Journal, October 19, 1857. 
 
 Leavenworth Arena, May 2, 1839. 
 
 Evansville and Its Men of Mark, page 83. 
 
 Elliott's History of Evansville and Vanderburgh County, 1897, 
 pages 18, 69, 70, 131, 149 and 494. 
 
 Indiana Magazine of History, Volume XVII, Number II, page 168. 
 
 History of Vanderburgh County, page 341. 
 
 "Proceedings" or "Books of Debates". 
 
 Indiana Constitutional Convention, Volume I, pages 3, 131, 198, 
 217, 228, 254, 292, 336, 372, 437, 492, 495, 557, 559, 572, 622, 
 634, 659, 732, 735, 737, 800, 837, 862, 938, 950, 984, 985; 
 Volume II, pages 1031, 1036, 1103, 1183, 1196, 1318, 1337, 
 1342, 1360, 1368, 1377, 1381, 1399, 1404, 1405, 1431, 1458, 
 1546, 1586, 1589, 1787, 1840, 1856, 1878, 1896, 1899, 1903, 
 2030, (Resolution 217 and 254, (State Debt) 732, 735 and 737, 
 (Banks) 1557, 1588, 1592 and 1624, (Women) 1896 and 1899, 
 (Stockholders) 1878 and 2077. 
 
 History of Pike and Dubois, pages 309, 310, 311, 507 and 512. 
 
 Judicial Circuits, Acts of 1838 and 1839, Chapter II, page 8. 
 
 Judicial Circuits, Acts of 1841, pages 99 and 109. 
 
 Judicial Circuits, Acts of 1842, page 39. 
 
 Congressional Globe, Volume XXIV, Part I, page 224. 
 
 Congressional Globe, Volume XXIV, Part I, page 800. 
 
 Congressional Globe, Volume XXIV, Part II, page 898. 
 
 Congressional Globe, Volume XXIV, Part II, page 1004. 
 
 Congressional Globe, Volume XXIV, Part II, page 1171. 
 
 Congressional Globe, Volume XXIV, Part II, pages 1377, 1455, 1456, 
 1847, 1848, 1693 and 1694. 
 
 Congressional Globe, Volume XXIV, Part III, page 1889. 
 
JUDGE JAMES LOCKHART 35 
 
 PART II 
 
 The Following Quotations Are Added to Illuminate the 
 Preceding Sketch. 
 
 EXHIBIT "A" 
 
 GRAND JURY SYSTEM 
 
 Judge James Lockhart's speech on the Grand Jury- 
 System, delivered before the constitutional convention, 
 1850, at Indianapolis: 
 
 "There is, Sir, perhaps no question that has been or will be 
 submitted to the consideration of this convention of more im- 
 portance to the people of this state than the one now under 
 consideration. The question for decision is — shall the grand jury, 
 an institution which has prevailed for so long a series of years 
 in the country from which we have derived so large a portion of 
 our present laws and institutions and which has been so long 
 and so successfully in operation in this country, be abolished? 
 This, Sir, is an important, a grave question and one which demands 
 the serious consideration of this deliberate body. 
 
 "The gentleman from Tippecanoe, Sir, has taken a bold stand 
 in presenting as he has for the consideration of the convention, 
 a proposition which, if not entirely new, is measurably so here. 
 He proposes to change essentially the organic law of the state and 
 upon a point too, which has not attracted the attention of the 
 constitutional conventions in other states of the Confederacy. He 
 desires, Sir, to abolish the Grand Jury System and to substitute 
 in its stead public examinations before justices of the peace. In- 
 stead of having bodies of men chosen by the constituted authori- 
 ties of the state to examine into all violations of the penal statutes, 
 he proposes public examinations before magistrates. I say, Sir, 
 this is a bold proposition. As was remarked by the gentleman 
 from Switzerland (Mr. Kelso), there are in Marion County ten 
 townships and probably twenty-five justices of the peace. Should 
 the proposition of the gentleman from Tippecanoe prevail, the 
 duties that now devolve upon the Grand Jury would be transferred 
 
36 JUDGE JAMES LOCKHART 
 
 to these twenty-five justices of the peace. You then have twenty- 
 five petty courts in this county whose duty it would be publicly 
 to inquire into all violations of the penal code, the evidence to be 
 taken down by the respective magistrates and handed over to the 
 clerk of the circuit court, by him to be transferred to the prose- 
 cuting attorney and then, if in his judgment there should be evi- 
 dence enough to warrant a prosecution, he is to make out a proper 
 accusation and file it. This is the plan, as I understand it, pre- 
 sented by the gentleman from Tippecanoe. 
 
 "The gentleman from Laporte (Mr. Niles), suggests another 
 plan. He suggests that the five oldest magistrates of the county 
 be chosen to discharge the duties that now devolve upon grand 
 jurors, and that they shall hold open courts at stated periods for 
 the purpose of hearing criminal accusations, and if the evidence 
 be sufficient, recognize or commit the defendant to answer the 
 circuit court, taking down the evidence the same as proposed by 
 the gentleman from Tippecanoe and file it in the clerk's office 
 for the use of the prosecuting attorney; but he does not appear to 
 be satisfied that his plan will work, and if it does not I under- 
 stand him to be in favor of retaining the present Grand Jury 
 System. Indeed, after listening to his interesting and able argu- 
 ment, I came to the conclusion that he was in doubt himself what 
 would be the best system — and to reduce his argument to a syl- 
 logistic form it amounted to this, that he was in favor of abolishing 
 the Grand Jury if a better system could be devised; if not he 
 was in favor of retaining it. 
 
 "Mr. L. : The gentleman from Tippecanoe says 
 
 that we do not keep up with the spirit of the age in maintaining 
 the Grand Jury System, that it is an attribute of kingly power, 
 and that it retards rather than advances the interests of society. 
 I do not admit that Grand Juries were instituted as auxiliaries to 
 the crown, but assert that they were instituted to protect the citizen 
 against malicious prosecutions. 
 
 "Allusion has been made to the court of the Star Chamber 
 by the gentleman from Tippecanoe, by way of illustrating tne 
 position he maintained in regard to the abolition of the Grand 
 Jury System. Now, Sir, I would ask the gentleman whether, if his 
 proposition prevails, we will not be brought back to that period 
 in English history, at which the court of the Star Chamber com- 
 
JUDGE JAMES LOCKHART 37 
 
 menced its usurpation of power; whether, if we abolish the Grand 
 Jury System and substitute the one he has proposed, it will not 
 bring us back to the commencement of the reign of Henry VII. 
 Previous to that period Grand Juries were organized and used 
 for the purpose of presenting accusations against criminals for 
 persecutions. 
 
 "The earliest history we have of that institution is that it 
 was first introduced among the Saxons, but at what particular 
 period it was adopted it is uncertain. Long before the court of the 
 Star Chamber came into power and during the reign of Henry 
 III, Grand Juries were in existence, and if my reading is correct 
 they were instituted for the protection of the subject, and not to 
 enable the king to carry out his tyrannical purposes. It is true 
 the Grand Jury was virtually abolished by the enlarged jurisdic- 
 tion assumed by the court of the Star Chamber, during the reign 
 of Henry VII, to enable the crown to carry on its malicious prose- 
 cutions, will not the magistrates' courts, with their public exam- 
 inations, be Star Chamber courts in miniature substituting only 
 the prosecuting attorney for the king? 
 
 "The gentleman from Tippecanoe did not, when speaking 
 of English jurisprudence, allude to that period in English history 
 commencing with the reign of Henry VII and terminating with 
 that of Charles I, a period of a hundred years during which the 
 court of the Star Chamber triumphed in the overthrow of the 
 Grand Jury System. He did not refer to the time when Henry 
 and his successors took their seat on the bench and became a 
 component part of the court, to carry out their own behests in 
 violation of law and the rights of the subject. This system of 
 administering the laws of England, prevailed for more than a 
 century, and where was the right of the citizen during that time? 
 This was the period so lightly passed over by the gentleman from 
 Tippecanoe. The wrongs the people of England experienced dur- 
 ing that period, called so loudly for redress that during the reign 
 of Charles I the government was compelled to come back to the 
 Grand Jury System. From that period to the present this system 
 has been in use, both in England and America; every state in this 
 Confederacy having incorporated it in their system of jurisprudence 
 and now in the middle of the nineteenth century we are told that 
 to retain it is behind the spirit of the age, I do not believe it. 
 
 4-80673 
 
38 JUDGE JAMES LOCKHART 
 
 "While the gentleman from Tippecanoe and the gentleman 
 from Laporte are both strenuous in favor of the abolition of the 
 Grand Jury System, they are equally anxious, they say, to afford 
 to the accused an impartial trial by jury. How, Sir, I would in- 
 quire, if this resolution should be adopted and the Grand Jury 
 System abolished are you to increase the chances for fair and 
 impartial trials? There would exist the same objections to making 
 public examinations before a single magistrate, as proposed by 
 the gentleman from Tippecanoe, or three, four or five magistrates 
 as proposed by the gentleman from Laporte, that there would be 
 to public examinations before Grand Juries. The gentlemen who 
 advocate the abolition of the Grand Jury System, admit that 
 public examination before Grand Juries would never answer; my 
 opinion is that they would answer in one place as well as the 
 other. 
 
 "Public examination must inevitably tend to lessen the chances 
 for a fair trial before a traverse jury. Suppose the public mind 
 becomes inflamed in regard to some particular criminal, how can 
 he rely upon having a fair and impartial jury when all the evi- 
 dence for and against him is known? But preserve the secrecy 
 of the Grand Jury, let his case be examined there, keep the evi- 
 dence from the public, and you increase his chances for a fair 
 and impartial trial. How frequently is it now, that in counties 
 where there have been certain violations of the penal law, that 
 the public mind becomes exasperated and inflamed against the 
 accused, so much so that a great number of applications are 
 made for a change of venue, how much more frequent would these 
 applications be if all examinations were public. And, Sir, three- 
 fourths of these applications are brought about by the public 
 investigation which we must necessarily have before committing 
 magistrates, and at coroners' inquests. When any great crime 
 has been committed, the whole community flocks to hear the trial, 
 and the prisoner knowing that fact— knowing that the public mind 
 is prejudiced against him, from having heard the examination, 
 pleads for a change of venue. The court cannot fail to see that 
 there is some ground for apprehensions entertained by the pris- 
 oner, and if not compelled by an imperative mandate of the law, 
 would, from a sense of justice, feel bound to grant the prayer of 
 the accused, the prisoner is transferred for trial, to another juris- 
 
JUDGE JAMES LOCKHART 39 
 
 diction, where there are men whose minds have not been warped 
 or prejudiced against him, where there are men who are entirely 
 ignorant of the transaction, who can be placed on the panel, hear 
 the evidence and pronounce an impartial and just verdict. In my 
 judgment, Sir, nothing can be clearer than that, if public examina- 
 tions are instituted, application on application will be made for 
 changes of venue, because of the difficulty in getting fair and im- 
 partial juries. I would say here, Sir, that I am not in favor of 
 having all offenses punished by indictment. I have long since 
 arrived at the conclusion that our legislation ought to be different 
 on that subject, and that a large number of misdemeanors now 
 punishable by indictment, might be tried before justices of the 
 peace, reserving of course the right of appeal. I think that in this 
 particular, the Grand Jury System may be modified, without in- 
 fringing the rights of the citizen, but I am utterly opposed to its 
 entire abolition, considering, as I do, that no substitute can be 
 found. And, Sir, before I would vote to abolish the Grand Jury, 
 and place it in the power of one man to hear the evidence, take it 
 down as he understands it, and then give the prosecuting attorney 
 the power, from that evidence, to prepare an indictment and bring 
 a citizen to trial — I say, Sir, before I could vote for such a propo- 
 sition as this, a radical change must be wrought in my mind, I 
 would, Sir, with my present impression as soon think of voting 
 for the celebrated French declaration that there was no Sabbath 
 and that death was an eternal sleep. I prefer rather to vest that 
 power in the hands of eighteen Grand Jurors — men not versed in 
 law and fresh from the masses of the people. Keep your prosecut- 
 ing attorney out of the Grand Jury room, except when invited there 
 as the legal adviser of the jury, so that he may exert no undue 
 influence over them. Leave them to act free from dictation or any 
 extraneous influence, and they will invariably do right. During 
 my brief career at the bar I have prosecuted for the state and can 
 bear testimony to the high .and honorable bearing of citizens who 
 usually compose Grand Juries. Let them receive the charge of 
 the court, examine the statute law of the state, hear the evidence 
 of the witnesses, and leave them unfettered by the admonitions of 
 the prosecuting attorney, and, my word for it, ninety-nine out of 
 a hundred of their decisions will prove correct. Malicious prose- 
 cutions to be sure, may sometimes be preferred, but abolish the 
 
40 JUDGE JAMES LOCKHART 
 
 Grand Jury System and there will be ninety-nine malicious prose- 
 cutions preferred by the prosecuting attorney and his petty magis- 
 trates to one made by the Grand Jury. 
 
 "I repeat again, Sir, that there is no question in which the 
 people are more deeply interested than in that of a fair and im- 
 partial administration of the criminal law of the state. It is due 
 to our citizens and the state that such a system of jurisprudence 
 should be adopted by this convention, as will not only guarantee 
 the rights of citizens, but will at the same time secure to the state 
 her full rights, and enable us under all circumstances, without 
 unnecessary delay, to punish those who violate our penal laws. 
 Can we do this, Sir, by abolishing the present Grand Jury System, 
 and substituting public examinations before justices of the peace 
 in its place? I think not. I am of opinion that no institution 
 or system can be devised so perfectly well adapted to secure the 
 rights of citizens and of the states as that of the Grand Jury. 
 I predict, Sir, that if the principles contained in this resolution 
 are adopted and embodied in the new constitution that at the ex- 
 piration of five years there will be found a large majority of the 
 people of this state in favor of coming back to the Grand Jury. It 
 will be found that the expense of prosecuting before magistrates 
 will far exceed the expense of the Grand Jury System. The expense, 
 however, is not what I look at. The question is, is this institution 
 an important element in the perpetuity of our free institutions? 
 If it is it matters not what it costs. The question is not one of 
 dollars and cents, but is it the best system for effecting the pur- 
 pose designed in its organization?" 
 
 Proceedings, Volume I, pages 200 and 202. 
 
JUDGE JAMES LOCKHART 41 
 
 EXHIBIT "B" 
 
 BANKING 
 
 Remarks in part, of Judge James Lockhart, on BANK- 
 ING, delivered in the constitutional convention, January 
 7, 1851: 
 
 "There was, perhaps, no period in the history of the Western 
 country so favorable to the assembling of a convention to lay down 
 the fundamental laws of a free state, as the period at which the 
 convention of 1816 assembled. It was immediately after the close 
 of the late war with Great Britain that the delegates of the 
 Indiana Territory assembled in convention at Corydon to form 
 our present constitution. It was a period when universal bank- 
 ruptcy prevailed throughout the land — when business of every kind 
 was prostrated; at a period when we had but little or no commerce 
 upon which to levy import duties, or to replenish an exhausted, a 
 bankrupt national treasury. It was at that gloomy period in the 
 financial history of the United States, that our constitution was 
 formed, and it will not be saying too much for the delegates of the 
 convention that they formed a better constitution for Indiana, than 
 any then known to our political history. It was the first constitu- 
 tion, I believe, of any state in which the elective franchise was de- 
 clared open and free to every citizen. It was at that day a model 
 constitution; since then many of the older states have assembled 
 in convention to alter, revise and amend their organic laws; the 
 bright example set forth by Indiana in placing all her citizens upon 
 the same broad political platform, by most of them, was deemed 
 worthy of imitation. Indiana was the first state of the Union 
 that declared in her constitution that there should be no bank 
 or banking institution established in the state unless it should be 
 a state bank and branches, in which, by implication at least the 
 state was to be a stockholder, and that individual stock to a certain 
 amount should be subscribed and paid in, in specie, before the bank 
 could commence operations. The farmers of the constitution had 
 seen the evils incident to independent or free banking. They had 
 seen the entire banking system of Kentucky go by the board. They 
 had seen bank after bank in other states go bankrupt. They 
 
42 JUDGE JAMES LOCKHART 
 
 had seen the country flooded with the paper of broken banks, not 
 worth a cent on the dollar. They had known the farmer, the 
 mechanic and the laboring man to receive in exchange for his prod- 
 uce, his wares or his labor, that which was supposed to be money, 
 and that which passed for money in the evening which on the fol- 
 lowing day was of little value as so much blank paper. They had 
 been eye witnesses to the (enormous) monstrous frauds which had 
 been practiced by these "shin-plaster machines," upon the honest, 
 unsuspecting citizens. To remedy those evils they placed the pro- 
 vision in the constitution to which I have alluded, and but for 
 that wise and wholesome provision, I have no doubt but that 
 Indiana would have been this day overrun with rotten, with worth- 
 less banks, the same as many of our sister states have been 
 and now are. As Indianians we may feel proud of the conven- 
 tion of 1816; if our labors shall close with the production of a 
 constitution as far in advance of other states now, as was the 
 constitution of 1816 then, we may congratulate ourselves with 
 having discharged the high and important duties assigned us, 
 to the satisfaction of those who sent us here. Under that con- 
 stitution Indiana took her place in our glorious sisterhood of 
 states with a population barely sufficient for admission; but how 
 does the account stand today? In the brief period of thirty-four 
 years our population has increased from sixty thousand to a 
 million. How rapid the change! How amazing the advancement! 
 Up to 1834 we progressed slowly but steadily. In that year the 
 legislature incorporated the present state bank. From that period 
 a brighter day dawned for Indiana. From that time to the present, 
 our growth and improvements have been extremely rapid. Since 
 the organization of the state bank as imperfect and monopolizing 
 as it is, and the overthrow of the bank of the United States, every 
 interest throughout the state has prospered and improved, without 
 a parallel in the progress of states. Since then our population 
 has rapdily increased; nearly doubled, perhaps more than doubled. 
 "It must be admitted by every gentleman upon this floor that 
 the state bank has done much towards producing the rapid changes 
 to which I have alluded. It has enabled produce dealers and com- 
 mercial men to purchase for cash and at fair prices, the rich pro- 
 ductions of the soil. It has furnished means to the farmer, by 
 which to enable him to add to his possessions and the number of 
 
JUDGE JAMES LOCKHART 43 
 
 his fields, by increasing the value of his produce. No one, I think, 
 will deny this. If he does, let me refer him to the ten years 
 immediately preceding the establishment of the bank, and ask 
 him, to contrast that period with the ten years next succeeding 
 its establishment. By so doing, he will find that the products of 
 the farm brought at least fifty per cent more on the average an- 
 nually, after its incorporation than before. 
 
 "I have now briefly alluded to some of the benefits which I 
 think the community at large has derived from the institution of 
 the state bank. That the bank has been productive of some evil, 
 as well as much good, no one acquainted with its operations, will 
 pretend to deny. But that the benefits which the community at 
 large have derived from it, are infinitely (was) superior to the 
 evils which it has entailed, but few, I apprehend will dispute. With 
 a knowledge of these facts before us, can we, in the present finan- 
 cial history of the country, as prudent and consistent men, with- 
 draw this institution, and substitute in its place free banks? Shall 
 we destroy an institution which from its commencement, has fur- 
 nished us with a safe and sound paper circulation, a circulation in 
 which our entire population has confidence? 
 
 "I call upon delegates to pause and reflect before they do it — 
 to be well advised before they transplant to our soil the New 
 York or Michigan system of free banking. Banking I have always 
 regarded as an evil, but an evil which for the present we must 
 tolerate. The interests of the people demand it. We are an agri- 
 cultural people; our farms and plantations are every year being 
 enlarged, and an increased amount of territory brought within 
 the bounds of cultivation. As an evidence of our rapid increase 
 in agricultural productions, it is only necessary to refer to the 
 well-attested fact, that more produce passes through the Wabash 
 and White rivers, in the course of a year, than twenty-five years 
 ago passed down the Ohio in the same time. This rapid increase 
 in the productions of the soil, is not limited to Indiana. The entire 
 west is becoming one vast garden. Our lakes and rivers, which 
 but a few years ago were our main thoroughfares to market are 
 now inadequate to our marts. A canal passing from the north- 
 eastern corner to the southwestern angle of the state, is nearly 
 completed. To this, railroads and plank roads are being added in 
 almost every direction. All of which are needed to bear off the 
 
44 JUDGE JAMES LOCKHART 
 
 rich production of the soil. To sustain these interests, is the plain 
 duty of every citizen. Can it be done by limiting the circulation 
 to gold and silver? Those best acquainted with the financial affairs 
 of the country, say no. They insist that our currency, with all 
 the aids we receive from banks, is inadequate to our wants. With- 
 draw from the circulation the $125,000,000 of bank paper now in 
 circulation and put in circulation the $51,000,000 of specie in the 
 vaults of the banks, and you will withdraw from circulation $74,- 
 000,000 of currency; a result which no friend to commerce or the 
 interests of the agricultural portion of our people would desire. 
 Yet to annihilate banks would produce this very result. Hence 
 the cry for banks. The people in the portion of the state from 
 which I come, are generally in favor of a state bank and branches. 
 In the northern and central portions the cry is "free banks." For 
 myself, I can say, that if I must choose between the two systems, 
 I am decidedly in favor of the state bank system. My great 
 anxiety is, that if we tolerate banks at all, that we should have 
 none but sound solvent specie-paying banks, and if we cannot have 
 such, let us have none. The state bank approximates as near to 
 this standard as any banking institution well can. Will free banks 
 do as well? This inquiry can only be answered by comparison, 
 as we have no practical experience in free banking." 
 
 (See Proceedings of the Convention, Volume II, page 
 1557.) 
 
 EXHIBIT "C" 
 
 INTERNAL IMPROVEMENTS 
 
 Speech of Judge James Lockhart on River and Harbor 
 Bill, July 22, 1852 : 
 
 Among other things, Judge Lockhart said: 
 
 "In that provision of the bill which appropriates money for 
 the improvement of the Ohio and Mississippi rivers, the people of 
 the district which I have the honor of representing are deeply 
 interested. That district extends from the mouth of the Wabash 
 River to within eight miles of the Falls of the Ohio, a distance 
 
JUDGE JAMES LOCKHART 45 
 
 of about two hundred and fifty miles. Fronting this district 
 most of the obstructions in the lower Ohio are to be found. My 
 constituents, then, are deeply interested in every movement made 
 for the improvement of the navigation of that noble river. 
 
 "I, Sir, would prove recreant to duty and the best interests 
 of my' constituents were I to omit to urge the importance of 
 these improvements upon the attention of congress, and to ask 
 its favorable action upon them. The waters which descend the 
 western slope of the Alleganies and drain the great basin of the 
 Mississippi Valley, in their meandering course to the ocean, wash 
 the shores of thirteen of the finest states of this Confederacy. 
 Upon the bosom of the noble rivers of the West, the rich agri- 
 cultural productions of these vast regions are borne to market, 
 and millions of our fellow-citizens, in their passage from one sec- 
 tion of the republic to another, annually travel. 
 
 "Before proceeding to give my views upon the merits of the 
 bill now before the committee, it is perhaps proper that I should 
 say that I belong to the class of politicians who believe in a strict 
 and rigid adherence to the principles of the constitution. 
 
 "I maintain that the states are independent powers, and 
 possess absolute sovereignty, which carries with it an undoubted 
 right to legislate upon all questions unless restrained by local con- 
 stitutional law or the Federal Constitution, and that congress pos- 
 sesses no power to legislate upon any subject unless that power 
 is expressly delegated to it by the constitution, or necessarily im- 
 plied to enable the expressly delegated powers to be executed. To 
 travel beyond this point in looking for authority for our action, we 
 are trespassing upon the reserved rights of the states and the 
 people. This is what I understand to be a states-rights Democratic 
 doctrine. Professing to be guided by these views, I can vote for 
 most of the appropriations contained in this bill. I am aware, Sir, 
 that upon this subject there are differences of opinion between 
 members of the same great political family, and it is probably 
 fortunate for the country that it is so. If we were all of one mind, 
 and in power, by taking one direction, profligacy and extrava- 
 gance might mark our course; if the other, the wants, interests and 
 rights of the people might be neglected and disregarded. These 
 different and conflicting views, while they restrain and control 
 extravagance and waste, will insist upon a just and liberal policy 
 
46 JUDGE JAMES LOCKHART 
 
 which will impose no unnecessary or unjust burdens or restrictions 
 upon any class of our fellow-citizens, but on the contrary afford 
 just and equal protection and facilities to all. I, Sir, agree with 
 neither of these extremes; there is a medium, a just and prudent 
 course, which I think, with all due deference to the opinions of 
 others, ought to be pursued. 
 
 "This course was dearly and distinctly laid down by General 
 Jackson, one of our ablest and most patriotic presidents. That 
 doctrine is so clear and explicit, that he who reads can understand 
 it. It received a universal approval from the American people 
 at the time of its promulgation. It was then regarded as a Demo- 
 cratic doctrine, and those who rightly understand the doctrine of 
 the Democratic party, I apprehend, will regard the teachings of 
 Jackson as Democratic now. While he was very clear and explicit 
 against all improvements of a local character, he was equally 
 clear and explicit in favor of judicious appropriations for the 
 improvement of our great navigable rivers. * * * 
 
 "Here, Sir, you have the views of the sage of the Hermitage, 
 a man whose memory will be revered, and whose name will be 
 handed down to posterity as one of the ablest expounders of con- 
 stitutional law, of this or any other age. Few men of any age 
 have possessed more of those controlling qualities which combine 
 to make the great man than did Andrew Jackson. By the lights 
 of his counsel, I profess to be guided. By the standard which 
 he erected, I am willing that my political faith shall be tested. 
 
 "But, Sir, General Jackson was not the only Democratic presi- 
 dent who favored improvements of the character I advocate, they 
 have received the countenance and support of Washington, Jeffer- 
 son, Madison and Monroe. Does any one doubt it? I will give him 
 incontestable proof. Washington, during his administration, ap- 
 proved some twenty bills, making specific appropriations for the 
 erection and support of light-houses, and at least one for the 
 support, maintenance and repairs of 'beacons, buoys and public 
 piers, erected, placed or sunk within any bay, inlet, harbor or 
 point of the United States'." etc. * * * 
 
 In this manner Judge Lockhart entered upon his speech 
 asking for an appropriation to improve the Ohio and the 
 Mississippi rivers, etc. 
 
 
JUDGE JAMES LOCKHART 47 
 
 (Appendix, Volume XXV, Page 863, Congressional 
 Globe.) 
 
 In this connection it is well to state that the eastern 
 states, or states east of the mountains, were not very fa- 
 vorable to the development of the Mississippi valley. 
 
 EXHIBIT "D" 
 
 NEWSPAPER TRIBUTES 
 
 The Evansville Journal's tribute to Judge James Lock- 
 hart: 
 
 "It is with grief and sadness that we announce the death of 
 our townsman Judge James Lockhart, member of congress elect 
 from this district. He died on Monday morning, the seventh inst., 
 at three o'clock. He has been lingering for months, with the fatal 
 disease of an ulcerated stomach, daily and visibly declining to the 
 grave, which he approached with calmness, fortitude and hope, and 
 has at last entered its gates, and they have closed over him for- 
 ever, and shut from the eyes of those who have for the period 
 of a generation seen him an active and conspicuous member of 
 our community. 
 
 "In his grave lie buried all political animosities and personal 
 envies, and we recall at this sad hour only the virtues, the good 
 deeds, and the noble traits of the deceased, and in reflecting upon 
 these, we can join in sympathy with his bereaved friends, and 
 shed tears of grief and sorrow over his departure. 
 
 "It is sad to number the long train of old and worthy citizens 
 who are daily passing from us to the tomb. Those who can re- 
 call the members of the old bar, as they traveled with the court 
 twenty years ago, around the long circuit, a band of men, made 
 athletic in body by travel and exposure, and ready and vigorous 
 mentally by constant intellectual conflicts— generous and frank by 
 mutual confidence and respect — are saddened by the reflection how 
 few of them remain, lingering upon the earthly side of the grave. 
 Judge Lockhart has for more than twenty-five years, been a con- 
 spicuous associate of them, and has been known to almost every 
 
48 JUDGE JAMES LOCKHART 
 
 man living within the old first congressional district of Indiana; 
 and few there are among the whole population, who will not — for- 
 getting all former political prejudices — feel sadness and grief at 
 his death. He became a resident of this city in 1832, then a mere 
 village — and has been a participant, in its fortunes — a promoter 
 of its growth and prosperity — manifesting a lively interest in its 
 advancement up to the day of his exit. 
 
 "He was born in Auburn, State of New York, in the year 
 1806, and was therefore in the fifty-second year of his age. He 
 began the practice of law here in 1833, and soon became a popular 
 and influential advocate — and in 1841 he was elected prosecuting 
 attorney for this judicial district, by a legislature, a majority of 
 whose members were opposed to him in political sentiments. In 
 1843 he was re-elected to the same office. In 1845 he was ap- 
 pointed judge of this circuit for a term of seven years, which 
 position he held until September, 1851, when he resigned it to 
 take his seat in congress. His first election to congress was in 
 October, 1850. At the election of 1852 he gave way to the preten- 
 sions of Col. Smith Miller. At the last October election (1856) 
 he was again elected to congress, carrying the district, after a 
 very warm contest, by a majority of nearly five thousand votes. 
 
 "Though his friends have long feared he would never fill his 
 seat in the House, yet he has been maturing plans for the accom- 
 plishment of various public objects, for the benefit of his district, 
 and promised himself the honor and gratification of achieving them. 
 But his labors are ended and those who have known him so long 
 amid the busy scenes around us, 'will know him no more forever'. 
 There is a void in the community, that will long be felt in the 
 social circle — at the domestic hearth — in the forum — and in the 
 political arena. He has ever been the leader of his party in the 
 'Pocket'." 
 
 (Page 2, column 2, the Rockport Weekly Democrat, 
 Saturday, September 12, 1857; copied from the Evans- 
 ville Journal of September 8, 1857.) 
 
JUDGE JAMES LOCKHART 49 
 
 Rockport Democrat's tribute: 
 
 In the Rockport Democrat, of August 22, 1857, the fol- 
 lowing appears : 
 
 "Hon. James Lockhart. We are pained to learn, from private 
 dispatches from Evansville, that the Hon. James Lockhart, M. C. 
 elect from this district is rapidly sinking under that fell destroyer 
 of the human race, consumption, and that in all probability he will 
 be unable to take his seat in the next congress. Every Democrat 
 in southern Indiana will very seriously regret this, as the im- 
 portance of the question just now agitating the country demands 
 the counsels and firm support of just such reliable men as the Hon. 
 James Lockhart. This district especially will feel the loss of the 
 ripe experience and unwearied devotions to her interests of the 
 honorable member elect. We still indulge the hope that he may 
 recover his health, and be permitted to take his proper position in 
 the thirty-sixth congress." 
 
 After Judge Lockhart's death this tribute appeared : 
 
 "We learn with regret that the Hon. James Lockhart is dead. 
 He died Monday morning at his residence in Evansville. He had 
 been ill for a long time, and his death, from the nature of the dis- 
 ease was anticipated. The judge had many warm and devoted 
 friends throughout the first congressional district, who will really 
 and sincerely regret his departure hence. On the other hand, he 
 had many bitter political enemies, who will doubtless rejoice at 
 his demise. The judge was a terror to the opponents of Democracy. 
 His principles and his party received the constant support of his 
 warm and generous heart, and his death will leave a vacancy in 
 the ranks of the Democratic party that will be hard to fill." 
 
 (The Rockport Democrat, September 12, 1857.) 
 
50 JUDGE JAMES LOCKHART 
 
 EXHIBIT "E" 
 
 CONGRESSIONAL SKETCH OF JUDGE JAMES 
 LOCKHART 
 
 "James Lockhart, a representative from Indiana; born in 
 Auburn, New York, February 13, 1806 ; moved to Indiana in 1832 ; 
 studied law, was admitted to the bar and commenced practice in 
 Evansville, Indiana, in 1834; prosecuting attorney of Vanderburgh 
 county, 1841-1842; judge of the fourth judicial district, 1845-1851; 
 delegate in the state constitutional convention of 1850; elected as a 
 Democrat to the thirty-second congress (March 4, 1851-March 3, 
 1853) ; re-elected to the thirty-fifth congress, but died before the 
 assembling of the congress, in Evansville, Indiana, September 7, 
 1857." 
 
 (Congressional Directory, Senate Documents, Volume 
 LVI, page 814.) 
 
 Mrs. Agnes Lockhart Twineham of Princeton, who was 
 a niece of Judge James Lockhart, kindly furnished the 
 following clippings from the newspapers of the period 
 indicated : 
 
 EXHIBIT "F" 
 
 The following is taken from the Evansville Daily En- 
 quirer: 
 
 "At a meeting of the members of the bar of Vanderburgh 
 County, in the court room, September 8, 1857, during the session 
 of the court of Common Pleas, to show respect to the memory of 
 the Hon. James Lockhart, deceased; James G. Jones, Esq., was 
 called to the chair, and Edmund B. Seymour, Esq., was appointed 
 secretary. 
 
 "On motion, a committee consisting of Conrad Baker, Asa 
 Iglehart and Charles Denby, Esqs., was appointed to draft suitable 
 resolutions. The committee presented the following, which were 
 unanimously adopted: 
 
JUDGE JAMES LOCKHART 51 
 
 "Resolved, That we lament with deep regret the death of Hon. 
 James Lockhart, late a member of this bar, and that we sympathise 
 with his bereaved family in their affliction. 
 
 "Resolved, That having known the deceased by an intimate 
 professional and social intercourse for many years, we render will- 
 ing testimony to his purity and ability as a judge; to his high at- 
 tainments as a practitioner of the law, and to his work as a man. 
 
 "Resolved, That as a mark of respect to the memory of the 
 deceased, this court be requested to adjourn until tomorrow morning 
 at nine o'clock; the members of the bar and the officers of the court 
 attend the funeral in a body, and that we wear crape on the left 
 arm for thirty days. 
 
 "Resolved, That these resolutions be spread on the records of 
 this court, and that they be published in the newspapers of this 
 city, and that the newspapers of this judicial circuit be requested 
 to copy the same, and that a copy of proceedings of this meeting 
 be handed to the widow of the deceased by the chairman. 
 
 J AS. G. JONES, Chairman. 
 EDMUND B. SEYMOUR, Secretary." 
 
 EXHIBIT "G" 
 
 The following legal notice appeared in an Evansville 
 paper, October 8, 1857, for three weeks : 
 
 ADMINISTRATRIX'S 
 
 NOTICE 
 
 Notice is hereby given that the undersigned 
 has been appointed administratrix, with the will 
 annexed of the estate of James Lockhart, late of 
 Vanderburgh County, deceased. Said estate is 
 supposed to be solvent. 
 
 SARAH C. 
 
 LOCKHART, 
 
 Administratrix with the will annexed. 
 
 (October 8— 3w) 
 
 
52 JUDGE JAMES LOCKHART 
 
 EXHIBIT "H" 
 
 In the Evansville Daily Enquirer (John B. Hall, edi- 
 tor) , of Tuesday, September 8, 1857, appears the follow- 
 ing OBITUARY : 
 
 "HON. JAMES LOCKHART 
 
 "When a public man passes away from among scenes with 
 which he has long been identified, and persons with whom he has 
 long been connected, it is meet that a tribute should be rendered 
 to his memory. When all that is mortal of him is consigned to its 
 elemental dust, all feelings except those of regret and kind re- 
 membrance take their flight. The loss of a patriot and statesman 
 is not confined to the narrow limits of his own immediate neigh- 
 borhood, but in its far reaching ramifications is a public calamity. 
 And now when our beloved country is just feeling the lull suc- 
 ceeding a great political crisis it is more than ever to be regretted 
 when true and brave hearts fall from their posts in the ship of 
 state, when it is so necessary that by their wise and prudent coun- 
 sels the waves of the political ocean may be softened from what 
 may be only a rigidly deceitful calm to an abiding stillness. 
 
 "James Lockhart is dead; and while we sincerely lament his 
 loss as a tried personal friend, we cannot banish from our mind 
 the great grief, that one of the noblest and most unflinching of the 
 champions of democracy has left his post of command. Judge Lock- 
 hart was born on the thirteenth day of February, 1806, in the 
 village of Auburn, Cayuga County, New York. In the fall of the 
 year 1832 he removed to Evansville, where he has ever since con- 
 tinued to reside. In 1833 he commenced the study of the law and 
 was admitted to practice in 1834 and cast his lot here and has 
 ever since continued, by his counsels and exertions, to contribute 
 to our present state of municipal prosperity. We have often heard 
 him tell of the paucity of democrats on his first arrival here. But 
 by his earnest and unremitted zeal and activity in the cause he 
 has had the satisfaction of seeing the party of his faith going on 
 from small to great, and spreading its branches from those, weak 
 as the shoot from a mustard seed, until it has became the great 
 tree in which the weary winged wanderer of political prejudice 
 and monarchial oppression may be at rest. 
 
JUDGE JAMES LOCKHART 53 
 
 "In the year 1841 Judge Lockhart was elected by the legis- 
 lature of Indiana, prosecuting attorney for the fourth judicial cir- 
 cuit for the term of two years. Discharging the duties of his 
 office with ability and faithfulness, he was again elected by the 
 same body to the same office in the year 1843. During his travels 
 through the district in his official capacity, he embraced every 
 opportunity to disseminate the great principles of his political 
 faith, and had the satisfaction of beholding and reaping the fruits 
 of his exertions. On the fourth day of December he was elected 
 by the General Assembly of this state to the office of judge for 
 the judicial circuit in which he had so ably filled the prosecuting 
 attorneyship. Receiving his commission from Governor James 
 Whitcomb on the twenty-first January, 1846, he continued in the 
 discharge of the duties of his office until the twenty-first day of 
 September, 1851, when the resignation of judgeship tendered by 
 him was accepted. 
 
 "In the fall of 1850 he was elected a member of the constitu- 
 tional convention of this state, and was active in his exertions 
 to improve the charter of our state liberties. 
 
 "The democracy of the first congressional district, when in the 
 fall of the year 1850 they wished to elect a candidate to repre- 
 sent them in the halls of our national congress, chose Judge Lock- 
 hart as their standard bearer. He was triumphantly returned, 
 and took his seat, which he filled with distinguished ability. After 
 the expiration of his congressional term he resumed the practice 
 of his profession, and in 1853, was appointed by President Pierce, 
 as superintendent of the construction of the Marine Hospital in 
 this city. When the know-nothing party first sprung up, Judge 
 Lockhart was among the first to oppose and combat its pernicious 
 principles. He took every opportunity to denounce the members 
 of the secret organization and their aims, as opposed to the con- 
 stitution of the United States and contrary to the spirit of our 
 political institutions. The wrath of the members of the order was 
 leveled at his head; threats were made against him; personal 
 friendships were alienated; his professional practice was injured, 
 but conscious of the rectitude of his purpose and firm in his 
 patriotism, he never turned back or wavered in his hostility. In 
 public discussion and private conversation he was the same devoted 
 
 5—80673 
 
54 JUDGE JAMES LOCKHART 
 
 opponent of the attempts of the know-nothing party to subvert the 
 great charter of our liberties. 
 
 "During the most fearful political contest which ever racked 
 our republic, Judge Lockhart was again chosen as the congressional 
 standard bearer of the democracy of the first congressional dis- 
 trict. Entering into the canvass with vigor and alacrity, not- 
 withstanding his failing health, he carried terror into the ranks 
 of the opposition by his trenchant arguments, and enjoyed the 
 satisfaction of being returned to congress by nearly five thousand 
 majority over his black republican competitor, Veatch. The efforts 
 he necessarily made and the fatigue he was compelled to undergo 
 during his canvass, completely destroyed his impaired strength, 
 and as one with his mission complete, as far as human strength 
 could make it, he has gone to his final rest. The destroying angel 
 had no terrors for him. Calmly and peacefully he passed away. 
 With his mind strong and unimpaired until the last, he gave direc- 
 tions concerning his affairs and spoke words of peace to those 
 surrounding his bedside. Well might he have exclaimed 'Non 
 omnis moriar', for a great part of him will still live in his deeds, 
 and in the hearts of the democracy. Even those who differed with 
 him in political sentiments, will mourn his loss as a citizen or a 
 personal friend, while we of the democratic party must mourn him 
 as a champion not easily replaced." 
 
 EXHIBIT "I" 
 
 The following beautiful TRIBUTE to the memory of 
 Judge Lockhart appeared in an Evansville paper at the 
 time of his death. It is written in the full flower of the 
 language of his day and generation. It is well worth a 
 careful perusal : 
 
 "CONGRESS AND LOCKHART 
 
 The Congress of the American nation convenes two weeks from 
 to-morrow. The great men of the Union shall then meet in the 
 exercise of the highest functions of a free people. Washington City 
 shall then again be the center of attraction — the throbbing, pulsat- 
 
JUDGE JAMES LOCKHART 55 
 
 ing heart of this ocean-bound Union — and the agitated and uncer- 
 tain star of hope to the wishful and the oppressed of many a clime. 
 Common citizens, talented gentlemen, distinguished orators, tried 
 patriots and approved statesmen shall go up from every territory 
 and from every Congressional district of every sovereign state. 
 Elements of discord, demagoguery and prescription may be there 
 also. Washington, however, completely aroused from her slumber 
 of the last preceding fall and summer shall be herself again — all 
 politics, all fashion, all life, all bustle — and overwhelmingly, full. 
 And as attraction deepens, the arrival of every train of cars shall 
 continue to make accessions, and additional accessions, to the wit 
 and wisdom, tact and talent, wealth and beauty, and intelligence 
 and patriotism, that had already assembled from every nook and 
 corner of the land. But, amid all this life-stirring scene, and 
 among this mighty Congress of great men, if you pause to look for 
 or search out one familiar face — one that has been at home there, 
 a peer among the greatest in times gone by; a statesman that 
 the people of Indiana set store to, as one of her most favorite and 
 reliable sons; and who was commissioned in 1856 by the democracy 
 of her banner district to a seat in this same Congress, you will 
 pause — look, search, in vain. James Lockhart is no more. Though 
 called and commissioned to serve the nation for years to come, he 
 harkened first to another and higher call. That he has gone out 
 from among us, is OUR loss not HIS. 
 
 " 'His soul, enlarged from its vile bonds, has gone 
 To that refulgent world where it shall swim 
 In liquid light, and float on seas of bliss!' 
 
 "Let us offer a tribute to his memory: As a citizen, he has 
 long been identified with the interests of Evansville, its prosperity 
 and growth. As a friend he was warm and generous. In the 
 hearts of all who knew him in friendship — socially and politically — 
 his name is embalmed forever. The hallowed associations of that 
 name shall grow greener, fresher and dearer, while one of us 
 is left remaining on earth to deplore his absence. 
 
 " 'Lofty and sour to those that loved him not, 
 But to those that sought him, sweet as summer/ 
 
56 JUDGE JAMES LOCKHART 
 
 "In the political arena the name of Lockhart alone was a 
 tower of strength to his friends and a terror to his enemies. 
 Every pulsation of his heart was democratic. Bold and un- 
 swerving fidelity marked his whole course of life — and his un- 
 deviating attachment to friends and to principles, his indomitable 
 energy in defending them, his stern patriotism, his high attain- 
 ments, and the great amount of effective labor which he con- 
 tributed to the cause of democracy and the best interests of our 
 common country — all, pre-eminently marked him out as the cham- 
 pion of his party. It may be truly said that Judge Lockhart, at 
 the continual sacrifice of his time and money, did, with his own 
 hands— with his life-blood, and the best energies of a highly gifted 
 and devoted patriot — lay deep and broad the foundations, and 
 stone by stone did he rear the proud superstructure and crowning 
 embattlements of Indiana democracy, that have so successfully 
 and gloriously withstood the fiery, and frenzied, and midnight as- 
 saults of whiggery, know-nothingism and all other isms of the day. 
 The First Congressional district is the citadel of democracy that 
 gave the State to Willard, Buchanan and the constitution; and 
 while the memory of James Lockhart lives this democratic Gibral- 
 tar shall remain impregnable forever. Then, in justice to him, to 
 ourselves and to posterity, let us inscribe that name in imperish- 
 able characters high upon the outer walls, and upon the standard 
 of victory. 
 
 "So identified and interwoven is the name of Lockhart with 
 the democracy of Southwestern Indiana that we can scarcely 
 bring ourself to believe that he is not now on duty in the front 
 ranks of the party, dealing giant blows and beating back, as usual, 
 the enemies of our country — we cannot, cannot realize, scarcely, 
 that our chieftain has fallen! His bright history, his shining deeds 
 are before us. Blunt, open and truthful— his undying fidelity to 
 friends and country, his unconquerable, generous, and far-seeing 
 ambition looms up higher and higher. We have said, however, 
 that he is no more on earth. On the 7th of September last he 
 appeared to have departed this life without a struggle. 
 
 *' 'Like a shadow thrown softly and sweetly from 
 A passing cloud, 
 Death fell upon him.' 
 
JUDGE JAMES LOCKHART 57 
 
 "Judge Lockhart was born in Auburn, New York, February 
 13, 1806. He removed to Evansville and commenced the study of 
 law, the practice of which he began in 1835. He filled with honor 
 to himself and constituency, many important offices. Among many 
 others that of Congressman; and in 1856 was again, after a 
 hotly-contested canvass, returned to Congress by a majority of 
 5,000 votes. 
 
 "In his decease the democracy of Indiana is bereaved of an 
 able champion, Evansville of an enterprising and energetic citizen, 
 the bar an accomplished member, and the domestic hearth an in- 
 valuable companion. 
 
 " 'We followed him when living; 
 We honor him when dead.' " 
 
 EXHIBIT "J" 
 
 (From the Evansville Daily Enquirer of January 3, 1858.) 
 
 In the House of Representatives, at Washington, on 
 December 23, 1857, Judge Niblack, of Vincennes, took the 
 floor and said: 
 
 "Mr. Speaker, I rise for the purpose of making an announce- 
 ment similar to the one you have just heard— to announce the 
 death of the Hon. James Lockhart, also a member elect to the 
 present Congress from the State of Indiana. He died at his resi- 
 dence in the city of Evansville, in that State, on the 7th day of 
 September last, after a severe and protracted illness. 
 
 "It will thus be seen that the hand of affliction has fallen heav- 
 ily upon Indiana; that of the eleven members elected to the present 
 Congress from that State, in October, 1856, two have already gone 
 to the tomb. 
 
 "Judge Lockhart was born at the village of Auburn, in the 
 State of New York, on the 13th day of February, 1806. In the 
 fall of 1832 he emigrated to the State of Indiana, and located in 
 the then village, but now city, of Evansville, in which he continued 
 to reside until the time of his death. Not long after his location 
 in Indiana, he commenced the practice of the law as a profession. 
 
58 JUDGE JAMES LOCKHART 
 
 in which he continued, except at brief intervals, up to the time of 
 his death. 
 
 "In the winter of 1841-42 he was elected by the Legislature 
 of this State prosecuting attorney of his Judicial circuit. Two 
 years afterwards he was re-elected for another term. In the win- 
 ter of 1845-46, after the close of his second term as prosecuting 
 attorney, he was elected presiding judge of the same judicial cir- 
 cuit. In the summer of 1850, while still in commission as judge 
 of his circuit, he was elected a member of the Constitutional Con- 
 vention, which assembled in that year to revise and amend the 
 constitution of his State. Of that talented and influential body of 
 men he was one of the most active and efficient members. 
 
 "In August, 1851, he was elected a member of the Thirty- 
 Second Congress, and in the month following he resigned the 
 office of circuit judge to enable him to take his seat in that body. 
 He served as a member of that Congress for the full term. In the 
 spring of 1853, after the expiration of that Congress, he resumed 
 the practice of his profession. 
 
 "In the fall of 1856, after one of the bitterest contests ever 
 known within our State, he was elected a member of the present 
 Congress by a largely increased and overwhelmingly majority. 
 
 "At the time of his last election he was in feeble and failing 
 health. It was obvious that, without a speedy restoration, his 
 span of life was short. Notwithstanding the feeble condition of 
 his health, he continued in the active discharge of the duties of 
 his profession, and of those public duties which his position de- 
 volved upon him, until utter prostration bid him cease. Never 
 was that iron will and indomitable energy, which so much dis- 
 tinguished him through life, so clearly manifest as during the last 
 trying months of the most distressing illness. He died as the 
 strong man dieth; he literally fell with the harness upon him. In 
 matters political, Judge Lockhart was devotedly attached to the 
 organization and the creed of the party with which he affiliated. 
 As a political leader, he was bold and indefatigable. During the 
 last fifteen years of his life, I enjoyed much of his personal 
 friendship and confidence. But few persons, outside of his imme- 
 diate family friends, knew him more intimately than I have known 
 him. Having been elected to fill the place made vacant by his death, 
 and occupying his seat in this House to-day, it affords me pleas- 
 
JUDGE JAMES LOCKHART 
 
 59 
 
 ure to bear willing testimony to his energy, ability, and integrity 
 as a public officer, and to the fidelity with which he discharged 
 the many important trusts confided to him as a public man. 
 
 "Here, as in the ranks of the army, when one falls another 
 takes his place, and everything moves on as before; but not so in 
 the private relations of life. When a near and tried friend is 
 stricken down, there is no one to take his place. When the pro- 
 tecting arm of a husband is withered into dust, there is no ade- 
 quate earthly consolation. 
 
 "I submit the following resolutions for adoption: 
 
 "Resolved, That the members of this House have heard with 
 deep regret the announcement of the death of the Hon. James 
 Lockhart, a member elect from the First Congressional District of 
 the State of Indiana. 
 
 "Resolved, That in token of respect for the memory of the 
 deceased, the members and officers of this House will wear the 
 usual badge of mourning for thirty days. 
 
 "Resolved, That the Clerk of this House forward a copy of 
 these resolutions to the widow of the deceased." 
 
 Mr. Davis, of Indiana, then made the following re- 
 marks : 
 
 "Mr. Speaker, I rise to second the resolutions just offered by 
 my colleague (Mr. Niblack) I do not propose on this occasion to 
 pronounce a lengthened eulogy on the life, character, and public 
 services of the deceased. Were I disposed to do so, I would fail, 
 I am sure, to improve on what has already been so well and so 
 impressively said by my colleague; but being the only member of 
 this House from the State which I have the honor, in part, to 
 represent, who served with the deceased during the Thirty-third 
 Congress, I cannot find it in my heart to remain silent, or to 
 refuse, on this solemn occasion, to give utterance of a few words 
 of sincere respect for the memory of the deceased and of con- 
 dolence with his sorrow-stricken family in their bereavement. 
 
 "That I have known Judge Lockhart long and intimately, 
 will remain among my most cherished remembrances. I knew 
 him in the walks of private life and in the social circle, where he 
 was respected by all who had the pleasure of his society. I knew 
 
60 JUDGE JAMES LOCKHART 
 
 him as the efficient prosecuting attorney of his judicial circuit. 
 I knew him as the able, upright, and impartial judge. I knew 
 him as the representative of the people of the First Congressional 
 district of his adopted State, on the floor of this House; in all of 
 which positions he discharged his duties with ability and fidelity; 
 with entire satisfaction to his constituents and to the country. 
 
 "Judge Lockhart, though naturally retiring and unobtrusive, 
 was no ordinary man. He was a sound jurist and a sagacious 
 politician, possessing a clear, logical, and discriminating mind. 
 He was kind and benevolent to a fault; ardent in his friendship; 
 firm and decided in his opinions, yet charitable towards those with 
 whom he differed. Although always a firm and decided democrat, 
 often participating in the exciting and angry political contests 
 through which the country has been passing for the last twenty 
 years, his high bearing and manly deportment gained, as their 
 meed, the applause and admiration of his political adversaries. 
 
 "I saw Judge Lockhart in this city in March last, which was 
 the last occasion of our meeting. The disease which finally proved 
 fatal, was then progressing, and rapidly approaching the citadel 
 of life. His physical powers were fast declining; but though 
 feeble, his spirit was buoyant with the hope that he would ulti- 
 mately recover. He spoke feelingly of our long acquaintance and 
 former service here together, of many pleasant anticipations for 
 our mutual interest during the approaching session; but, alas! 
 these fond hopes have been blighted, and he is gone from among 
 us forever. 
 
 "Mr. Speaker, why should I say more? Judge Lockhart is 
 dead! How fresh in my remembrance is the occasion of the sad 
 announcement! What a thrill of sorrow it brought with it, as it 
 first fell upon my ear! How the memories of the past clustered 
 thick and fast around me, and how instinctively, how deeply my 
 mind yielded to the impress of the truth of the uncertainty of 
 human life, and the utter futility of human fame and ambition! 
 Sir, before we shall have discharged our duties, and finished our 
 labors here, the shaft of death may make vacant the chairs which 
 you and I occupy, and the ever-startling announcement again be 
 flashed on the wings of lightning to the remotest portions of the 
 republic. I say, such, sir, may be among the inscrutable decrees 
 of Providence; then, we should let this sad announcement of to-day 
 
JUDGE JAMES LOCKHART 61 
 
 affect our inner hearts, and admonish us that the inexorable hour 
 awaits us all. Let it impress upon us all the necessity for the 
 exercise of a spirit of kindness and forbearance for and toward 
 each other, and let it soften the asperities which too often appear 
 in our unguarded moments in the heat and excitement of debate. 
 "In conclusion, sir, from a sincere heart I invoke the blessings 
 of Heaven upon the bereaved widow, and pray that the wind may 
 be tempered to the shorn lamb. The resolutions were adopted." 
 
 EXHIBIT "K" 
 
 In the Evansville Journal and General Advertiser pub- 
 lished at Evansville, Indiana, No. 37, Vol. 1, under date 
 of July 16, 1835, appears the following: 
 
 "ORATION, 
 
 Delivered on the 4th of July, 1835, by James Lockhart, Esq. Pub- 
 lished at the request of the Committee of Arrangements. 
 Friends and Fellow Citizens: 
 
 Of the task which the kind, but inconsiderate partiality, 
 your committee of arrangement has imposed upon me, I feel most 
 sensibly the difficulty and importance. Had it developed upon an 
 individual more competent to throw around it the lustre of dis- 
 tinguished ability the object of the appointment would have been 
 more effectually promoted. To the flattering compliment conferred 
 upon me, I have no higher claim than a warm and fervid devotion 
 to the institutions of our beloved country. 
 
 Though I wish not to affect an ostentatious humility, nor 
 assume a feeling of indifference with regard to a distinction of 
 which I have just cause to be proud, yet I cannot forget that for 
 near sixty years, I have been preceded in the office I am now to 
 fill, in almost every city, town, and village in the Union, by men, 
 with whose names it is not barren encomium to associate the com- 
 bined attractions of brilliant attainments and distinguished lit- 
 erary reputation. 
 
 While the recollection of this circumstance awakens in my 
 mind a deep sense of my own inferiority, it greatly increases the 
 disadvantages under which I labor. It cannot be expected that 
 
62 JUDGE JAMES LOCKHART 
 
 anything now can be said on a subject, upon which so much has 
 been written. I am also fully satisfied that there are but few, at 
 this day, who have claims to originality in preparing Fourth of 
 July orations. But I will not permit the recollection of those facts 
 to depress or embarrass my efforts. 
 
 We have met to commemorate one of the most important events 
 recorded on the pages of history. Although ancient history teems 
 with those spirit stirring events, around which the imagination 
 clings with unabated enthusiasms, and from which the mind 
 draws the noblest lessons of political and moral virtue, and the 
 most stimulating incentives to patriotism— although our minds 
 dwell upon those kindling narratives that record the deeds of 
 the heroes of olden time, by whom the oppressor was struck down, 
 and the standard of a nation's liberty planted upon the blighted 
 soil of despotism— although we linger with fond delight on those 
 inspiring pictures of the historian's vivid pencil, in which we be- 
 hold delineated the virtues of a Scipio, the unyielding patriotism 
 of a Brutus, the stern justice of an Aristides, and the seductive 
 accomplishments of a Pericles— although our imagination wings its 
 flight to those consecrated spots where the ancients fought their 
 battles and won their independence, where the patriot's blood was 
 poured out as a willing offering to purchase the freedom of his 
 country, yet, while with palpitating heart and excited feelings, 
 we trace on the map the pass of Thermopylae and the plains 
 of Marathon, we are ready to erclaim in the burning words of 
 Byron : 
 
 'Where e'er we tread 'tis haunted holy ground! 
 
 No earth of thine is lost in vulgar mould! 
 
 But one vast realm of wonder spreads around, 
 
 And all the muses' tales seem truly told, 
 
 Till the sense aches with gazing to behold 
 
 The scenes our earliest dreams have dwelt upon.' 
 
 Yet all of these dwindle in nought when compared with that chain 
 of glorious events by which our liberties were torn from a tyrant's 
 grasp, and our unrivalled constitution firmly established. It ap- 
 pears as if it was reserved for the American colonies to fill the 
 splendid galaxy. It appears as if Deity himself had predestined 
 that America should become a land of freedom, an asylum for 
 
JUDGE JAMES LOCKHART 63 
 
 the oppressed; and that his omnipotent arm had directed our 
 puritanical fathers to seek quiet and repose on the confines of this 
 mighty continent, that they might cherish, foster and protect the 
 most generous principles of liberty, and those free institutions, 
 which convert general maxims into practical truths, and make them 
 a part of the daily life of man. The first settlers of Plymouth left 
 behind them those restraints which, in some degree, checks the free 
 actions of Englishmen. They brought with them the jury and the 
 right of representation; but left behind them the chains which 
 the church and the court were endeavoring to fasten upon their 
 countrymen. Feudal services, privileged orders, corporations and 
 guilds, with other similar burdens upon industry, and insults upon 
 honest merit, found no place in the western forest; but civilization, 
 arts and letters, without the corruption and gross licentiousness 
 which characterized the reigns of James I and Charles II, were 
 brought hither in the train of liberty. 
 
 Those instinctive lessons of liberty and republican simplicity, 
 which animated the bosoms of the Puritans of 1620, they taught 
 to their children, and to their children's children, from one genera- 
 tion to another, until their rapid strides towards glory and renown 
 attracted the attention of continental Europe, as well as of Eng- 
 land, who fearing that her colonies, peopled by her sons and daugh- 
 ters, would rise the arbiters of justice, and eclipse her in her 
 meridian splendor, and become the pride and admiration of the 
 world, commenced her course of tyranny and oppression by enact- 
 ing laws the most burdensome and oppressive for the government 
 of the colonies, and quartering large bodies of mercenary troops 
 in the principal towns, with a view of enforcing obedience to them. 
 Bound to the mother country by all the ties of fraternal feeling 
 that bind a child to its parent, the colonists implored the mother 
 country to desist from its course of cruelty and oppression; but 
 their prayers and petitions, and entreaties were answered only 
 by repeated wrongs and injuries, and usurpations. Reluctant to 
 war and with their native country, the land of their fathers, the 
 colonists were about to lay down in passive obedience to her man- 
 dates, relinquish their rights and submit forever to the imperial 
 dictation of a British king. 
 
 In 1765, on the day that the stamp act was to take effect, 
 public notice was given to the friends of liberty in Portsmouth, 
 
64 JUDGE JAMES LOCKHART 
 
 New Hampshire, to attend her funeral. A coffin neatly ornamented 
 and inscribed with the word 'Liberty' was carried to the grave. 
 The procession moved forward from the State House, at the slow 
 and solemn tap of the drum, minute guns were fired, the church 
 bells tolled the funeral knell, until the coffin arrived at the place 
 of interment. Then an eulogium on the deceased was pronounced, 
 which was scarcely ended before the coffin was taken up and ex- 
 amined, when it was discovered that some remains of life were left. 
 The inscription was immediately altered to 'Liberty Revived.' The 
 bells exchanged their melancholy for a joyful sound, and joy and 
 satisfaction appeared in every countenance. Similar manifesta- 
 tions of feeling were exhibited in Boston, and other places, which 
 had their influence in bringing about a repeal of the act. But 
 its repeal was no recognition of the right of the colonies to resist, 
 for at the same time a declaratory act was passed, asserting the 
 right of Parliament to bind the colonies in all cases whatsoever. 
 Accordingly, in 1767, the bill passed Parliament, imposing duties 
 on glass, paper, paints, tea, etc., which gave rise to combinations 
 of the colonists against the importation of any of those articles. 
 These combinations caused a repeal of the act. In 1770, the duty 
 on tea being alone continued, and in 1773, the famous bill brought 
 forward and carried through Parliament by the British Ministry, 
 allowing the West India Company a drawback on all teas exported 
 to America, was passed with a view of inducing the Americans to 
 submit to a moderate system of taxation. In consequence of the 
 passage of this act large shipments were made. But in New York 
 and Philadelphia the vessels were not permitted to land their 
 cargoes. In Charleston it was put in stores, but not permitted to 
 be offered for sale; and in Boston, where the British authorities 
 refused to allow the vessels to return without having been entered, 
 the tea was thrown overboard. This act of violence on the part 
 of the citizens of Boston, was followed by the celebrated port 
 bill, interdicting all intercourse with the town of Boston, and by 
 a bill for entirely subverting the government of Massachusetts. 
 In this crisis, the other colonies made common cause with Massa- 
 chusetts, and on the fifth of September, 1774, a general congress 
 met at Philadelphia, which declared all the acts of the British 
 Parliament, which imposed taxes and other burdens upon the 
 American colonists, violations of their colonial and chartered rights. 
 
JUDGE JAMES LOCKHART 65 
 
 These proceedings, however, of the American congress, had no in- 
 fluence to change the policy of the British government; and general 
 preparations were made in the colonies for resistance. Gun powder 
 was manufatcured, war-like stores were collected, and the citizens 
 began to arm themselves, and make preparations for war — 'War 
 to the Knife'. Their motto was 'Sink or Swim, Live or Die, 
 Survive or Perish with Our Country, is Our Fixed Unalterable 
 Determination.' Massachusetts was declared to be in rebellion, 
 and new restrictions were imposed upon the trade of the colonies. 
 
 A detachment of troops, sent from Boston to seize some 
 provincial stores collected at Concord, fired upon the citizens who 
 assembled to oppose them. Actual hostilities were then and there 
 commenced. The battles of Lexington and Bunker Hill, the 
 capture of several posts, and unsuccessful expedition against 
 Canada and the appointment of a Commander-in-chief of the 
 American army, were among the acts that preceded the Declaration 
 of Independence. 
 
 That memorable day, the fourth of July, 1776, can never be 
 effaced from the memory of a true American, as long as the sun 
 performs his diurnal revolutions, or a star endures in the firma- 
 ment. They will ever venerate the cause for which a Warren and 
 a Montgomery bled and died. That epoch can never be forgotten, 
 when an Adams, a Henry, a Sherman, a Franklin and a Jefferson, 
 roused their countrymen to a fearless defense of their privileges, 
 and protected the ark of their liberties in the hour of peril and 
 commotion. 'These were the times,' says an accomplished states- 
 man, 'when the Senate run with eloquence, proclaiming the wrongs, 
 advocating the rights and demanding the redress of millions ; when 
 one country building a new character upon the genius of her sons, 
 not raised upon the spoils of a sordid commerce, or the trophies 
 of a distinctive conquest, rose over an. admiring world, the arbiters 
 of justice, the emporium of humanity.' Yes, it was on that day, 
 the anniversary of which we are now commemorating, that the 
 American colonies were declared free, sovereign and independent 
 states. 
 
 Fifty-nine years ago this day the 'North American Confederate 
 Union' took her seat among the nations of the earth, and pro- 
 mulgated to the world the charter of her rights, which is replete 
 with doctrines vital to the liberties of mankind, and destined to 
 
66 JUDGE JAMES LOCKHART 
 
 stand a beacon to the friends of liberty, throughout the world, 
 as long as the language in which it is written shall be remembered. 
 It would be an unnecessary task for me to detail all of the events 
 that transpired during a period of eight years from the commence- 
 ment of the war, to the ratification of peace, in 1783. All acknowl- 
 edge the justice of our cause — all acknowledge the bravery of our 
 warriors who fought and bled for their country's liberty — all 
 acknowledge the transcendent virtues of their Commander-in-chief 
 George Washington — all read with breathless anxiety and exulta- 
 tion his God-like career. His memorials are beyond the reach of 
 fortune and of time; his name will live in the recollection of his 
 countrymen, until this mighty country shall cease to exist, whose 
 liberties his unsullied patriotism nurtured into existence, and whose 
 advancing glory is the most elegant epitaph that could be inscribed 
 upon his tomb. Whether at the head of his countrymen, leading 
 them on to battle and to victory, or in the councils of the nation, 
 aiding, assisting or directing the machinery of government; we find 
 him equal to every station and prepared for every emergency. 
 
 In mourning the loss of our heroes and statesmen, our minds 
 involuntarily run back to review the career of those great men, 
 who are now gathered home to their fathers; but who at the most 
 spirit-stirring period of our country's history shed a blaze of glory 
 around, which neither time nor circumstances can eradicate. 
 Their bright examples will stand to the latest time a monument 
 of exalted worth. The last of that band of statesmen who 'pledged 
 their lives, their fortunes and their sacred honors,' in defense of 
 the liberties of their country, has been summoned to the regions 
 of bliss. Yes, the dauntless Carroll, of Carrollton, the last sur- 
 viving signer of the Declaration of American Independence is no 
 more. 
 
 The last surviving Major General of the American Revolu- 
 tion, too, has gone to join the companions of his youth. Yes, on 
 the last anniversary of our nation's jubilee, while the wide mouthed 
 cannon was announcing the approach of the 58th anniversary of 
 American Independence, a solemn gloom spread over our village, 
 which pervaded every bosom. The herald of the press had just 
 announced the death of Gilbert Motier Lafayette, the companion 
 of Washington, the friend of liberty. Although a Frenchman by 
 
JUDGE JAMES LOCKHART 67 
 
 birth, we claimed him as an American citizen; although he died in 
 France, his remains are buried beneath American soil. 
 
 In this brief summary it would be an unpardonable omission 
 were I not to mention Poland; the land of Frederick Kosciusko, 
 the last Generalissimo of the republic of Poland, and Joseph 
 Pulaski, who endeavored in vain to restore the independence of his 
 country, both of whom came to the United States In time of her 
 greatest need, and' proffered their services in defense of liberty, 
 and fought and bled by the side of Washington. Brave and gen- 
 erous Poland, may you yet take your seat among the republics of 
 modern times, may the illustrious examples of your sons and your 
 daughters, who fought on the walls of Warsaw, inspire you with 
 confidence, and nerve your arm in defense of that liberty for which 
 they fought and bled and died. Yes, brave and noble Poland, 
 America sympathizes with you in your misfortunes, and while 
 sceptred monarchs would bind you down with chains of despotism, 
 while they would stigmatize your chivalrous sons and daughters, 
 as traitors and rebels, who fought and bled for freedom, their 
 memory will live green in the mind of every Pole. Yes, that 
 chaplet which you entwined around their brows, moistened as it 
 is by the tears of the friends of liberty, and the tears of a grate- 
 ful country throughout the world, will re-animate and bloom an 
 evergreen upon their graves. But let us turn from the records of 
 the past, and take a view of the present history of our country. 
 
 Fifty-nine years ago this day the American people through 
 their representatives in congress assembled, declared that man was 
 capable of self-government. What stronger evidence can be given 
 of the correctness of that declaration, than the unparalleled pros- 
 perity of the American republic. At peace with all the world, 
 and on the most friendly terms with every nation — prosperous and 
 happy at home, and respected abroad. Although a slight inter- 
 ruption in our diplomatic relations with France at this moment 
 exists, we have every reason to believe that the difficulties existing 
 between the two nations will be soon adjusted on terms entirely 
 satisfactory to the United States. Within the short space of 59 
 years, its population has increased from three to sixteen millions, 
 and the number of states from thirteen to twenty-four. The 
 country that we now inhabit, the very ground upon which this 
 
68 JUDGE JAMES LOCKHART 
 
 edifice, dedicated to the service of the living God, is erected, was 
 the forest home of the Red man, where neither civilization, arts, 
 sciences nor industry had shed their benign influence, where nothing 
 was heard but the howling of beasts of prey, and the furious yell 
 of the savage warrior. But the rays of the light of liberty have 
 dispelled the clouds of savage ignorance and barbarity, to which 
 has succeeded the heart-cheering influence of enlightened and 
 civilized society. The borders of the beautiful river whose banks 
 we inhabit, was then the border of an impenetrable forest. Its 
 banks are now studded by large skies, extensive towns and flourish- 
 ing villages. It is the abode of an extensive population, actively 
 engaged in the various pursuits and avocations that pertain to the 
 life of man. 
 
 Are there any so skeptical as to believe that a government so 
 free, so prosperous and happy as ours, will decay and crumble into 
 ruins? If there are, their fears will be removed, if they will but 
 swear upon the altar of their country's liberty eternal fidelity 
 to her free institutions. Are there any who doubt the bravery 
 of her citizen soldiers or their readiness to defend their rights? 
 If there are, I would point them to Bunker Hill, Yorktown, Mon- 
 mouth, Bridgewater and Saratoga. Do they yet doubt, I would 
 point them to Plattsburgh, Queenstown, Bladensburgh and New 
 Orleans. Do they doubt our skill in diplomacy. I would point 
 them to a Jay, a Franklin and a Plackney. Do they yet doubt, 
 I would point them to an Adams, a Hamilton and a Monroe, who 
 have stood forth the champions of their country's rights, with a 
 zeal which knew neither abatement nor fatigue, but which gath- 
 ered strength from time, and derived new activity from constant 
 exercise. But those great men, the founders of the republic, have 
 now passed from the theater of their earthly career. Their voices 
 can no longer be heard in the capitol, discoursing on the policy 
 of nations, or in the private circle, teaching their countrymen by 
 their examples. Those institutions nurtured into existence by 
 them, have been bequeathed to us. It is then our duty to foster, 
 cherish and protect them, that we may hand them down to pos- 
 terity as we received them, unimpaired by the lapse of time, or 
 unaltered by the change of circumstances. 
 
 Stand forward in defence of the Union, whether it be assailed 
 by internal or by foreign enemies — show to the world as you did 
 
JUDGE JAMES LOCKHART 69 
 
 on a recent occasion, that you will not permit its stability to be 
 shaken by internal, much less by foreign enemies. Although a 
 portentous cloud big with destiny, hung over a part of our hemis- 
 phere, threatening destruction to our free institutions, and a dis- 
 solution of the Union of the states. When the tocsin was sounded 
 from your capitol, all true friends of the Union and of the rights 
 of the states simultaneously exclaimed from one end of the Union 
 to the other, in the emphatic language of a distinguished senator 
 — 'God forbid that I should stop to inquire whom the people have 
 chosen to preside over the destinies of our country, I will march 
 to the rescue'. Yes, I beseech you in the name of heaven — I 
 beseech you in the name of every thing that is dear to freemen, 
 to guard, protect and preserve the Union; for upon its stability 
 hang the hopes of the friends of liberty, in every clime— guard 
 it as the palladium of your liberties — teach its value and the neces- 
 sity of its preservation to your children, and to your children's 
 children, unto the latest time— let Union be the first lisp of in- 
 fancy — let it be the last tremulous accent of age — God save the 
 Union."