HISTORY OF KENTUCKY
ELIZABETH SHELBY KINKEAD
NEW YORK .:. CINCINNATI :• CHICAGO
AMERICAN BOOK COMPANY
Copyright, 1896, 1909, 1919, by
AMERICAN BOOK COMPANY
HISTORY OF KENTUCKY
otr lb !9!b
TO THE MEMORY OF MY FATHER
William 115ur^ ^infeeaO
FROM WHOM WAS DERIVED
WHATEVER TRUTHFUL UNDERSTANDING OF THE KENTUCKY PEOPLE
THIS LITTLE BOOK CONTAINS
In the preparation of this book, an attempt has been
made to relate the events of practical, everyday life, in
such a manner as to make the study of the history of our
State a pleasure to the pupil. While adhering to facts
as closely as they could be ascertained, the aim has been
that the whole shall entertain as a connected story.
Special effort has been made to portray the spirit of the
Kentuckians, in order that the student may understand
and revere the people from whom he is sprung. To
this end, more space has been given to their character-
istics as indicated by tales of particular acts, than to the
statistics of battles in which they have taken part.
As this is a narration of the life of a State, and as the
connection of one incident with another is of more im-
portance in a work of this kind than the grouping of
kindred topics, the chronological order of development
has been followed.
The subject naturally divides itself into five clearly
marked periods. And these* lend themselves readily
to important subdivisions. That portion of the history
which extends to the close of the War of 1812 belongs
to the poetic stage in the State's life; and that which
follows, to the prose stage. It has been necessary in
developing the later prose periods to depart somewhat
from the simple method followed when setting forth
the early poetic periods. But this seems rather an ad-
vantage; for if the interest of the pupil is awakened
at the outset, he will be eager to follow the fortunes
of his State to the end, and will, it is hoped, patiently
study the more prosaic episodes, in order to get a thor-
ough grasp of the whole.
It has been my earnest desire that the work should
be historically sincere. The difficult aim has been con-
stantly before my mind to make it impartial in all in-
stances, and at the same time forceful and inspiriting.
A Kentuckian, from my infancy I have been imbued
with a knowledge and love of the State. And yet,
having grown up in the New Kentucky, in her days
of quietude, I have been enabled to approach the con-
sideration of her significant periods with little individual
prejudice. I have made a laborious and careful study
of all available material, and I have tried to let the actions
of the people, as they have been unfolded to me, speak
for themselves, and reveal the Kentuckians. It is my
hope that what I have written will find favor with my
own people. E. S. K.
\— PIONEER DAYS
I. First White Men in Kentucky 9
II. Early Settlements in Kentucky .... 19
III. The County of Kentucky 29
IV. Division of the County . . . . . .40
W — THE STRUGGLE FOR INDEPENDENCE
1 782-1 792
V. The District pF Kentucky 50
VI. Beginning of the Struggle 59
VII. The Spanish Conspiracy 69
VIII. The End of the Struggle 82
\\\ — FOUNDING OF THE COMMONWEALTH
1 792-1 850
IX. Organization of the Government
X. Political Situation in Kentucky
XI. The War of 1812
XII. Local Affairs
XIII. Civil Affairs and the Mexican War
W—THE CIVIL WAR
XIV. The Situation in Kentucky
XV. Kentucky's Position of Neutrality
XVI. The Invasion of Kentucky
XVII. The Second Invasion of Kentucky
XVIIl. Civil Conflicts
V— THE NEW KENTUCKY
XIX. The Restoration of Peace
XX. The Era of Transition .
Constitution of Kentucky 227
I— PIONEER DAYS, 1669-1782
FIRST WHITE MEN IN KENTUCKY, 1669-1775
The history of Kentucky is at once unique and attract-
ive. It begins like a romance, thrilling in tales of heroic
deeds and exciting adventures. From the ,, ^ , ,
earliest settlement of the State, all through the honored
crises in its own life and the life of the nation, ^°^^ ^^^
Kentucky has held an honored position, and has produced
men of great and noble character. None but the brave
dared or desired to risk the perils of these untried forests ;
therefore, Kentucky was founded by men of forceful
qualities, remarkable as well for strength of mind as for
endurance of body. The tide of immigration has passed,
for the most part, to the north and to the south of Ken-
tucky ; hence its present population consists almost exclu-
sively of the descendants of the early settlers. The men
who are prominent to-day are, in the main, sons of fathers
whose fathers helped to establish the Commonwealth.
Long ages before Kentucky was discovered, there dwelt
in the land a race of beings called Mound Builders, on
account of the mounds or monuments they The Mound
erected. Many of these mounds have been Buii<iers
opened, and have been found to contain bones of human
beings and of the mastodon (a gigantic animal now extinct)^
as well as implements of stone, flint arrowheads, and pieces
of pottery. Until recently, historians believed that these
Relics from Mounds
remains indicated a people different from, and more civil-
ized than, the Indians; but modern scientists have con-
cluded that the Mound Builders were simply the ancestors
of the present Indians.
At the time when Kentucky was visited by the first
pioneers, it was not the home of Indians, as were many of
the other parts of America: but it was the
Kentucky as ^
seen by hunting ground and battlefield of neighboring
pioneers tribes from the north, the west, and the south.
The beautiful and luxuriant for-
ests were filled with elk and
buffalo and varie-
ties of game that
have long been extinct.
Bears and wolves, pan-
thers, tigers, and wild cats
abounded in the dense undergrowth
Wild Animals of Kentucky
FIRST WHITE MEN IN KENTUCKY
tion of the
Seven rivers drain the land, — the Big Sandy, the Lick
ing, the Kentucky, the Salt, the Green, the Cumberland,
and the Tennessee. Following a northwestward course
through the east, the middle, and the west of the State,
these all flow into the Ohio, and thence into the waters
of the mighty Mississippi.
The Indians were by no means ignorant of the value of
this land. They were prepared to resist its permanent
to their ut-
so that the pioneers, or
first white men who
came to Kentucky, had
to contend not only
with the wild beasts of
the forest but with the
equally savage Indian
warriors. From the
fierce encounter of
Indians with Indians,
and Indians with pio-
neers, it came about that
the State was called
" The Dark and Bloody
That courage which was a necessity to our forefathers
is still a marked characteristic of the sons of Kentucky.
The pioneers were men sent forth by the wis- courage of
dom of God to found a new Commonwealth. Kentuckians
They went in peace, but with their rifles cocked to defend
their lives from the Indians.
In the early days of American discovery, some people
believed that there was a great river i!i Ameriea leading
men in Ken-
across the continent to China. The distm-
guished Frenchman, La Salle, while in search
of this river, in the year 1669 or 1670, passed
through a portion of Kentucky from
the Big Sandy to the rapids of the
Ohio. As early as 1750, Dr.
Thomas Walker of Virginia led an
exploring party into Kentucky by
way of Powell's Valley, through the
mountains in the eastern part of
the State, and built a log cabin on
the Cumberland River. But the land
company he represented was not
successful, and he returned home
with little knowledge of the coun-
try. One year later, Christopher Gist, an agent of the
Ohio Land Company, beheld, stretching out before him,
from some point on the Kentucky River, the impressive
and beautiful land of Kentucky. There is also a tradition
that, in the year 1754, a man by the name of McBride cut
his initials on a tree at the mouth of the Kentucky River.
Faint rumors now reached Virginia and North Carolina
of the fertile land beyond the mountains, and, in the year
Daniel Boone 1 769, John Findley piloted Daniel Boone and
in Kentucky £q^j. Q^her Companions into the country which
he had visited two years before. These courageous men
were not driven by persecution, nor by the need to seek
a livelihood for themselves and their families. Each one
left behind him a '* peaceable habitation," as Boone called
his quiet home on the Yadkin, in North Carolina, and
started forth with a rifle in one hand and a hatchet in the
other, in quest of adventiue.
FIRST WHITE MEN IN KENTUCKY
They pitched their tent on the banks of the Red River (a
branch of the Kentucky), and remained peace-
Boone and •' ' ^
Stewart in the fully hunting until late in December. But one
^ day Boone and John Stewart, when alone in
the woods, were captured by Indians. After seven days
they succeeded in
making their es-
cape, and returned
to their camp, to
find it deserted, no
trace being left of
their former com-
panions. Boone and
Stewart were soon
joined by Squire
Boone, a younger
brother of Daniel's;
but shortly after this.
Stewart was killed
by Indians. The
two brothers, find-
ing that they did
not have enough
ammunition, decided that the younger should go back to
North Carolina to supply their need. Daniel was now
left alone in the vast forests.
In July, 1770, Squire Boone arrived with the ammuni-
tion. The two brothers remained until March of the
following year, and then returned to North ^jjg Long
Carolina. Five other adventurers had joined Hunters
them in their camp on the Red River. In the year 1769,
a party of about forty men from Virginia and North Caro-
lina went out on a hunting expedition. Nine of this
14 PIONEER DAYS
company, led by Colonel James Knox, reached Kentucky
the following year, and explored the country about the
Cumberland and Green rivers. They did not come in
contact with Boone's party. From the length of time all
these adventurers were absent from home, they were
called "The Long Hunters."
Up to the year 1763, France had claimed the country
on the east of the Mississippi which included Kentucky.
Conflicting After the French and Indian War, Great
claims Britain gained the right to this region. But
because of prior possession, varioifs tribes of Indians laid
claim to the country. In the year 1768, the English gov-
ernment purchased from the tribes of Indians called the
Six Nations the title to all the lands lying between the
Ohio and Tennessee rivers. This treaty was held at Fort
Stanwix, now Rome, in New York.
Bounty lands on the Ohio River were then granted to
many of the ofificers and soldiers of the Virginia troops,
Surveyors sent ^'^^ Surveyors were sent to mark them out.
to Kentucky Thus were brought to Kentucky many of the
clever and gallant young men of Virginia whose names,
or those of their descendants, afterwards became asso-
ciated with the history of the State.
Two interesting characters of this period were Han-
cock Taylor and John Floyd. They were deputies under
, ^ Colonel William Preston, surveyor of Fin-
Hancock Tay- ' ^
lor and castlc County, Virginia, of which Kentucky
John Floyd . ., ^ ^, ,
was a part until 1776. These men started
forth in the high hopes of their young manhood, to survey
the far-famed lands of Kentucky. Honor and wealth lay
before them, and all the exciting pleasures of a perilous
undertaking. The one was shot down by Indians a few
months after his arrival ; the other lived nine years —
FIRST WHITE MEN IN KENTUCKY 1 5
long enough to establish his family in Kentucky, and to
aid in founding the new country — and then he fell a
victim to the same death.
There were other surveyors in the early days of Ken-
tucky to whom a romantic interest attaches. Captain
Thomas Bullitt, of Virginia, at the head of a
J r 1 J r T^ other surveyors
party, m 1773, made surveys 01 land tor Dr.
John Connolly, at the falls of the Ohio, where the city of
Louisville now stands. Close upon his explorations fol-
Early Kentucky Settlers
/owed those of James Douglas, who visited Big Bone Lick,
where he found scattered on the ground the bones of the
mastodon, whose huge ribs he used for his tent poles. The
scholarly John Todd, later to be noticed, and his brother
Levi, came to Kentucky in the same capacity, as did also
two representatives of the Lee family of Virginia.
The same year, there came into Kentucky a party of
hunters and surveyors from Virginia, led by three brothers,
James, George, and Robert McAfee, who later on became
1 6 PIONEER DAYS
prominent in the new country. This visit was for invcstij^a-
tion, and after selecting lands on the Salt River, in Mercer
County, they made their way homeward, well-
The McAfees, . , -^ \ ' , , , .: , ,
Boone, and nigh exhausted by the trials of the journey.
In Pow^ell's Valley they met a large party
which Daniel Boone was guiding into Kentucky. The life
in the wilderness was so delightful to Boone that he deter-
mined to make his home there. On the 25th of Septem-
ber, 1773, he set out with his wife and children, and was
joined by five other families and forty men besides. Their
progress was interrupted, however, on the very thresh-
old of Kentucky soil by an Indian attack, and six of the
company were killed, Boone's son being one of the num-
ber. This so disheartened the pioneers that they turned
back toward their old homes.
The same year, Simon Kenton roamed through Ken-
tucky. The following year, James Harrod and forty men
Indian hostiii- built themsclves cabins and laid off the town
^*®^ of Harrodsburg, which, however, they were
soon obliged to abandon. Shortly afterward. Governor
Dunmore of Virginia sent Daniel Boone and Michael
Stoner to guide out of the wilderness the surveyors who
were in Kentucky. The Shawnee Indians had become so
hostile to the settlement of Kentucky that it was danger-
ous for any white man to remain there. They were now
gathering under their great chief. Cornstalk, for the blood-
iest conflict that ever occurred between the whites and
The battle of Point Pleasant took place the loth of
Battle of Point October, 1 774, near the mouth of the Kanawha
Pleasant River. The white forces were collected
by General Andrew Lewis, but the latter took no per-
sonal part in the fight, being occupied with superintending
FIRST WHITE MEN IN KENTUCKY 1/
the erection of certain breastworks, necessary for the en-
counter. The forces consisted mainly of sturdy Scotch-
Irish from Virginia, under the command of Colonels
Charles Lewis, William Fleming, and John Field. They
were joined by two companies of brave men from beyond
the Cumberland Mountains, who were eager to avenge the
injuries they had suffered from the Indians ; one of these
companies was under the command of Captain Russell,
and the other under Captain Evan Shelby, who, with his
fifty volunteers from the Watauga settlement, in North
Carolina, hurried forward to the encounter. T]ie attack was
opened upon the division of Colonel Charles Lewis, but
he was soon mortally wounded. In quick succession, the
two remaining colonels, William Fleming and John Field,
were cut down, the one being wounded, the other slain.
The command then fell to Captain Shelby.
From sunrise the battle raged fiercely. Victory wavered
between the two sides. Many had already fallen, when,
toward noon. Cornstalk determined to outflank Result of the
the whites and, by a bold movement, to end ^^"^®
the conflict. But' just at this time, Isaac Shelby, then a
young lieutenant left in charge of his father's company,
determined also to make a flank movement against the
Indians. He took with him two other companies, com-
manded by James Stewart and George Matthews. They
crept through the underbrush, along the banks of the
Kanawha, and surprised the enemy in the rear. The
Indians became alarmed and began to retreat. The fight-
ing, however, did not cease until near sunset. The victory
thus gained by the whites was of the utmost importance
in the settlement of Kentucky. Shortly afterward, the
Shawnees entered into a treaty with Governor Dunmore,
of Virginia. They gave up all their title to the lands
ILENT HIST — » ■
south of the Ohio River, and promised not to molest the
white men further. Peace now reigned for a time, and
the pioneers were enabled to make their homes in Ken-
Kentucky's romantic history.
Interesting relics found in ancient
Mound Builders the ancestors of
No Indian homes found in the region.
The region the Indian hunting
A valuable region.
Indians determined to resist its set-
The courage of the pioneers.
La Salle in Kentucky in 1669 or '70.
Walker, Gist, and McBride come be-
Findley guides a party in 1769.
Boone and Stewart captured.
They escape, to find their camp de-
They are joined by Squire Boone.
Stewart is killed by Indians.
Squire Boone goes home and returns.
The brothers leave in 1771.
The Long Hunters.
Great Britain gains the region in 1763.
Also, she buys it from the Six Nations.
Floyd, Taylor, and other surveyors
sent to Kentucky.
The McAfee brothers.
Boone's party attacked by Indians.
Simon Kenton visits Kentucky.
James Harrod lays off Harrodsburg.
Indian hostilities force the surveyors
Indians gather under their great
The battle of Point Pleasant.
Colonels Lewis, Field, and Fleming
killed or wounded.
Captain Evan Shelby commands.
Flank movement against the Indians.
The whites gain a significant victory.
Dunmore's treaty secures peace for a
EARLY SETTLEMENTS IN KENTUCKY, 1 775-1 776
In the year 1775, permanent homes were made in Ken-
tucky. James Harrod and his company came back to
their cabins, which they had been forced to permanent
leave by Indian hostihties, and the McAfees stations
returned to their settlement on the Salt River. Not far
from Harrodsburg, Benjamin Logan, with a few slaves,
erected a station, to which he brought his family during
the following year. A most important aid to the settle-
ment of the country was the road Daniel Boone cut from
Cumberland Gap to the fort m Madison County which
bore his name.
Far and wide was spread Boone's glowing account of
the unknown region ; and though he did not succeed in
firing very many with a desire to brave the
perils of its untried forests, the news soon account of the
reached some of the influential and wealthy
men of North Carolina, who quickly foresaw the vast riches
and power which might be theirs if they could gain pos-
session of it.
We have already seen that the Six Nations had sold
to the English their title to that vast area of country
which included the present State of Kentucky, saie of Indian
and that after the battle of Point Pleasant, the ^^"^^
Shawnee Indians, also, had renounced their right to the
region. But such was the lawless and unstable condition
20 PIONEER DAYS
of Indian possessions that the ownership seemed to rest
with that nation which had gained the latest victory in
the tribal wars. Thus the Cherokees, likewise, asserted
a claim to the land.
Captain Nathaniel Hart, of North Carolina, formed a
company, known as Henderson and Company (consisting
Henderson and oi himself, his two brothers, and six others), to
Company purchase this Cherokee title. They chose
Colonel Richard Henderson as their legal head. Across
the country, a distance of about three hundred miles. Hart
and Henderson went to hold a conference with the Indians
at their villages beyond the Alleghany Mountains. The
Indians promised to consider the matter, and sent a com-
mittee to examine the goods to be given in exchange for
the land. These proved satisfactory, and a place of treaty
was determined upon. On the 17th of March, 1775,
twelve hundred savage warriors assembled at the Sycamore
Shoals of the Watauga River. The nine members of the
company were there, and all the men, women, and children
of the settlement gathered to hear the decision of the
council. When the Indian chiefs finally decided, after
much speech-making on both sides, to sell to the whites
their "hunting ground," — about seventeen million acres
of land, — for the consideration of ten thousand pounds
sterling, there was great rejoicing.
The land bought by the company lay on the other side
of the mountains; and though it was covered with wide-
The colony of spreading forest trees, they gave it the pic-
Transyivania turcsque and not inappropriate name of Tran-
in America i • / » » 7 ^t-i r
syivania, beyond the zvooas. 1 he purpose of
the company was to found a colony of which they should
be the proprietors, and to sell lands to persons desiring to
make their homes in the region. The scheme was brilliant
EARLY SETTLEMENTS IN KENTUCKY 2 1
and gigantic ; and though it was soon abandoned, it had a
most important iniiiicnce on the future of the State. The
proprietors were all educated men, who attracted to the
country other men of ability.
Daniel Boone was sent ahead to open a road for the
proprietors. The trace then cut was later widened into
the famous Wilderness Road,^ one of the two
/I ,1 1 • 1 r r, ^ Boone's road
ways (the other bemg by means of flatboats
down the Ohio) by which there entered Kentucky the
brave men and women who laid the foundations of the
State. Colonel Boone's company consisted of about
twenty-two men, and they were joined by a party of
eight, under the leadership of Captain William Twetty.
Their task was not so difficult as it was perilous, and just
before it was completed their courage was put to the test.
One morning, while they still lay asleep in camp, they
were attacked by Indians. Two of their number were
killed, and .one was wounded so seriously that he could
not be moved immediately. With that spirit of heroism
inspired by the times, several of the men remained with
their wounded comrade at the risk of their lives, while the
others went on ahead about fifteen miles, to select a site
upon which to erect a fort.
When the proprietors arrived, they found three stations
besides Boonesborough already settled in the country.
They called for an election of deleo:ates from
• 1 ,1 . 1 , . r TheBoones-
these, m order that laws might be made for borough
the government of the colony. Twelve dele- p^'"^*^™®°*
gates were duly elected and sent from Harrodsburg, Boil-
ing Springs, and St. Asaph's or Logan's Station, and six
^ T/te Wilderness Road. By Thomas Speed. Filson Club Publication
were elected for Boonesborough. This first legislative
assembly held west of the Alleghanies met at Boones-
borough, May 23, 1775, under the branches of a mighty
elm which could comfortably shelter in its shadow one
hundred people. The parliament passed nine laws to the
satisfaction of all concerned, and adjourned to meet the
following autumn ; but it never again assembled.
The independent settlers in the country soon became
dissatisfied, and asked Virginia to take them under her
protection. Accordingly, in 1778, the legislature of that
State annulled the purchase of the Transylvania propri-
etors ; but in order to compensate them for their loss, she
granted them 200,000 acres of land, and gave good titles
to all those who had bought lands from the company.
The structure Boone and his men erected at Boones-
borough was the first military fortification on Kentucky
TheBoones- soil, and it proved a very secure stronghold
borough fort against the unskilled attacks of savages. It
was laid out as a parallelogram, inclosed by posts sharp-
ened at the end ....
and driven firm-
ly into the
ground. At the
log cabins with
windows which looked out
on the open space or court ^'^^^^
of the inclosure. The sides "'"3
which faced the forest had no
windows, but only loopholes
through which the pioneers could fire at their enemies.
Fort at Boonesborough
EARLY SETTLEMENTS IN KENTUCKY
The furnishings of the cabins were very rude, — a bed
in one corner made of upright forks of trees, on which
rested poles whose ends were thrust into holes ^^ , . ^
^ The furnish-
in the wall of the building, and on these poles ings of the
were thrown for mattress and covering the
skins of wild animals ; a rough-hewn dining table, and
a few three-legged wooden stools. The windows were
covered with paper saturated with bear's oil, through
which the light penetrated, and an air of cheerfulness was
gained by the huge fireplace which stretched nearly across
one side of the room.
Shortly after the fort was completed, in September,
1775, Daniel Boone brought his wife and daugh-
ter to Kentucky. At Harrodsburg, also, Hugh
McGary, Richard Ho-
gan, and Thomas Den-
ton settled with their
families. In Novem-
ber of this year, John
McClellan brought his
family into Kentucky,
and, in company with
Colonel Robert Patter-
son, built a station which
was named McClellan's.
Here, fifteen years later,
the town of Georgetown
was incorporated. With
the coming of the
women, home life began
in the wilderness, with
all of its hardships, its
perils, and its inspiriting ^ Backwoods Cirl
adventures. The women stood side by side with the men,
and suffered and grew strong, labored and prospered, with
them. To-day we look back to their lives of unselfish
devotion, and are thrilled by admiration for their courage.
There are no wild beasts for us to fight, no Indians, no
dangers from hunger and cold. But if we would be
true children of brave ancestors, there is a battle to enter
far harder and more worthy of victory than any they were
called upon to wage — a battle for the honor and purity
of our own lives and of the State.
Daniel Boone can in no way stand as a type of the early
Kentuckians. They were far more remarkable and clever
men. He did not feel himself inspired by character of
any high motive, though he was always kind ^^°'®^ ^°°°®
and courageous. He
sought the unpeopled
lands of Kentucky
because he loved the
wild life of the woods.
With the coming of
civilization, he de-
parted. But he was
an instrument in the
hands of God to open
the way for the foun-
dation of a great State.
By the side of Dan-
iel Boone there towers
figure, Simon Kenton,
as an In-
dian scout, and the hero of many startling adventures.
EARLY SETTLEMENTS IN KENTUCKY
His manhood began with a tragedy. He loved a girl who
was won by his friend. He fought a duel with his rival,
and, believing that he. had killed him, fled from his old
home in Virginia, and under another name tried to forget
his deed in the wilderness of Kentucky. But he could
not forget. The burden of that thought weighed heavily
Running the Gauntlet
upon his naturally kind and simple-hearted nature. Long
years afterward, he ventured to return to Virginia to visit
his family and to bring them to Kentucky. To his over-
whelming joy, he found the man he supposed he had
killed, alive and ready to be his friend.
Once he was captured by Indians. Eight times he was
made to run the gauntlet ; that is, to run down a long line
of Indian men, women, and boys, each armed with a torn-
26 PIONEER DAYS
ahawk, club, or switch, with which the runner was struck.
Three times he was tied to the stake to be burned alive,
and every time he was saved thrqugh some unexpected
deliverance. By his daring coolness, he filled even the
Indians with terror, and thus he aided much in the settling
of the new country. But he, too, like Boone, passed away
before the advance of civilization in Kentucky.
For the most part, the pioneers of Kentucky were from
that unsurpassed race of people, the Scotch-Irish, who
settled in the valley of Virginia, and then
of the spread out into the neighboring States. Their
ancestors had suffered religious persecutions
in the Old World, and the pioneers brought into the rich,
free land of Kentucky an intense love of God, of liberty,
and of education, — three important factors in the great-
ness of a nation as well as of an individual. Such men,
seeking homes and prosperity for their children, were not
to be daunted even by the fury of the savages.
Occasionally, the faint-hearted would grow weary of the
hardships and dangers, and would depart ; but they left
behind them the strong and brave who were worthy to be
Healthful life the posscssors and founders of the beautiful
of the pioneers ^^^ country. The men could not safely plant
the crops, nor could the women milk the cows, except
under the protection of armed guards who stood ready
for the attacks of Indians ; yet none the less they perse
vered in their determination to remain. An existence of
healthful work with a steadfast purpose made them cheer-
ful. The children played, and the young people laughed
and were happy, although the only variety in their lives
was the dread of a surprise or an occasional Indian raid.
One day in the summer of 1776, Jemima Boone and
the two daughters of Colonel Richard Callaway were out
EARLY SETTLEMENTS IN KENTUCKY
on the Kentucky River, in a canoe, when they were cap-
tured by five Indians. The girls tried to beat a romantic
off the savages, while they screamed for help. ®p^^°^®
Being unsuccessful in their efforts, they dropped broken
twigs or torn bits of their gowns to mark the way they
were carried. Boone and Floyd, with a party of men
Beating off the Savages
from the fort, went in pursuit. They searched for two
nights and days, but did not overtake the Indians until
they had gone about forty miles from Boonesborough.
There they found the girls, thoroughly frightened, but
unharmed. It is entertaining to learn that three weeks
later the first wedding upon Kentucky soil took place
when Squire Boone united in marriage Betsy Callaway,
the eldest of the girls, and young Samuel Henderson, one
of the rescuing party.
Permanent homes in Kentucky.
Ilarrod and his company return.
The McAfees again at their station.
Boone's account impresses influential
men of North Carolina.
Their desire to buy the region.
The Cherokees' claim.
Hart and Henderson form a com-
Colonel Henderson elected presi-
Conference with Indians at Wa-
Indians sell their hunting ground.
Colony of Transylvania in America.
Boone cuts the Wilderness Road.
His company attacked by Indians.
Boonesborough fort erected.
Arrival of the proprietors.
Other stations previously settled.
Delegates appointed to frame laws
for the colony.
Boonesborough parliament meets,
May 23, 1775.
The proprietors' purchase annulled.
The compensation made by Virginia.
The Boonesborough fort, a strung
fortification against Indians.
The rude furnishings of the cabins.
Daniel Boone's family arrive.
Other families come to Harrodsburg.
McClellan's station built.
Character of Daniel Boone.
Simon Kenton's adventures.
The pioneers mostly Scotch-Irish.
Character of the early Kentuckians.
Healthful and happy life in the wil-
Indian raids the only variety.
Capture of Jemima Boone and the
Their rescue by Boone and Floyd.
First marriage on Kentucky soil.
THE COUNTY OF KENTUCKY, 1776-1780
Although it was not until 1778 that the title of the
Transylvania Company was legally annulled, it had long
before ceased to be considered valid. On the ^ ^ ,
4th of July, 1776, the Continental Congress county
adopted the Declaration of Independence, and ^^*^^^^^^®*
in December of that year Kentucky^ County was estab-
lished by Virginia. Before this time, the region was
a part of Fincastle County, Virginia, and so remote a part
that the settlers had no voice in the government of the
State. But now they were entitled to choose for them-
selves two representatives to the Virginia legislature,
and to have local courts of justice and military pro-
tection. The change brought greater stability to the
colony. Harrodsburg was selected as the county seat,
and the first court was held there in September, 1777.
It was composed of the ablest men of the time. Among
the number were John Floyd, John Todd, Benjamin Logan,
^ After the Transylvania Colony was abolished, the name " Kentucky" was
adopted by the pioneers. " Kentucky is from the Iroquois word Kentake,
meaning prairie or meadow land. The name probably originated in those
treeless stretches of country between the Salt and Green rivers, which our
ancestors called barrens. The Indians in early times burnt the trees off these
lands and then designated them by Kt-nlake, meaning the meadow or prairie
lands." — Centenary of Kentucky^ l)y R. T. Durrett; Filson Club Publication
John Bowman, and Richard Callaway, all men of character,
who became distinguished in the pioneer struggle for exist-
ence. Levi Todd was appointed clerk, and John Bowman
colonel of Kentucky County.
For the next two years, the different stations were dis-
Repeated turbed by frequent raids from Indians, which,
Indian raids however, did not result in any serious loss of
life to the whites, but proved extremely distressing to the
Fleeing from the Indians
women and children and unfavorable to the growth of the
country. Harrodsburg was first attacked, and then, in
quick succession, Boonesborough and Logan's fort. An
incident in connection with the latter siege is worthy of
remembrance, as it illustrates the sagacious heroism of
a man whose every act was honorable and courageous.
THE COUNTY OF KENTUCKY 3 1
In the spring of 1777, some women were milking cows
outside the fort, guarded by armed men, when they were
fired upon by Indians. All fled toward the Logan's
fort, but one man was killed, another slightly heroism
wounded, and a third so severely injured that he was unable
to escape. The Indians left him where he fell, while they
lurked within gunshot. Secure of his scalp, they hoped
Logan rescuing his comrade
to entrap others who might venture to his rescue. In-
side the fort his wife and children wailed in apprehen-
sion for his fate, and still none dared face the certain death
of going to his assistance. When twilight came on, Logan
tied over his body the loose feather bed his wife had
brought from Virginia, and getting down on all fours he
crept outside the fort, grunting like one of the hogs which
roamed around the inclosure. Suddenly he seized the
wounded man, and darted toward the fort, before the sur-
])risod and puzzled Indians had time to recover sufficiently
to take sure aim at him. Balls and arrows flew about him,
but he and his companion reached the fort in safety.
The Indians continued their resistance to the settle-
ment of Kentucky, and yet the population slowly grew.
Indian Boouesborough suffered a second attack, July,
hostilities 1777. At this time there were only twenty-
two fighting men to defend the fort; but toward the end
of the year that station was increased by fifty men and
their families, and Logan's fort had an addition of thirty-
eight families. There \vere now between five hundred and
six hundred people in Kentucky ; and only the stout-
hearted came, for it was known that the Indians were
powerfully aided by the English in their warfare upon the
Kentuckians, and that it would probably be long continued.
We have seen that the country west of the Alleghanies
and east of the Mississippi had been in the possession of
the French, who began to settle it as early, probably, as
The British 1 688, after the celebrated La Salle (who made
aid the Indians explorations there) had returned to his native
land with accounts of the great river and the fertile
country. Later on, a conflict arose between the French
and English colonists in North America that developed
into what is called the French and Indian War. After a
long and fierce struggle, the French surrendered to the
English in 1763. The old French villages, Kaskaskia,
Cahokia, etc., in Illinois, and Vincennes, on the Wabash,
were fortified by the conquerors, and, at the outbreak of
the Revolution, these posts were the military strongholds
of the English king. It was from them that the Indians,
who had allied themselves with Great Britain against the
Americans, received the supplies which enabled them to
besiege the Kentuckians.
George Rogers Clark
THE COUNTY OF KENTUCKY 33
George Ro.i^ers Clark had been contemplating: an attack
upon these l^ritish possessions that would subdue the
power of the Indians, and open the
west to the Americans. About this
time he received an order from the
Virginia legislature to lead his expe-
George dition into the Illinois coun-
Rogers Clark's try, as that region was then
expedition . .
indefinitely called. Clark
had visited Kentucky in 1776, and had
determined to throw in his fortunes
with that colony. He was a young
Virginian of striking bearing and bold, unwavering char-
acter. He possessed precisely the order of talent fitted
for the expedition to which he was called. His plan of
conquering the Illinois country was adroit and vigorous.
His victorious march from Kaskaskia to Cahokia, and
the final capture of Vincennes, February 25, 1779, distin-
guished him as a man of high military genius. An account
of these campaigns belongs properly to the history of the
United States. Their result, however, was of inestimable
benefit to the settlers in Kentucky and they rejoiced in
the glory attending them ; for most of the men who
served with Clark either had Hved in Kentucky or in-
tended to make their homes there. John Todd, already a
prominent Kentuckian, was made county lieutenant or
governor of the Illinois country.
When Clark and his troops came down the Ohio in flat-
boats, on their way to the Illinois country, they brought
with them about twenty families who intended „, , ,,
■' Clark the
to settle in Kentucky. They landed upon a founder of
small island at the Falls of the Ohio, May 2y,
1778, and proceeded to erect a fort. Here they remained
KENT. HIST. — X
until the following autumn, when they removed to the
mainland and built a fort at the foot of the present Twelfth
Street. In 1780, this settlement, which grew to be the
largest city in the State, received the name of Louisville.
On Christmas day a party was given in the old Twelfth
Street fort. Everybody assisted. They called it a house-
A Christmas Party
warming, and they made merry together, dancing the
Virginia reel to the music of an old negro fiddler.
While Clark and his Kentucky captains were carrying
on their conquests in the West, a very important event had
Boone's cap- ^aken place at home. In February, 1778.
^ure Boone and twenty-six men, who had gone to
the Blue Licks to make salt for the different stations, were
THE COUNTY OF KENTUCKY 35
captured by a party of Indians on their way to attack
Boonesborough. The Indians were so elated with their
prize that they abandoned the idea of going to Boones-
borough, for the time, and returned in triumph with their
prisoners, to their village, Chillicothe. There Boone re-
mained until early in the following June, when the savages
again assembled to carry out their delayed plan. Then he
determined to escape, and to warn his fort, whatever might
be the danger to himself. He reached his friends, un-
harmed, in four days, after a journey of 160 miles, during
which he had but one meal.
Boone's escape delayed, for several weeks, the plan of
the Indians ; but on the 8th of August, a formidable band
of savages, painted and bedecked with all their giegeof
war equipments, and with French and British Boonesborough
colors flying, surrounded the fort. They were commanded
36 PIONEER DAYS
by a French officer, Captain de Ouindre, who demanded,
in the name of his Britannic Majesty, the surrender of the
garrison. Strange to relate, two days were granted for
the consideration of this proposition, during which time
all the horses and cattle were collected in the fort, and
then Boone announced, with many jeers at the discom-
fited captain, that they were ready to defend their fort
while a man was living.
DeQuindre now determined to entrap Boone, if possible.
He asked him, with eight other men, to come outside the
DeQuindre 's ^ovt to treat with him, and this was agreed to.
^^^^ But before the conference was over, the cun-
ning officer said that it was a custom, when concluding a
treaty, for two of the Indians to shake the hands of each
white man. Thereupon two powerful Indians seized
Boone and his men with the intention of capturing them ;
but the hardy Kentuckians wrung themselves free and
fled into the fort. Soon the firing began. The Indians
made an unsuccessful attempt to burn the fort, while
de Quindre ordered a trench dug to undermine its walls ;
but his purpose was discovered in time and frustrated.
The siege lasted nine days. The stoutest hearts were
tried, but no one thought of surrendering. On the 20th
Result of the day of the month, the warriors took their de-
siege parture. Only two men among the whites
were killed and four were wounded. The Indians prob-
ably suffered no greater loss ; but they were discouraged
by the resistance of the garrison, and never again at-
tempted an attack upon Boonesborough. Clark's victories
in the West, coming about this time, weakened the power
of the Indians and inspired confidence in the hearts of
the Kentuckians. Immigrants streamed into the country,
and new stations sprang up everywhere.
THE COUNTY OF KENTUCKY
News traveled slowly into the wilderness in those days;
but the spirit of the pioneers was in ardent sympathy with
the great struggle for independence which was Founding of
going on beyond their borders. In April, Lexington
1779, Colonel Robert Patterson, in company with James
Masterson, the McCon-
nels, Lindseys, Morri-
^sons, and others, began
a settlement in the most
beautiful part of the
Blue Grass Region, to
which the name of Lex-
ington was given, in
honor of the first battle
of the Revolution.
The same year, in
May, the land laws
were passed by the legis-
lature of Virginia, and
commissioners were ap-
pointed to consider all
claims and settle all disputes on the subject. The court
was opened at Logan's fort, October 13, 1779, with Wil-
liam Fleming, Edmond Lyne, James Barbour,
^' J ' J Land laws
and Stephen Trigg as commissioners, and John
Williams as clerk. The bold hunter, whose greatest desire
had been for romantic adventure, was now joined by the
speculator, who sought fortune in the new country —
Virginians, largely, in whom the love of land was bred as
Altogether, the year 1779 was a notable one in the his-
tory of Kentucky. But following close upon its growth
and prosperity came what is known in the annals of
the State as the "Hard Winter." Unmelting sncnvs lay
deep over the land. Horses and eattle perished, and
The "Hard even the wild animals shrunk to the bones.
Winter Only the bears, living in the hollows of trees,
withstood the severity of the cold. Life in the roughly
built cabins of the pioneers was trying during the mildest
of winters ; but it was torturing now. Because of the in-
creased population, the supply of corn gave out. The
only food was lean game, which was secured with the
greatest difficulty. But the sufferings of the travelers
who had been overtaken by the storms on their way to
Kentucky were even greater. Crowded into the cabins,
the settlers could manage to have some amusement for the
time and could hope for the future. The women spun and
wove, and the men made the utensils necessary for daily
use. They turned their attention, also, to the education of
their children. During this winter, a school was opened
at Boonesborough by Joseph Doniphan.
As early as 1776, Mrs. William Coomes taught a school
in the fort at Harrods-
burg. She had no text-
books. Smooth boards
of wood were used for
paper, and the juice of
oak balls for ink. The
children learned to write
and work ex- nrst schools in
amples from Kentucky
copies set them by the
teacher. When they could
read, they had Bibles
and hymn books to study. Little private schools of this
kind, where the pupils were taught to read and write
A Schoolhouse in the Backwoods
THE COUNTY OF KENTUCKY
and calculate, were opened in the different stations. Per-
haps the children studied as hatd (being grateful for any
opportunity to learn) as the boys and girls do to-day, who
have cultured teachers and attractive text-books.
The spring brought many men of talent and education
to Kentucky ; it brought, also, continued warfare with the
British and Indians. Captain Henry Bird, a capture of
British of^cer, with six hundred Canadians Mart/n's^°^
and Indians, invaded the settlements on the stations
Licking River, June 22, 1780, and captured Ruddle's and
Martin's stations. These garrisons offered no resistance
to an army so formidable in numbers and supplied with
artillery. Everything valuable that the forts contained
was carried off by the savages. The inhabitants were
captured and taken to the Northwest, where they were
scattered among the Indians. Many of the women who
could not travel fast enough were tomahawked.
Kentucky County established.
Harrodsburg the county seat.
Men of ability compose the first court.
Indians attack Harrodsburg, then
Logan's fort attacked.
Second attack of Boonesborough.
The British aid the Indians.
His military genius.
He conquers the Illinois country.
John Todd made governor of
Clark the founder of Louisville.
Christmas party at Louisville.
Boone and others captured at
A third siege of Boonesborough
planned by the Indians.
Boone escapes to warn his fort.
Indians commanded by Captain de
Boone declines to surrender.
De Quindre's tricks unsuccessful.
The siege ended after nine days.
The population increases.
Land commissioners appointed.
Court opened at Logan's fort.
Speculators come to Kentucky.
The "Hard Winter."
First schools in Kentucky.
Capture of Ruddle's and Martin's
DIVISION OF THE COUNTY, 1 780-1 782
The population steadily increased. In 1780, the legis-
lature of Virginia thought it advisable to divide the County
Division of of Kentucky into three counties, — Jefferson,
the county Fayette, and Lincoln. John Floyd, John Todd,
and Benjamin Logan were appointed colonels of their
respective counties, and William Pope, Daniel Boone, and
Stephen Trigg, lieutenant colonels. Colonel Clark was
raised to the rank of brigadier general.
The most important consideration of the newly settled
country was military protection from the Indians. The
Eagerness ^^^^ interest was the proper distribution of
for land j^-g lands. Each county had its special sur-
veyor, — George May for Jefferson, Thomas Marshall for
Fayette, and James Thompson for Lincoln. So great was
the desire to gain property in this beautiful Kentucky
country that on one occasion when General Clark had
planned an attack upon certain Indian towns, he was
obliged to order the surveyor's office to be closed, and to
state that it would not be opened until after the expedition
was over, before he could induce any one to listen to his
call for volunteers.
Raids were no less frequent during the year 1781, but
they were less carefully planned than formerly. The
Continued Indians were preparin^^ for war on a larger
warfare scale, which thcy hoped would drive out the
DIVISION OF THE COUNTY
intruders from their hunting ground. But through all this
tale of disheartening warfare runs the invigorating story
of the valor of the Kentuckians, and pictures of noble
magrnanimitv stand out to refresh us.
John Floyd, the colonel commandant of Jefferson County,
Wells assisting Floyd
had gone with a number of men to the assistance of a
neighboring settlement. He w^as wounded, weiis's
and was retreating on foot before the pursu- magnanimity
ing Indians, when he was overtaken by Captain Samuel
Wells, who was also fleeing for his life. Floyd and Wells
had been enemies, but the past was forgotten. Instantly the
42 PIONEER DAYS
generous captain sprang from his horse, lifted Floyd into
the saddle, and ran by his side to support him, thus risk-
ing his life for his enemy. Both were saved and were
friends ever afterward.
The following spring opened with a fierce conflict which
has always been known as Estill's defeat. A party
of twenty-five Wyandots were seen passino:
Estill's defeat _, , , -I t r i r -, ,
Boonesborough. News of the fact was brought
Captain James Estill at his station on the south of the
Kentucky River, near where Richmond now stands, and he
started in pursuit of the Indians, with forty men. Shortly
after his departure the savages came upon his unguarded
fort, killed and scalped a young girl, and destroyed the
cattle, before they departed. Two boys were sent as
runners to bear the news of the tragedy to Estill. A
party of the men returned to protect the women, while the
rest, to the number of twenty-five, pushed on and overtook
the Indians, not far from the present town of Mount Ster-
ling. The fight which then occurred required hearts of
unwavering courage. It was not a battle, but a combat of
man with man. Fof nearly two hours the struggle lasted,
each one of the company from behind a tree shooting
toward the Indian he had selected. At last the whites
were overcome. Nine were killed, including the brave
Estill, and four were wounded. The latter, however,
escaped with those who were uninjured.
In the month of July, two British captains, McKee and
Caldwell, with a company of rangers from the British posts
K and ^^ Detroit, gathered together over one thou-
caidweii'= sand Indians, — the largest body of troops up
to that time collected west of the Alleghanies.
It was their intention to attack- Wheeling, but on their
march thither, news reached them that General Clark was
DIVISION OF THE COUNTY 43
on his way to surprise the towns of the Shawnee Indians.
They turned back to defend these towns, and, to their
mortification, found that the report was false. This
so discouraged the Indians that a large number of
them deserted ; but the more resolute British officers were
not to be thus deterred from their purpose to harass and
fight the Americans. They succeeded in holding a com-
pany of over three hundred Indians and rangers, with
which they pushed on into Kentucky, to attack the weak
stations in Fayette County.
They reached Bryan's station on the morning of the
1 6th of August, 1782. Halting in the neighborhood of
the fort, they sent a few Indian spies ahead to Bryan's sta-
draw out the whites, meaning then to rush upon ^^°° attacked
them with the whole body of their forces. Most fortunately,
the majority of the men were inside the fort, making ready
to go to the assistance of the stations on the south of the
Kentucky River, whither the Wyandots had gone after
Estill's defeat. The spies were discovered; and the
oft-tried Kentuckians, wise in the tactics of Indian warfare,
understood the meaning of their presence, and immediately
began preparations for a siege.
Now there was no spring inside the walls of the fort;
and water would be a necessity if the attack should continue
long. The fetching of water was everywhere Heroism of the
the work of women, a fact which the Indians '^omen
knew. If the men should go for it now, the spies would
immediately suspect that they had been discovered. The
attack might then begin at once, which would be fatal to
It was unlikely, however, that the women would be
disturbed, and they were called together. The situation
was explained to them. They were urged to go for the
water and to act as thoiir;h they did not know that a
band of savages was within gunshot.
There was a moment of intense excitement, of inde-
cision and shrinking from the task ; but the women in
those stirring times of danger had acquired a warlike
courage. Moreover, they had learned to forget them-
selves, and to think only of the good of their family,
their station, and their country. The bravest among the
Marching to the Spring
older women stepped forward and declared their readi-
ness to go on the trying mission. One by one, the
younger women and girls followed, emboldened by this
resolute spirit, until the whole body of women marched
to the spring with their buckets, laughing and talking
unconcernedly together. On their return, however, their
steps grew faster and faster, and they fairly rushed into
the safety of the fort.
DIVISION OF THE COUNTY 45
Immediately afterward the attack began ; but the gar-
rison was now ready for it. Swift-footed runners were
sent to summon assistance from the neighbor-
ing stations. Five miles away, at Lexington, ®^^®«^®
Major Levi Todd, with forty men, had just started for the
southern border of the country. A messenger overtook
him, and in a short time he reached Bryan's Station. The
British officers now saw that all hope of taking the fort by
surprise was vain. At night the Indians attempted to set
fire to it ; but, being unsuccessful, they were quite ready
to depart. However, there was a young white leader
among them who determined to make another effort to
force the fort to surrender.
This was Simon Girty, — known far and wide to the
border people of that day as the "White Renegade," — a
man despised by every one. When he was a
boy, his father had been killed by Indians, and ^™°° " ^
he himself had been adopted by them. He had grown up
a savage, and chose to remain one. He possessed all the
cunning cruelty of his foster brethren, and by his knowl-
edge of English he became a power among them in their
schemes to torture the Americans. He now made a speech
to the fort's defenders. He spoke of the numbers with
him, and of the reenforcements and artillery that were ex-
pected; but he told them that if they would surrender
they would not be harmed. The Kentuckians knew that
their rude fortifications could not withstand cannon; but
they could not be intimidated.
One of their young men, Aaron Reynolds, answered
Girty in a bold, bantering spirit that won the admiration of
his associates. He assured Girty that they were not at all
afraid of his artillery or of his numbers ; that, as for the
latter, all the country was coming to their assistance.
46 PIONEER DAYS
Girty knew this, as did the Indians, and they concluded
it would be the part of wisdom to leave ; but they did all
the injury possible, destroying the fields and killing hun-
dreds of cattle, sheep, and hogs. On the following morn-
ing, they took their departure, having had five of their
number slain and several wounded. Four of the whites
were killed, and three injured.
It did not take long to gather the riflemen of Kentucky.
They answered the summons for assistance as hurriedly
Gathering of as did the clansmen of Scotland the signal of
the riflemen ^^^ ,. ^^^.^ ^ross." ^ On the aftcmoon of the
day the Indians left Bryan's Station, 182 men, many of
them commissioned officers, mustered there under the
command of Colonel John Todd, the ranking officer of
Kentucky, Lieutenant Colonels Trigg and Boone, and
Majors McGary, Harlan, and Levi Todd. Without wait-
ing for Colonel Lcgan, who was to follow as soon as
possible with the forces of Lincoln County, they pushed
on the trail of the Indians, and overtook them near the
Blue Licks, on the morning of August 19. They halted
and held a council of war. The Licking River lay be-
tween them and the enemy. Should they cross and open
the attack at once, or should they await the arrival of
Logan's troops ?
The prudent decision was cast in favor of the latter
course, when Major McGary, an impulsive man, filled with
a passionate hatred of all Indians because his son had been
^In the border warfare of Scotland, "an ancient method of gathering the
people was by sending the * fiery cross ' through the country. This mysterious
symbol of haste and danger was formed of yew, first set on fire and then
quenched in the blood of a goat. Every man who received it was bound to
pass on with it through torrents, or over mountains, by day or night, until
another took it off his hands." See, also, The Gathering, III. Canto, 7Vie
Lady of the Lake.
DIVISION OF THE COUNTY
killed by some of them, plunged forward into the river,
waving his hat over his head and shouting : " Let all who
are not cowards follow me!" Immediately, Batue of the
as if fired by his taunt, the impatient troops ^^"^ ^^^^^
rushed after him. The sober officers had no alternative
but to follow. Soon the battle began. From the first the
advantage was with the enemy, because of superior num-
McGary in the River
bers. Colonel Trigg was killed, then Harlan with nearly
all his advance guard was swept away. John Todd and
Boone tried to rally the men, until Todd himself was shot
down. Then a wild panic took place. Leaving the dead
on the field of battle, every one attempted to escape.
The fighting had lasted only about five minutes, and in
that time the Kentuckians had lost seventy of their bravest
48 PIONKER DAYS
soldiers, twelve had been wounded, and seven captured.
Tne loss on the other side was insignificant in corn-
After the parison. Several days later, Colonel Logan
battle arrived at the scene of the tragedy with four
hundred men, — a force large enough to have completely
overwhelmed the Indians. But all was over now. Nothing
remained to do but to bury the dead where they had
fallen. By the rash act of one man was brought about the
greatest disaster that had ever befallen Kentucky.
It is impossible to describe the anguish of that time.
Sorrow and wailing prevailed everywhere. For weeks
the women could not be consoled. But the unconquerable
Kentuckians did not long rest in their mourning. The
blow must be retaliated. Troops quickly gathered at the
Falls under Colonel Floyd and at Bryan's Station under
Colonel Logan. Uniting at the mouth of the Licking
under General Clark, they marched rapidly into the
Indian country. On the loth of November, 1782, the
Miami towns were burnt to the ground. Warning had
been given the Indians, and they escaped into the woods ;
but all their valuable property was destroyed. From
village to village, the mighty force of Kentuckians swept
with their desolating firebrands. At last the Indians were
conquered. Though, for ten years longer, occasionally a
few straggling savages would disturb the security of the
settlers, Kentucky never again suffered any serious Indian
Kentucky County divided.
Jefferson, Fayette, and Lincoln coun-
Military officers and surveyors ap-
Great eagerness to obtain lands.
Indians preparing for war.
Samuel Wells's magnanimity.
Estill pursues a band of Indians.
A young girl killed at his fort.
DIVISION OF THE COUNTY
Indians overtaken near Mount .Ster-
McGee antl Caldwell's army of over
one thousand Indians.
A false alarm changes the course of
A smaller force marches into Ken-
Attack on Bryan's Station.
Heroic women supply the fort u'ith
The siege begun.
Runners summon assistance.
Indians fail to burn the fort.
Girty attempts to frighten the men
Aaron Reynolds's fearless answer.
KENT. HIST. — 4
Indians do great damage before de-
The riflemen of Kentucky gather.
One hundred and eighty-two men at
The officers of the company.
The Indians are pursued.
Council of war held.
A prudent decision made.
McGary's rash act.
Battle of the Blue Licks.
Terrible slaughter of the whites.
Great anguish caused.
The blow retaliated.
Village after village destroyed.
The Indians are conquered.
No more serious invasions of Ken-
THE STRUGGLE FOR INDEPEND
THE DISTRICT OF KENTUCKY, 1 782-1 784
Beyond the borders of Kentucky, the Confederated
Colonies were passing through their victorious conflict for
Kentucky's independence from Great Britain — six terrible
struggle for years of ccaselcss warfare from the battle at
existence , . , , ^ ^ ,
Lexmgton, 1775, to the surrender of Lord
Cornwallis at Yorktown, 1781. Cut off from the East by
the high wall of the Cumberland Mountains, separated
from the neighboring regions of the Northeast, the North,
and the West by a connected system of waters, Kentucky
was waging alone, unaided by continental arms and con-
tinental supplies, an equally terrible conflict. In the his-
tory of this era, too little recognition has been made of
this struggle, whose successful issue gave to the nation a
strong, faithful State, and opened the way for the con-
quest of the vast, rich West.
At Paris, France, on the 30th of November, 1782, the
preliminary treaty of peace between the United States and
Peace with Great Britain was signed. There were no
England ocean Cables in those days, no telegraph lines,
no railroads, no postal service. Slowly the news reached
THE DISTRICT OF KENTUCKY 5 I
the far-away land of Kentucky, told by traveler to trav-
eler, or written in letters which were borne to friends by
immigrants to the country. But early in the following
spring the cheering fact was known.
At this time there were less than thirty thousand people
in Kentucky. Now the growth became very rapid. By
1790, the population had increased to more immigration to
than seventy-five thousand. The long war Kentucky
which had just closed had left the Atlantic States impov-
erished. The fertile lands of Kentucky offered an allur-
ing prospect to families whose fortunes had been thus
injured. From Virginia, Pennsylvania, Maryland, and the
Carolinas, especially from Virginia, came this great influx
of people to Kentucky. Of course there were some men
among them of low character and slender ability ; but the
majority of them were clever, educated people of moral
strength, who were notable even in that most remarkable
epoch of American history.
Among them were officers whose military genius had
hastened the victory of the Revolution; soldiers whose
unselfish loyalty had aided the cause ; and young men of
talent, fresh from the colleges of the East. Their names
will fill the pages of the following period. The men whose
rare courage and entertaining adventures stirred us in the
story of the pioneer days, have passed away ; either death
has come to them, or they have finished their great work.
Only one or two recur in the narrative of the public affairs
of the new era opening before us.
By an act of the Virginia legislature the three counties,
Jefferson, Fayette, and Lincoln, were united in 1783 and
Kentucky District was established. A district
court was erected, and John Floyd, Samuel District
McDowell, and George Muter were appointed
52 THE STRUGGLE FOR INDEPENDENCE
judges. Walker Daniel was also commissioned attorney-
general, and John May was selected to be the clerk of the
Shortly after his appointment, John Floyd, the vigorous,
intellectual pioneer, was killed by an Indian. He had
The District fought, unscathed, through the terrible border
judges wars, and now, in the time of peace, riding
unguardedly in the woods near his home, wearing his scar-
let wedding coat, — a definite mark for the savages, — he
received his death wound. It is a curious coincidence that
two other members of this district court, pioneers like
Floyd, met a similar death, — Walker Daniel in 1784, John
May in 1790. The other judges were Virginians, whom
the close of the war brought to Kentucky. They had
been officers in the Revolution and each bore the rank of
colonel. Their recognized worth and ability are indicated
by their appointment to this position of trust and dignity.
We shall have need to refer to them frequently in the fol-
An Ohio River Flatboat
On the third day of March, 1783, the court was opened
at Harrodsburg ; but there being no house large enough at
Founding of that place for its accommodation, it adjourned
Danville ^^ ^ church six miles away. One of its first
official acts was to order a log courthouse to be built at
some safe place near Crow's Station (about ten miles from
THE DISTRICT OF KENTUCKY
Harrodsburg), and a jail also, of "hewed or sawed logs at
least nine inches thick." The location was wisely chosen;
it was on the Wilderness Road, the great highway through
Kentucky, and within the famous Blue Grass region. From
this judicial beginning grew the town of Danville, which
became the seat and center of all the public affairs of the
District, and whose
early history suggests
and interesting events.' Each town in Kentucky has its
particular tone. Danville may be characterized as sober
and intellectual, self-respecting in the management of its
own affairs, and unworldly.
Security and hope prevailed in Kentucky District, and
its reputation increased abroad. Flatboats
fM 1 • 1 • « 1 1 T Prosperity
filled with immigrants were constantly landing
at the Falls (Louisville), in the northwestern part of the
THE STRUGGLE FOR INDEPENDENCE
settled region, and at Limestone (now Maysville), in the
northeast. Heavily laden pack horses brought a contin-
ued stream of settlers through Cumberland Gap, over the
At Louisville, Daniel Brodhead, an officer in the Revo-
lution, who had recently come to Kentucky, opened a shop
where all kinds of goods, imported from Philadelphia,
were sold. The home-woven cotton gowns and sunbon-
nets were replaced by gay-figured calicoes and
straw bonnets. There were also more costly
articles for gala days, — silks and parasols for the maidens,
broadcloths and silk stockings for the men. A French-
^ . man, landing at the Falls
in 1784, described a party
of young people that he
saw thus attired starting
off for an excursion on
There is on record,
also, an account of a
party given by Mrs.
Martha Donne to cele-
brate the first crop of
wheat raised at the
Falls, in 1783. Early merry-
The wheat was ^^^^^^^
ground with a hand mill,
sifted through a cambric
handkerchief which Mistress Martha had brought from
Philadelphia, shortened with raccoon fat, baked, and served
for the refreshment of the guests. Thus early the town
of Louisville took on its brilliant, fashionable, hospitable
THE DISTRICT OF KENTUCKY 55
In February, 1784, General James Wilkinson made his
advent into Lexington as the representative of a mercan-
tile firm in Philadelphia of which he was the head. Wil-
kinson was brilliant in mind and affable in james wiikin-
manner, but corrupt in morals and selfish in son's advent
character. He acted an important part in the political
events of the period. Wilkinson's shop, like Brodhead's,
was a great advantage to the neighboring region.
At this time there were eight towns in Kentucky :
Louisville and Bardstown, in Jefferson County ; Harrods-
burg, Boonesborough, and Danville, in Lincoln Lexington's
County ; and Lexington, Leestown, and Green- position
ville, in Fayette County. Of these, Lexington was the larg-
est. Never rapid, but always steady in growth, Lexington
was advancing into that substantial business and social
position which she has maintained until the present day.
Her early interest in all things intellectual caused her to
become the center of the literary culture of the District,
and gave to her the title, — in the high-sounding phrase-
ology of the time, — Athens of the West.
Here John Filson ^ wrote the first history of Kentucky,
which was likewise the first history of any portion of that
vast region lying west of the Alleghanies. The fame of
the " happy climate and plentiful soil " of
^^■^ ^ . . . John Filson
Kentucky had reached Filson in his home in
southern Pennsylvania, and he went thither to secure lands
for himself. This was probably in the year 1782, when
he was about thirty-six years old. He was a schoolmaster,
and very well educated except in the matter of spelling
and the use of capitals. He led a roaming, stirring life
until his death in 1 788. Shortly before that time, he had
1 The Life of John Filson. By Reuben T. Durrett. Filson Club Publi-
cation No. I.
THE STRUGGLE FOR INDEPENDENCE
entered into a partnership with Matthias Denman and
Colonel Robert Patterson (one of the founders of
lay off a town
where the present
city of Cincinnati
Greek, Latin, and
edge into use to
coin a name for
his town : Losan-
tiville — the city
opposite the mouth
of the L icking.
While out survey-
ing, he became
and was never
again seen. He
was killed either by the savage Indians, or by the beasts
of the forest.
Filson gained the information for his history, and the
map with which it is illustrated, from a close intercourse
First history with Daniel Boone, Levi Todd, James Harrod,
of Kentucky Christopher Greenup, John Cowan, and Wil-
liam Kennedy, whose " distinguished assistance " he grate-
fully acknowledges. Beside the map, the history is made
further entertaining by a narrative of " The Adventures of
Colonel Daniel Boone," which the author learned from the
old pioneer himself. There was no printing press in Ken-
THE DISTRICT OF KENTUCKY 5/
tucky at that time, so Filson carried the manuscript of the
history to Wilmington, Delaware, and that of the map to
Philadelphia, where the book was published in 1784. One
year later it was translated into French by M. Parraud,
and published in Paris. This little book is now very rare
We have noticed the early desire of Kentuckians for
education. Thus far, all that had been possible were little
private schools held within the stations. Now Transylvania
we are to learn somethinsf of the first school university
or college in the West. In 1780, the Virginia
legislature passed an act to establish such a school in
Kentucky as soon as the condition of the country should
permit. An endowment of eight thousand acres of land
was given to it and thirteen trustees were appointed.
In 1783, the trustees were increased to twenty-five and the
endowment of land to twenty thousand acres. The school
w^as to be called Transylvania Seminary, and the trustees
were to hold their first meeting at Crow's Station (Dan-
ville) the second Monday in November of that same year.
The trustees were influential men in the District. The
names of those who attended the first meeting have been
preserved for us. They are John Craig, Walker Daniel,
Willis Green, Christopher Greenup, Robert Johnson, Sam-
uel McDowell, David Rice, James Speed, Isaac Shelby,
and Caleb Wallace. The Reverend David Rice was
elected chairman of the board. " Father Rice," as he
was commonly called, had lately arrived in Kentucky
from Virginia. He was the first Presbyterian preacher in
the District, an earnest man, and well educated for that
day, being a graduate of Nassau Hall, afterward Princeton
At this first meeting, the trustees did little but grow
THE STRUGGLE FOR INDEPENDENCE
more enthusiastic concerning the advantages of education.
Their uncultivated lands gave them no money with which
either to buy a schoolhouse or to pay teachers. Two
years later, however, the seminary was opened at the
home of the chairman, near Danville, and, in 1788, it was
removed to Lexington. Before long, theological differ-
ences arose in the school, and, in 1796, the Presbyterians
withdrew their support and established Kentucky Acad-
emy, at Pisgah. But in 1798 all disagreements were
adjusted, and the rival institutions were united at Lexing-
ton under the name "Transylvania University."
Kentucky's unaided struggle during
the Revolution era.
Her important service to the nation.
Treaty of peace, November 30, 1782,
proclaimed in Kentucky the fol-
High class of immigrants.
Pioneers pass away.
New names appear in public affairs.
Kentucky District established, 1783.
Samuel McDowell and George Muter.
Floyd, Daniel, and May murdered by
Court opened at Harrodsburg.
Removed to Crow's Station.
Characteristics of Danville.
Prosperity in the District.
Louisville's flourishing condition
Wilkinson's arrival in Kentucky.
Lexington's substantial position.
John Filson comes to Kentucky.
Filson's first history of the region.
Transylvania Seminary established
Becomes Transylvania University.
BEGINNING OF THE STRUGGLE, 1 784-1 786
The security of the Kentuckians was beginning to be
disturbed. The country which the Americans wrested
from Great Britain consisted of the Atlantic Military
States, extending from Canada to the thirty- g^^f^j^^^gf
first degree of latitude, and Kentucky and the
Illinois country, which the pioneers had won. Off in the
Northwest, — far away then, but now at the very threshold
of that vast region, which has become thickly settled, — at
and about Detroit, the British still held the military sta-
tions which they had gained from the French. In their
treaty of peace with the United States the British had
promised to surrender these posts ; but, because of cer-
tain complications, they now refused to comply with their
When the news of this fact reached Kentucky, great
fears of Indian hostilities were felt. We have learned that
the Indians had been instigated to attacks Indian
upon the Kentuckians by the British. If the hostilities
^ -' anticipated
British still held stations in America, then the
Indians would still be urged to warfare. Virginia was far
away from Kentucky — too far to send her assistance in
time of trouble. But as Kentucky was not independent,
no military expedition could be undertaken beyond the
borders of the District unless so ordered by the Virginia
6o THE STRUGGLE FOR INDEPENDENCE
government. The question of asking for separation from
Virginia was continually discussed.
The Congress of the Confederation of States did not
advise any attempt to exterminate the Indians; but rec-
causes of In- ommended a peaceful course of action toward
dian hostilities ^^i^^^ -p^ ^-j^^jg q^^^ commissioners were ap-
pointed to treat with the various tribes to induce them to
recognize the authority of the victorious States. But cer-
tain Indians on the east of the Miami River, who had been
induced against their will to enter into a treaty, still re-
tained their animosity toward the Kentuckians ; and certain
others farther to the west, who had never entered into
any treaty, were likewise inflamed at the thought of the
Americans possessing their lands. Furthermore, law-
less men in Kentucky, who believed there could be no
good in any Indian and that it was never wqW to let
one live, would sometimes kill those that were harmless.
The revengeful savages retaliated by murden-ing innocent
Information came to Colonel Benjamin Logan that a
serious invasion by the Cherokees might be expected.
Meeting of mil- General Clark had been retired. Colonel
itary officers Logan was now the ranking officer of Ken-
tucky. Accordingly, in November, 1784, he called, at
Danville, an informal meeting of the military officers of
the District, to consider the manner of resisting the an-
ticipated attack. This meeting agreed that the Kentucki-
ans must passively await the inroads of the savages, as
they had no authority among themselves to order an expe-
dition into the Indian country in order to repel the inva-
sion. Therefore it was resolved that it would be wise to
call for the election of one delegate from each of the
militia companies in the District, who should meet in con-
BEGINNING OF THE STRUGGLE
vention to consider the subject of seeking independence
As there was no printing press in Kentucky, a circular
address setting forth the facts was many times copied and
distributed among the people. We can picture the Ken-
tuckians, chafing under a sense of restraint as they alertly
listened for the war whoop of the Indians.
At Danville, on December 27, 1784, the first convention
for separation met, and decided by a large majority that
the dano:ers to which the District was subject ^.
^ •'■ First conven-
could be remedied only by its becoming an tionfor
independent State. But the subject as it pre-
sented itself to the people at that time was one of grave
importance. It demanded calm, deliberate action. There-
fore a second convention was called for May 23, 1785.
The second convention duly assembled at Danville and
elected Judge Samuel McDowell president, and Thomas
Todd secretary. The matter
was again presented and con-
sidered with the most earnest
deliberation, and it was again
decided that sepa-
ration was neces-
sary. A petition
to the Virginia Assembly was
prepared as well as an address
to the people of the District.
The former was calm, the
latter inflaming in tone. It
was written by General James
Wilkinson ; he was not a member of the convention, but
.'lis brilliant, florid style had won him the admiration of the
Kentuckians. The convention had full power to apply
tion for inde-
62 THE STRUGGLE FOR INDEPENDENCE
immediately to Virginia for action in the matter ; but with
surprising caution it forbore to do this, and, in order that
the will of the people might be known positively, called
for a third convention to ratify what had already been done.
Kentuckians, when they act individually, are generally im-
pulsive, often hot-tempered and rash in their deeds; when
Prudence of the they act in Concert, they are deliberate, prudent,
Kentuckians ^^^ ^jg^ ^^ their decisions. They are people
of intellect. The individual standing alone acts from
emotion before he has had time to think. The individual
as a part of a body of men cannot act on his own impulse.
Thus opportunity is gained for reason to assert itself and
to assume control. This fact should be borne in mind ; the
truth of it will be proved as we continue.
The third convention assembled in August, 1785, and
elected the same president and secretary that had served
Third conven- i^ the former conventions, — Samuel McDowell
^^°" and Thomas Todd. They were reelected at
each succeeding convention. Wilkinson managed to have
himself elected a member, and now began his scheming,
dazzling career in Kentucky. The calm petition to the
Virginia Assembly was discarded for one he prepared,
"which was less a petition than a demand." The chief
justice of the District, George Muter, and the attorney-
general, Hary Innes, were appointed to present this peti-
tion to the Virginia Assembly.
In spite of the tone of the petition, the State of Vir-
ginia passed an act setting forth the conditions upon which
First act of the Separation might take place. They were
separation ^g follows: Delegates were to be elected to a
fourth convention, which should meet in Danville, Septem-
ber, 1786, to determine whether it was the will of the
people of the District to be erected into an independent
BEGINNING OF THE STRUGGLE 63
State. If such were their will, they were to fix upon a date
later than September i, 1787, when the authority of Vir-
ginia should forever cease. But this was to take place
provided "that prior to the ist day of June, 1787, the
United States in Congress assembled shall consent to the
erection of the said District into an independent State, and
shall agree that the new State shall be admitted into the
The majority of Kentuckians regarded this act of
the Virginia Assembly as reasonable, and submissively
bore the delay in the longed-for separation, court and
But there were others who received it with country parties
opposition, and in whom it caused the greatest irritation.
Of these Wilkinson was the recognized leader. The
party he represented was called the Court party, on
account of the official position of its members. Wilkinson
now offered himself as a candidate for delegate from
Fayette County to the fourth convention. Humphrey
Marshall, a representative of the opposite faction, which
was called the Country party, was the contending candi-
Great excitement prevailed in this county. The elec-
tions were not then conducted as rapidly as they are
to-day, — they lasted five days. On the first day, Wilkin-
son was put forward by his friends to speak to the people.
He urged them to disregard the act of Virginia and to
declare themselves independent at once. Marshall an-
swered him in a sensible, logical speech. Wilkinson's
speech was, as usual, showy and oratorical. The election
closed, and Wilkinson was found to have obtained the
larger number of votes.
The great dreaded Indian invasion did not take place ;
but serious distress was caused throughout the District by
THE STRUGGLE FOR INDEPENDENCE
petty depreciations of small parties of Indians. The Ken-
tuckians complained to Virginia, and Virginia petitioned
Self-protection Congress to raise troops to protect this frontier
authorized region. But at the time about which we are
studying, the Congress of the Confederation of States was
not so powerful a body as the Congress of to-day. It
could do little more than recommend certain measures to
the different States ; it had no ability to cause them to be
carried out. However, Congress granted the Kentuckians
the privilege of protecting themselves.
In accordance with this permission, early in September,
Expeditions ^7^^^ more than one thousand troops collected
at Clarkesville (opposite Louisville), with the
intention of attacking the Wabash Indians liv-
ing in the present State of Indiana. They were organ-
of Clark and
BEGINNING OF THE STRUGGLE
izcd under General George Rogers Clark. Colonel Benja-
min Logan was sent back to Kentucky to raise volunteers
for an expedition against the Shawnee Indians living in
the present State of Ohio. Logan quickly secured four or
five hundred men. With this force he proceeded to the
Indian towns on the Mad River, burned them to the ground,
and took seventy or eighty prisoners. He returned in
twenty days, after a successful expedition. Unfortunately,
General Clark's expedition proved fruitless. The provi-
sions were delayed on their way to Vincennes, where his
troops were stationed. Insubordination took place. The
great general had lost control over the men who served
under him, and many of them deserted.
When the time came for the fourth convention to as-
semble, so many of the delegates were absent with Clark
and Logan that a quorum
could not be obtained.
Those who were at home,
however, met every day, and
adjourned until the following
Postponement January, when
of separation ^j^e ncccssary
number were present. The
condition required by the
Virginia Assembly for the
separation was that prior to
the first day of June, 1787,
the Congress of the United
States should have agreed
to admit the new State into
the Federal Union. It was now too short a time, in
those days of slow travel, for the Kentuckians to take
the necessary steps toward this end. Therefore, they
KENT. HIST. — 5
ee THE STRUGGLE FOR INDEPENDENCE
petitioned the Virginia Assembly to alter that clause in
the act. Their petition was presented by John Marshall
(afterward the great chief justice), who strongly urged his
request. But the Assembly did not see fit to grant it.
Consequently, another act was passed which fixed the time
for the separation to take place as January i, 1789, instead
of September i, 1787.
John Marshall's letter bearing this fact reached Danville
while the convention was still assembled. It is needless
Result of the ^o describe the disappointment it brought the
disappointment Kcntuckians. Virginia had acted as seemed
to her right ; but we can well understand how her long
postponement of the separation might have appeared to
restless men, impatient of delay, like indifference to
their sufferings. Throughout the District, there was a
growing resentment towards Virginia. This was inflamed
by certain ambitious politicians, notably by General Wil-
kinson. But in spite of the passions of some, reason and
dignity controlled the meeting, and it adjourned submissive
to the act of Virginia. Another convention had been
ordered for the following September.
Shortly after this, another incident occurred which led
to further distrust of Virginia's good feeling toward Ken-
virginia tucky : A man was killed by Indians in
misunderstood Lincoln County. Benjamin Logan, the com-
mandant of that county, was absent ; but his brother
quickly raised a company and pursued the murderers into
Tennessee. The Indians were overtaken, several of them
were slain, and the horses they had stolen were captured.
On pushed the victorious Logan and his men, like heroes
of the Round Table, seeking further adventures. They
discovered the trail of another band of Indians, came upon
them, killed seven, and captured their horses and game.
BEGINNING OF THE STRUGGLE
Now it happened that these latter were peaceable tribes
living under a treaty with the United States. Intense
wrath consequently prevailed among the Indians. They
complained to the governor of Virginia, and he directed
the attorney-general of the District, Hary Innes, to take
the necessary steps **to prevent and punish, if possible,
all unjust violences." As this very reasonable direction
was many times repeated it became exaggerated. Thus it
came about that numbers of people in the District hon-
estly believed that Virginia had commanded them not to
protect themselves from the barbarities of the Indians.
The Kentuckians were now about to enter upon a trial
that would reveal their character.
Treaty of peace not fulfilled.
Military posts in the Northwest still
held by Great Britain.
Fears of Indian sieges felt in Ken-
The Indians are aided by the British.
Kentucky's dependent position.
Separation from Virginia discussed.
Miami and other Indians are hostile.
Lawless Kentuckians cause trouble.
Great Indian invasion dreaded.
Colonel Logan's called meeting of
They order an election of delegates
to a convention.
First convention meets at Danville.
Considers separation from Virginia
Another convention called.
.Second convention considers separa-
tion necessary, and prepares a pe-
tition to the Virginia Assembly.
Wilkinson prepares the address to the
The convention shows rare cau-
Character of Kentuckians.
A third convention held.
Virginia passes the first act for sepa-
The act not satisfactory to many
Court and Country parties.
Wilkinson advocates illegal separa-
Congress allows Kentucky to protect
herself from Indian inroads.
Clark's expedition unsuccessful; Lo-
Fourth convention set for Septemr
No quorum obtained.
Meets and adjourns every day until
THE STRUGGLE FOR INDEPENDENCE
Too late then to, comply with the
conditions of the act.
Virginia petitioned to alter the act.
She refuses, but passes another act.
John Marshall informs the convention
of this fact.
Kentuckians grievously disappointed.
Some resent Virginia's course toward
The convention submits.
John Logan's expedition causes trou-
Virginia forbids all unjust violences
Virginia's action is misunderstood i)y
Her good feeling toward Kentucky is
THE SPANISH CONSPIRACY, 1 786-1 788
The southern territory of the United States extended to
the 31st degree of latitude. Below this line the Spanish
still held the dominion they had exercised since the dis-
covery of the continent. In 15 13, Ponce de Spanish
Leon landed on the southeastern coast, and •^o'^^^^o^s
claimed in the name of the Spanish king a region of in-
definite extent, to which he gave the name of Florida.
Here he planted a short-lived colony, composed of men
who had come to drink of the fabulous fountain of immor-
tal youth. Through this region the intrepid and ambitious
De Soto had led his deluded followers in their hopeless
search for gold, only to find his grave in the Mississippi
River. Here the Huguenots had sought refuge from
religious persecutions in France, and here Menendez had
established the first permanent Spanish colony at St.
Augustine, in 1565, years before the English had settled
at Jamestown or the Pilgrim Fathers had landed at Ply-
mouth. It was a land of warmth and beauty, of luxuriant
vegetation, of stagnating civilization. Soon the vigorous
Americans were to drive out their weaker neighbors, but
not before the Spanish king had made an adroit effort
to hold and increase his dominions in the New World.
Spanish possessions lay on both sides of the Missis-
sippi River. The United States demanded the right to
70 THE STRUGGLE FOR INDEPENDENCE
navigate that river. Spain refused to concede this privi-
lege. John Jay, of New York, secretary for foreign
Jay's affairs, was most anxious to conclude a treaty
proposition ^j^j^ Spain. Furthermore, he was ignorant of
the great growth of the Western Country, as Kentucky and
the neighboring region was then called.
In the summer of 1786, he went before
Congress and proposed a "project"
which he hoped would bring about the
desired treaty. It was this : that the
United States should agree to forbear
to navigate the Mississippi below the
southern boundary for twenty or thirty
years. To this, the seven northern
John Jay Statcs votcd in the affirmative, the six
southern States, in the negative ; and
Virginia immediately passed resolutions in opposition to
the proposition. It required the concurrence of nine
States to carry such a motion. Nevertheless, Mr. Jay,
acting upon the decision of the majority, made his proposi-
tion toGardoqui, the Spanish minister; but it was rejected
These transactions took place in far-away New York.
There were only a few citizens in Kentucky who knew of
them shortly after their occurrence. Most of
receptio^/of the the people were in ignorance of the truth con-
TnTess cerning them. Th'e action of Congress was
misrepresented. Already Wilkinson had done
much to inflame the people against the Federal govern-
ment. Excitement in the District was rising to a high
degree. There was no other way of transportation except
by water. Kentucky's present and future prosperity
seemed to depend upon her being able to carry her
THE SPANISH CONSPIRACY 7 1
products on the Ohio River into the Mississippi, and thus
to the markets of the world. It was a subject of vital
importance. A meeting of citizens was held at Danville
in May, 1787, to discuss the navigation question.
In the early summer, Wilkinson gathered together all
the tobacco and other products he could buy, and went to
New Orleans, ostensibly on a trading expedi- The Spanish
dition. His real object, however, was to offer ^'^^^p^''^^^^
his services to Spain in order to restore his now reduced
fortune. If he failed in this effort, his intention was to
turn to England for the same purpose. At New Orleans,
an order was given to seize his cargo; but the cunning
general sought an interview with Miro, the Spanish gov-
ernor of the province. He explained his visit. Then he
was treated with the utmost courtesy. He was allowed to
sell his goods, for which a high price was paid ; and per-
mission was granted to him to ship goods to New Orleans
The evidence g6es to prove that then and there Wilkin-
son sold himself to Spain. ^ He bound himself to use all
the influence in his power (and that influence was great)
"to obtain the separation of Kentucky from the United
States, and then to deliver the District thus separated into
the hands of his Majesty the King of Spain, to become a
province of that power." All privileges of trade were
granted to Wilkinson, in order that he might prove to the
people of Kentucky the advantages they would obtain by
becoming Spanish subjects. A large sum of money was
now advanced to him, and in the following February he
returned to Lexington, to display the success of his trading
venture, in a carriage drawn by four horses, and accom-
* The Spanish Conspiracy. By Thomas Marshall Green.
THE STRUGGLE FOR INDEPENDENCE
panied by slaves as attendants. He gave brilliant balls,
and the young people danced and praised the gallant host ;
• ^Z'' '^^■^:^l-,V^ sfe-^*^/-S* ,^^^f ■ ■
Wilkinson's Return to Lexington
he gave fine dinners, and in the midst of the good cheer
and flashing conversation the older men applauded the cap-
In the meantime, a most notable undertaking had been
accomplished. On the i8th day of August, 1787, John and
TheKentucke Fielding Bradford issued at Lexington the first
Gazette newspaper published in Kentucky, and the sec-
ond west of the Alleghanies, to which they gave the name
Keiitncke Gazette. Accustomed as we are to a multiplicity of
journals containing a wide range of information, it is hard for
us to realize the general satisfaction and rejoicing occasioned
by the appearance of this meager, quaint little sheet, still
reverently preserved in the public library at Lexington.
THE SPANISH CONSPIRACY
The fifth con
During Wilkinson's absence, the fifth convention assem-
bled, September 17, 1787. It held a quiet session, and ad-
journed submissive to the act of Virginia, after having pre-
pared a petition to Congress,
in which the 31st of Decem-
ber, 1788, was fixed upon as
the time when the authority of
Virginia over Kentucky should
people of the Dis-
trict were now informed of
the proceedings of the con-
vention through the columns
of the Gazette.
John Brown was COmmis- Early printing Press
sioned to present to Congress Kentucky's application
for admission into the Confederation of States, by which
name the thirteen original colonies were at
first called. John Brown,^ the son of a Pres-
byterian clergyman of Augusta County, Virginia, had
come to Kentucky in 1783, the year which brought
over so many men who acted important parts in the
public affairs of the period. He had been a member
from the District in the Virginia Senate, and was
now going to take his seat in Congress, to which
he had just been appointed. Unfortunately, no quorum
in Congress was obtained until late in January, 1788.
Kentucky's application was not presented until the 29th
From the opening of Congress the absorbing interest had
been the question of the adoption of the new Federal consti-
^ The Political Beginnings of Kentucky. By John Mason Brown.
74 THE STRUGGLE FOR INDEPENDENCE
tution, which had recently been prepared and offered to the
Constitution several States to be voted upon. It was a topic
adopted of deep importance. If this constitution were
adopted, — its supporters wisely foresaw, — a new, strong
Union would be established in place of the old, weak
Confederation then existing. No attention was paid to
Kentucky's application until the end of May. While
Congress was slowly considering this all-important matter
for Kentucky, news was received that New Hampshire
had voted in favor of the constitution. Nine States —
enough to cause its adoption — were now secured, and
Virginia was soon to add her ratification. Of the Ken-
tucky delegates in the Virginia Assembly only three voted
in the affirmative. They were Robert Breckinridge, Rice
Bullock, and Humphrey Marshall.
In Kentucky the new constitution did not meet with
hearty acceptance. This fact was due to a misapprehen-
The Political ^ion of the situation. The people were afraid
^^^^ that if a stronger central government were es-
tablished, their right to the navigation of the Mississippi
would be bartered away in order to secure a treaty with
Spain. The different points contained in it were freely
discussed, night after night, at the meetings of the Politi-
cal Club, an organization that was founded in Danville
in 1786, and existed until 1790. Many of the prominent
citizens of the neighborhood were members of the club,
and matters of vital interest to the District were considered
by them with an ability that proves the Kentuckians of
that time to have been a remarkable people. The minutes
of the club, which were carefully preserved by the secre-
tary, Thomas Speed, have recently been published.
^ The Political Club. By Thomas .Speed. Eilsun Club Publication No. 9.
THE SPANISH CONSPIRACY 75
As the new constitution was now adopted, the Congress
of the old Confederation, then in session, resolved that it
had no authority to act upon the application ^
of Kentucky. It was therefore referred to the fenedtonew
consideration of the new government. The
resolutions were conveyed to the sixth convention, assem-
bled at Danville, July 28, 1788. About the same time, a
letter was received by Judge Samuel McDowell, the presi-
dent of the convention, from John Brown, the congress-
man, which contained information concerning the act of
Congress, and also an account of an interview Brown had
had with Gardoqui, the Spanish minister. In this conver-
sation the Spaniard had " stated that if the people of
Kentucky would erect themselves into an independent
State and appoint a proper person to negotiate with him,
he had authority for that purpose, and would enter into
an arrangement with them for the exportation of their
produce to New Orleans on terms of mutual advantage."
It is not surprising that the acts of Congress created the
utmost disappointment in Kentucky, after the tedious, now
useless efforts which had been made to obtain Three classes
independence. They did more, — they height- 1° Kentucky
ened the resentment of some of the people, and increased
their doubt of the good disposition of the central govern-
ment toward them. The northern States had been indif-
ferent to the welfare of the Western Country, and there
were many disinterested though unwise men in Kentucky,
who were exasperated at the slow action of Congress in
their affairs. Recognizing the necessity of the District's
becoming an independent State, and the value of the per-
mission to navigate the Mississippi River, they were will-
ing to resort to revolutionary means in order to obtain
these advantages. But there were others who had no
J^i THE STRUGGLE FOR INDEPENDENCE
thought of the good of the community, and acted solely
from selfish interest. Whatever conflicting views may be
held regarding the motives of some during this most con-
fusing period, there can be no doubt of the falsity of Wil-
kinson and Sebastian, — they are self-convicted. There
was another class, to whom too much honor cannot be
given, — those who in the midst of the excited passions of
the time remained loyal to the government of the United
States. The two former classes belonged to the Court
party ; the latter, to the Country party.
Still that controlling spirit of wise moderation (which
has been pointed out in the second chapter of this period)
held the convention back from any rash act.
Temper of the •>
sixth conven- However, as an outgrowth of the prevailing
excitement, it called for the election of dele-
gates to a seventh convention, who should be empowered
" to do and accomplish whatever, on a consideration of
the state of the District, may in their opinion promote its
interest." Now was Wilkinson's opportunity to lead the
people to believe that it would " promote their interests "
to become Spanish subjects; but like all schemers he
worked slyly, never openly.
Before the election of delegates to the seventh conven-
tion, George Muter, chief justice of the District, published
Judge Muter's ii^ the Gazette 'd.xv address to the people. He
address proved that they had no authority to act for
themselves independently of Virginia, and that by so doing
they would be guilty of treason. He pointed out the evi-
dent meaning of the resolution of the late convention. He
showed that it clearly gave to the delegates of the next
convention power to treat with Spain to obtain the naviga-
tion of the Mississippi. He proved that such action would
be contrary to the Federal constitution, and he therefore
THE SPANISH CONSPIRACY 77
suggested to the people of Fayette County that they should
instruct their next delegates not to agree to frame a con-
stitution and form of government without .first obtaining
the consent of the Virginia legislature and not to make
any application for the navigation of the Mississippi other
than to the legislature of Virginia or to the Congress of
the United States.
This had the desired effect. The contest in the other
counties was quiet ; but in Fayette it was attended by great
excitement. As usual, the election lasted five The Fayette
days. It became evident that the Country election
party was going to be completely victorious. The ever
adroit Wilkinson, one of the candidates of the Court party,
perceived the situation, and promptly announced that he
would be guided in voting in the convention by the wishes
of his constituents. This promise and his great popularity
secured his election, while his associates were defeated.
The other four delegates chosen were John Allen, Colonel
Joseph Crockett, Colonel Thomas Marshall, and Judge
The seventh convention assembled November 4, 1788.
The most vital question in the life of Kentucky was about
to be decided : whether she should determine seventh
to submit to the recent act of Congress and convention
take the necessary legal steps to obtain her separation
from Virginia and admittance into the Union, or whether
she should determine to separate herself illegally from
Virginia and erect herself into an independent State. If
the latter course were followed, the Spanish government
had a good chance to obtain control of Kentucky.
The forces in the convention were drawn up against
each other. Let it not be supposed, however, that all
those who favored violent separation from Virginia knew
78 THE STRUGGLE FOR INDEPENDENCE
of, or sympathized with, Wilkinson's scheme to make
Kentucky a Spanish province. At the outset a discussion
arose as to the power which the convention possessed.
The Court party contended that it had all power necessary
to frame a constitution, to declare the District independent,
etc. The Country party, on the contrary, strongly opposed
every argument of this nature.
Upon the day following this discussion Wilkinson made
a speech before the convention. He dwelt feelingly upon
Wilkinson's the dangers of Indian hostilities, and described
speech brilliantly the advantages of the navigation of
the Mississippi River, and pointed out the inability of Con-
gress to obtain for Kentucky this benefit. He openly
advocated the violent separation of Kentucky from Vir-
ginia ; but he only hinted at his real scheme, — to deliver
Kentucky when thus separated into the hands of the
Spanish government. And all the while he watched the
faces of his hearers to see what effect his adroit sugges-
tions would have upon them. If he discovered satisfac-
tion on their countenances, he would go further and declare
his plan ; if he discovered disapproval, he had not com-
mitted himself in words, and he could yet retreat.
The majority of the convention were not only indisposed
to listen to any overtures from Spain, but they were de-
Loyaityofthe cidedly loyal to the government of the United
convention States, and opposed to an illegal separation
from Virginia. Wilkinson misunderstood the Kentuckians.
They applauded his showy oratory, but they were independ-
ent in action and stanch in principle. They were thor-
oughly aroused to an appreciation of the dangers which
might arise from their dependent position, and of the fatal
results of the Mississippi being closed to them. And yet
they nobly resisted the temptation of benefits offered to
THE SPANISH CONSPIRACY 79
them by Spain, and remained loyal to the country for
which they had fought, and had been ready to give their
In the revulsion of feeling created by the sentiments
thus boldly advocated by Wilkinson a resolution, offered
by John Edwards and seconded by Thomas Turning point
Marshall, was agreed to, which proved to be ^^ *^® contest
the turning point in the contest. The resolution provided
for the appointment of " a committee to draw up a decent
and respectful address to the people of Virginia, for ob-
taining the independence of the District of Kentucky
agreeable to the late resolutions and recommendations of
But even after this decisive indication of the loyal feel-
ing of the convention had been given, other efforts were
made by the opposite faction to carry their
object. Before the ''decent and respectful" of the court
address was accepted, Wilkinson offered a
resolution that a committee be appointed to draft an ad-
dress to the good people of the District urging them to
furnish the convention at its next session with instruction
how to proceed in this important subject of an independent
This resolution was adopted, greatly to the fears of the
party opposing illegal separation. Whereupon, Colonel
Crockett, lately an officer of the Revolution patriotism
and a stanch adherent of the Union, left the triumphs
convention and hastened to Fayette County. He returned
in two days, having obtained the signatures of several
hundred citizens who were opposed to an illegal separa-
tion. Wilkinson, who had given his promise to be guided
by the will of his constituents, was obliged to submit.
Patriotism carried the day. The address to the Virginia
THE STRUGGLE FOR INDEPENDENCE
Assembly was accepted, and the convention adjourned to
meet again the following July.
This was the crisis in the life of Kentucky. It has been
dwelt upon thus at length because no other event in her
history so clearly reveals the character of the
Loyalty ■' ■'
characteristic people. Let every one who studies this subject
en uc y jg^j-j^ <(^^'^ \^^ |-]^g midst of high excitement the
Kentuckians acted deliberately and soberly ; in the midst
of strong temptations they acted wisely and patriotically.
Let him also learn that in Kentucky every individual has
weight. Although Wilkinson did not abandon his scheme
to separate Kentucky from the United States, and although
his friend, Sebastian, after this received a pension from
Spain for his efforts in that work, yet there was no further
danger that Kentucky would become disloyal to the Union.
Spanish possessions in America.
Spain desires to hold the region.
Owns both sides of the Mississippi
below the 31st degree of latitude.
Refuses navigation to the Ameri-
" Jay's project."
Action of Congress on the subject
The navigation necessary to Ken-
Excitement in the District.
Meeting of citizens at Danville.
Wilkinson goes to New Orleans.
Allies himself with Spain.
Right of trade, etc., granted him.
He returns in state to impress the
Kentucke Gazette established.
Fifth convention holds a quiet session.
Fixes the time for separation.
Proceedings published in the Gazette.
John Brown, congressman of the Dis-
He presents Kentucky's petition.
Congress is absorbed in other mat-
Pays no attention to the petition.
New P^deral constitution adopted.
The petition is brought before the
Is referred to the new Congress.
The sixth convention is informed of
Brown's letter to McDowell,
Gardoqui's proposition to Kentucky.
Kentucky distracted because of her
Two classes in the Court party.
The Country party loyal.
THE SPANISH CONSriRACY
Wilkinson an<l Sebastian.
The convention moderate in action.
Dangerous resolutions are adopted.
Muter's card points out the meaning
of the resolutions.
Effect upon the election in Fayette
Wilkinson's promise and election.
The vital question before the seventh
Illegal separation advocated.
KENT. HIST. — 6
Wilkinson's adroit speech.
Convention opposed to his sugges-
Contrary resolutions carried.
Wilkinson's further effort.
Crockett's petition from Fayette
Wilkinson obliged to submit.
Victory of the loyal party.
Kentucky's sober conduct.
The people control.
THE END OF THE STRUGGLE, 1788- 1792
Still the struggle for statehood was not ended. No-
where was there any official opposition to Kentucky's be-
statehood not coming an independent member of the Union,
yet attained neither within the District, in the Virginia
Assembly, nor in the Congress of the United States. And
yet, by some strange enchantment, it seemed impossible to
accomplish the desired end. The fruitless conventions have
been compared to '* the card edifices of children which are
no sooner erected than, at a breath, they are destroyed."
No parallel occurs in history of such exasperating, need-
less delay in a worthy cause. The annals of history may
be searched in vain, also, to find a parallel to the patience
with which the high-spirited Kentuckians bore these trials,
and to the loyalty which they cherished toward the govern-
ment of their country. Kentucky's situation was isolated ;
.but the deep excitement which prevailed in the District
concerning the separation and the navigation of the Mis-
sissippi was known abroad.
In the autumn of 1788, Dr. John Connolly appeared in
Kentucky. He was the same Connolly for whom, in 1773,
British lands had been surveyed at the Falls of the
intrigue Ohio, where the city of Louisville now stands.
He announced that he came to look after these lands, of
which he had been deprived because he was a Tory. But in
reality he was a British agent. His mission was to induce
THE END OF THE STRUGGLE 83
Kentucky to withdraw from the Union and to throw her-
self upon the protection of Great Britain, who would assist
her with troops, ammunition, etc., to take possession of
New Orleans, and thus to force the navigation of the
Mississippi from Spain by arms.
The fertile Kentucky country and the vast West con-
nected with it were objects of desire to foreign kingdoms.
Already it had been known to the people of the District
that Great Britain stood ready with open arms to receive
them. Connolly visited many prominent men in Louisville,
and then went to Fayette County, where he held an inter-
view with Colonel Thomas Marshall, a few days after the
exciting seventh convention (November, 1788). But
Marshall was strongly attached to the Federal government
and a friend of Washington, the President elect of the
United States. Dr. Connolly met with no encouragement,
and the British intrigue came to an end.
Still other acts were to be passed by the Virginia legisla-
ture, and further conventions held in Kentucky, before the
weary work of separation was over. The eighth other conven-
convention, which assembled July 20, 1789, ^^°°^
objected to certain points in the third act of Virginia. A
fourth act was then passed. To this, the ninth conven-
tion, assembled July 26, 1790, agreed, and fixed the ist
day of June, 1792, as the date when the separation should
take place. This convention called for the election of
delegates to a tenth convention.
Other acts regarding Kentucky were also passed by the
Virginia legislature about this time. One sixth part of
the surveyors' fees, formerly paid to William
and Mary College (Virginia), were ordered to the Virginia
be paid to Transylvania Seminary. Also the ^^^™ ^
county of Woodford was established, the last of the nine
84 THE STRUGGLE FOR INDEPENDENCE
formed while Kentucky was a District. They were in
order: Fayette, Jefferson, Lincoln, Nelson, Bourbon,
Mercer, Madison, Mason, and Woodford.
The last towns established during the colonial period
were Bardstown and Hopewell. The latter was settled
as Houston's Station, in 1776. In 1790, the name was
changed to Paris. To-day it is the thriving center of the
wealthy county of Bourbon. Many prominent men lived
in and about Bardstown in the early times. There, in the
cemetery, is the grave of poor John Fitch (bearing the
date of his death, 1798), whose name is so pathetically
connected with the invention of the steamboat. The town
and surrounding neighborhood were settled largely by
Maryland Catholics at the close of the Revolution. They
were people of culture, and they have held the region to
the present day, planting in it their institutions of learn-
ing and religion. Thither fled Trappist monks from
France, who founded the " Home of the Silent Brother-
hood." Near by the pious Sisters of Loretto dwell in
their convent of the Stricken Heart.
The Presbyterians in Kentucky have already been dwelt
upon. The Baptists entered Kentucky in the very begin-
Eariy religious ^^^S ^f its settlement. The Rev. William
denominations Hickman preached here as early as 1776;
but it was not until 1781 that there existed an organized
church. In September of that year, the Rev. Lewis
Craig, and most of his congregation, left Spottsylvania
County, Virginia, for Kentucky.^ As they traveled, they
stopped occasionally on the way to hold regular services.
Thus they entered the District as an organized church.
' Other immigrants liaJ attached themselves to the expedition. There
were in all between five and six hundred. TAe Traveling Churchy by George
THE END OF THE STRUGGLE
The next in point of time were the Methodists, whose
evangelistic spirit early led them forth to preach the Gos-
pel in the new country. The Episcopalians had no church
until many years after the District had become a State.
That large and ever increasing denomination known under
the broad appellation the Christian church had not yet
taken its rise.
Again the depressing account of Indian depredations
must be continued. The people of the District had left
the protection of the
forts, and were now liv-
ing in separated homes.
The Indians no longer
came in large numbers,
but small parties would
fall upon and murder
Indian single indi-
depredations viduals, or
several traveling to-
gether. Men hunting
game for their families
were attacked. Men and
women calmly going to
church were killed or
captured. Tragedies Captured on the way to Church
upon the Ohio River were especially frequent. Boats
bearing travelers from, or settlers into, the District were
seized, and the occupants were subjected to the most cruel
tortures. Far and wide rang the cry of these distressing
facts. Complaints were made to the President of the
United States and to the secretary of war. In answer,
the President assured the people that measures for their
protection would be taken ; and the secretary of war
THE STRUGGLE FOR INDEPENDENCE
authorized the county lieutenants to call out scouts to
guard the frontier.
At last the
government of the United
States had learned that
treaties with Indians were
of no avail, and that the only way to subdue them was to
carry war home to them in their own country. General
Harmar was now placed at the head of three hundred and
THE END OF THE STRUGGLE 8/
twenty regulars of the United States army. Soon a force
amounting to more than eleven hundred volunteers was
collected in Kentucky, under Colonel John Hardin. These
troops assembled at Fo"rt Washington (where Cincinnati now
stands), September 30, 1790, and marched to Harmar's
the towns of the Miami Indians. Harmar had ^®^®^^
been an officer in the Revolution ; but he seems to have
lost his military ability upon this expedition. He might
have overawed and conquered the Indians by meeting
them with his whole body of troops. But instead of doing
this, twice he sent out small detachments, each time under
the command of Colonel Hardin, and each time these were
surprised and almost completely destroyed ; while not far
away, the larger portion of the army remained calmly in
camp. Harmar's defeat lost him his reputation, and made
the Indians exultant and consequently more murderous
toward the Kentuckians.
Between the years 1783 and 1790, about fifteen hundred
persons had been killed or taken captive within the Dis-
trict, or on their way to it. Further efforts Local Board of
were made to stop such tragedies. A local ^^^
Board of War was appointed by Congress, which should
have charge of the protection of the District. The men
chosen for this position of trust were Colonel Isaac Shelby,
the man who had turned the tide at Point Pleasant,
and who had planned the scheme of attack which led to
the decisive victory at King's Mountain ; General Charles
Scott, also a tried officer of the Revolution ; Hary Innes,
formerly attorney-general of the District, now judge of the
Federal court ; Congressman John Brown ; and Benjamin
Logan, well known to us as a pioneer.
About this time General Arthur St. Clair, then governor
of the Northwestern Territory, was appointed commander
88 THE STRUGGLE FOR INDEPENDENCE
in chief of the army of the Northwest. Another expe-
dition against the Miami Indians was planned. As a
preparation for this serious undertaking two g^ ciair's ap-
small, but successful, expeditions against the pointment
Wabash Indians were arranged by the local Board of
War, — the first under General Charles Scott, the second
led by Colonel James Wilkinson. Their object was to
subdue these Indians, so that they would not aid the
Miami tribes. General St. Clair's appointment was not
agreeable to the Kentuckians. While he was an honor-
able man and a brave officer, he was old and infirm, and
altogether unfitted for the projected campaign against the
most formidable of Indian confederations. No volunteers
offered in Kentucky. Therefore, one thousand unwilling
men were drafted and placed under the command of
Colonel William Oldham. Many of these deserted before
reaching their destination.
St. Clair was not aided by the government as he might
have been.^ By the day of the battle not more than four-
teen hundred men remained g^ ciair's de-
in his army. Of these only *®^*
a small portion were regulars. The rest
were dissatisfied, undisciplined troops,
with whom a very capable leader would
have found victory difficult. With St.
Clair defeat was inevitable. On the 3d
of November, 1791, the army was en-
Arthur St. Clair camped on the eastern fork of the
Wabash River. During the afternoon and evening,
Indians were discovered in the vicinity, and were fre-
quently shot at by the sentinels. St. Clair had been
1 Si. Clair's Defeat. By Hon. Theodore Roosevelt. Harper's Magazine,
THE END OF THE STRUGGLE 89
expressly warned by Washington against a surprise, and
yet he made no preparation for an attack. Consequently,
just after sunrise, the next morning, when the Indians
opened fire upon the army, there was the old story of a
surprise, with all the panic and slaughter which usually
follow. St. Clair and General Richard Butler, the second
in command, courageously tried to rally their men, but in
vain. The Indians were so hidden by the smoke of the
artillery of the whites that they could not be seen. They
seemed suddenly to spring out of the earth to shoot down
the foe, and then to disappear. Most of the officers
(among them, General Butler) were killed, and about two
thirds of the army. Then only one thought inspired the
rest, — every man made a mad rush to save his own life,
and the Indians followed in close pursuit.
The previous February, the Congress of the United
States had agreed to admit Kentucky into the Union as
an independent State, June i, 1792. Accord- constitutional
ingly, April 3, 1792, the tenth and last conven- convention
tion assembled at Danville, as usual, to form a constitution
for the new Commonwealth. The convention was com-
posed of five delegates from each of the nine counties then
existing. The majority of them were very able men ; many
of them had served repeatedly in former conventions. The
constitution was modeled after the recently launched Fed-
The government was organized under three heads, —
legislative, executive, and judicial. The legislative power
was vested in a General Assembly, consisting Features of the
of a Senate and a House of Representatives, constitution
The senators were chosen for four years by a college
of electors. The representatives were chosen for one
year, and were elected by the peo]:)le. The executive
THE STRUGGLE FOR INDErENDENCE
power was vested in a governor, who was likewise chosen
for four years by the college of electors. The judicial
power was vested in a supreme court and inferior courts,
which the legislature might from time to time establish.
The judges of the supreme court and of the inferior courts
were nominated with the consent of the Senate, were ap-
pointed by the governor, and held office during good
behavior. Elections were made by ballot, and the right
of suffrage was granted to every free male white inhabi-
tant of the State, of the proper age, who had not been dis-
franchised by conviction of crime. Ministers were not
allowed to hold any legislative office. No point in the
document is more worthy of note than the fact that com-
merce in slaves was prohibited. While the provision was
made that the legislature could not emancipate slaves
without the consent of their owners, yet the power was
given to that body to force the owners of slaves to provide
properly for them, and to treat them with humanity.
'* Immediately after the adoption of the constitution.
Colonel Isaac Shelby was elected governor. In him the
State secured an admi- ,
rable chief magistrate, the first
The people could not ^^^'^^^^^
have chosen better. He was a
Marylander, who became, in his
early manhood, a citizen of what
is now Tennessee (then a part of
North Carolina). He did brilliant
service in the battle of Point
Pleasant, in October, 1 774. After-
wards, in North Carolina, he
played a most gallant part in small
expeditions, but especially in remedying the ruin that the
THE END OF THE STRUGGLE
defeat of Gates at Camden broiipjht iipcm the continental
cause. When others were appalled by the magnitude of
this disaster, Shelby seemed to awake to a full sense of
his really great military power. He saved a little army
he then commanded, and secured a large number of
prisoners in his hands by a swift mafch to the west into
the recesses of the Blue Ridge Mountains. Then, when
he had disposed of his captives, he turned upon the famous
Battle of King's Mountain
Ferguson, and by the well-conceived and admirably exe-
cuted move on King's Mountain, destroyed the force of
that able commander at a single blow. Although Shelby
was not in name the chief in this action, there is no reason
to doubt that the conception of the campaign and the
vigor of its execution were his alone. His also was the
scheme of attack which led to the battle of Cowpens. He
went to Kentucky in 1783, where he married and re
THE STRUGGLE FOR INDEPENDENCE
mained, laking part in the early striip;j;les for emancipa-
tion from Virginia's control. As brave in action as he was
wise in council, his choice as the first governor was an
honor and a blessing to the young Commonwealth." ^
Statehood not yet attained.
The fact known abroad.
A British agent sent to Kentucky.
The bribe ready for Kentucky.
The intrigue disclosed to Colonel
The end of the intrigue.
Eighth convention rejects the third
act of Virginia.
Ninth convention agrees to the fourth
Date for separation fixed.
Tenth convention called.
The counties of the colonial era.
Roman Catholic occupation.
Baptists in Kentucky.
"The Traveling Church."
Troubles from Indians again.
Treaties with Indians of no avail.
An expedition against the Miamis
Force sent from Kentucky.
Indians more belligerent than ever.
Local Board of War appointed.
St. Clair's appointment.
Dissatisfaction of Kentuckians.
Kentucky troops are drafted.
Expedition against the Miami Indians.
St. Clair's overwhelming defeat.
Kentucky admitted into the Union.
State constitution framed.
Resembles the Federal constitution.
Legislative, executive, and judicial
Commerce in slaves prohibited.
Isaac Shelby chosen governor.
His military and civil services and fit-
ness for the position.
' The above quotation is taken from Professor Shaler's scholarly study
Kentucky in the American Commonwealth Series.
HI — FOUNDING OF THE COMMON-
ORGANIZATION OF THE GOVERNMENT, 1 792-1 796
The years of weary waiting were over at last, and the
government of the new Commonwealth was about to be
organized. On the morning of the 4th of Lexington the
June, 1792, the town of Lexington — ap- ^''* "^^^'^^^
pointed to be the first capital of the State — was stirred
with eager anticipation. The day before, Isaac Shelby had
left his country place in Lincoln County and started on his
journey to assume the duties of governor. At Danville the
citizens poured forth to offer their congratulations in an ad-
dress which had been prepared for the occasion. On the
way, Shelby was met by a company of volunteer troops,
which had been sent out from Lexington to conduct him
into the capital. From various parts of the State, stran-
gers had come to witness the ceremonies of the inaugura-
tion. The people were all in the streets, arrayed in their
best attire. There was a generous mingling of broadcloth
costumes and buckskin, of imported silk and homespun
FOUNDING OF THE COMMONWEALTH
As the procession neared the town, loud cheers arose,
which were somewhat drowned by the firing of a cannon,
The inaug- the cracking of rifles, and the beating of drums,
uration ^^ ^^^ corner of Main Street and Broadway
the governor was received with miUtary honors by the Lex-
ington Light Infantry. There he alighted from his horse
to receive the address of welcome which was presented to
him by the chairman of the town Board of Trustees,
John Bradford, otherwise "Old Wisdom," who has already
been introduced to us as editor of the Ke)itiickc Gazette.
Courtly formality and homely simplicity met in the un-
ORGANIZATION OF THE GOVERNMENT 95
paved public square. The oath of office was adminis-
tered to the governor. Then, with the same stateliness and
military parade that had characterized the entire proceed-
ing, he was escorted to his chambers to rest at the Sheaf of
Wheat inn, while the enthusiasm of the citizens continued
and the bells of the town broke forth in joyous acclamation.
Later in the day, the governor sent his reply to the
address of welcome and, at the same time, announced his
appointments for secretary of state and attor- state
ney-general. James Brown, selected for the ^pp^^''*"^"*'
former ofThce, afterwards served repeatedly in the United
States Senate and ably filled the high position of minister
to France. George Nicholas, appointed to the latter office,
was one of the brilliant Virginians who had sought Ken-
tucky at the close of the Revolution. He was a truly
great lawyer. His career here was as successful as it was
short. He settled near Danville in 1788, and died in
Lexington in 1799.
The legislature assembled and chose the speakers of
the two houses, — Alexander Scott Bullitt, for the Senate,
and Robert Breckinridge, for the House of Legislature
Representatives. On the sixth day, the gover- assembles
nor met the legislature in person, after the ancient custom
of English kings which had been followed by the colonial
governors. He appeared at the door of the Senate cham-
ber of the first log statehouse, attended by his secretary
of state. The speaker of the Senate advanced to meet
him to conduct him to his seat. After a moment of
solemn silence, he arose, read an address to the two
Houses, and presented a manuscript copy to each of
the speakers, and then retired in an impressive manner.
The speaker of the House of Representatives and the
members thereof likewise retired to transact business in
FOUNDING OF THE COMMONWEALTH
Ihcir own hall. The legislature elected two United States
senators, — ^ John Brown, who had already represented Ken-
tucky in the old Congress, and John Edwards. The
House of Representatives elected five commissioners to
fix upon a permanent seat of government.
The court of ap-
peals consisted of three
judges. The persons
appointed judges ap-
by the gov- p^^'^^^^
ernor for this dignified
position were Caleb
Wallace, another able
Virginia lawyer who
had risen to high stand-
ing in Kentucky ; Ben-
jamin Sebastian, the
same who had entered
into the Spanish con-
spiracy, but whose
treason was not then
suspected ; and Hary
Innes, who was se-
lected to be chief justice. Innes declined, however, in
order to receive the office of United States district judge,
and George Muter was appointed in his stead.
On the 22d of December, 1792, the second session of
the first Kentucky legislature adjourned, to hold no more
Frankfort the meetings in Lexington. The commissioners
naiTf^the '^^" ^^^ selected Frankfort as the permanent cap-
state ital of the State. Nestled in the midst of
hills, on the banks of the Kentucky River, Frankfort had
certainly the advantage of a picturesque situation. A
ORGANIZATION OF THE GOVERNMENT
private dwellini;' was employed as a temporary statehouse
while a permanent stone building was being erected.
This was occupied November 3, 1794. A governor's
mansion was likewise built.
The Indians were not yet subdued and still continued to
harass the Kentuckians. Major John Adair, with about
one hundred Kentucky militia, after a gallant Military
fight at Fort St. Clair, in Ohio, was defeated by ^^^^'^
a large body of Indians under Little Turtle. Colonel
John Hardin and Major Truman were sent by General
James Wilkinson on a mission to the Indians in northwest
Ohio, and both were murdered. Boats were continually
waylaid, and isolated frontier stations were attacked.
After his disastrous defeat. General St. Clair retired from
the command of the armies of the Northwest, and General
Wayne, known as " Mad Anthony,"
was appointed to that position. Gen-
eral Wayne called upon Kentucky
for volunteers; but the Kentuckians
had lost confidence in regular troops,
because of the defeats of Harmar
and St. Clair, and none offered. Gov-
ernor Shelby ordered a draft, and in
this way one thousand mounted mili-
tiamen were raised and placed under
General Charles Scott's command.
They joined General Wayne, October
24, 1793, at his headquarters, about eighty miles north of
Cincinnati. Because of the approach of winter, however,
t"lie commander in chief decided not to prosecute the pro-
posed campaign at that time. Fort Greenville was built,
and the regular troops went into winter quarters, while the
Kentucky militia were dismissed. One benefit had been
KENT. HIST. — 7
FOUNDING OF THE COMMONWEALTH
obtained : General Wayne's military ability had inspired
the Kentuckians with confidence.
Two issues ran side by side in the State and divided the
thoughts of the people : the cessation of their Indian
troubles, and the navigation of the Mississippi
River. For years there had been many poli-
ticians in Kentucky who believed that these benefits might
have been obtained for them, if Congress had not been
indifferent to their welfare. Great animosity was felt
toward England, which still held the military posts in
the Northwest, and toward Spain, which had closed to
them the Mississippi.
In 1793, news reached Kentucky that France had de-
clared war against Eng-
land, Spain, and Holland.
The further fact was made
known that the President
had refused to enter into
an alliance with France.
Washington knew that
war at this time would
be disastrous to the
United States. He stood
firm on this point through
that marvelous, calm
foresight which con-
trolled all his actions.
But the majority of the
people of the United
States sympathized with
France, who had so re-
cently aided them in their conflict with Great Britain.
Nowhere was this attachment more ardent than in Ken-
ORGANIZATION OF THE GOVERNMENT 99
tucky. Nevertheless, as is invariably the case, there was
a division of sentiment.
Those who adhered to the policy of the government of
the United States were called Federalists ; those who were
opposed to it were called either Anti-Federal- ^ ',. ,
^ ^ Federalists and
ists, or Republicans, and later, Democrats. At Anti-
Lexington there was organized a Democratic
Club, — an outgrowth of the one already established at
Philadelphia, which was modeled on the Jacobin clubs of
France. Others sprang up at Georgetown and Paris.
In Kentucky the horrors of the French Revolution were
still unknown. It represented only an inspiring movement
toward liberty. The tone of the Lexington society is indi-
cated by the following resolution : '* That the right of the
people on the waters of the Mississippi, to its navigation,
is undoubted, and ought to be peremptorily demanded of
Spain by the United States government."
John Breckinridge was its first president. He was a
young lawyer, who had recently come to Kentucky from
Virginia. His clear mind and eloquent oratory john
had brought him recognition in his native State. Breckinridge
In Kentucky he took an active part in political affairs. He
died in 1806, having held for one year the office of attorney-
general in Jefferson's cabinet.
Citizen Genet, minister of France, had recently landed
at Charleston, South CaroHna, for the purpose of enlisting
aid for his country in the impending wan Im- French
mediately he saw the situation in Kentucky, conspiracy
and sent thither several agents to raise volunteers for an
expedition against New Orleans and the Spanish posses-
sions. So intense was the feeling in Kentucky on the
navigation question, that the Frenchman succeeded in en-
listing two thousand men for this conspiracy. George
lOO FOUNDING OF THE COMMONWEALTH
Rogers Clark accepted the commission of "major general
in the armies of France and commander in chief of the
revolutionary legions on the Mississippi."
The proposed conspiracy became known to the Federal
government. Letters passed between Washington and
Shelby on the subject. It was a time of trial
Governor -' ■>
Shelby's to the govcmor, but his conduct was marked
position ^j^j^ caution and wisdom. As governor of
Kentucky he stood ready to perform whatever was con-
stitutionally required of him ; but he believed that this
matter concerned the Federal government, and not that of
the State. He did not believe he had the power to forbid
the expedition if it could be accomplished. Moreover, he
did not believe that it would be carried out. But the mat-
ter offered him a fitting opportunity to make known to the
President the intense feeling of the Anti-Federalists in
Kentucky against the central government, which had not
obtained for the State the navigation of the Mississippi.
Happily the expedition was not accomplished. Washing-
ton succeeded in having Genet recalled, and another minis-
ter was appointed in his stead.
The campaign against the Indians in the Northwest,
projected by General Wayne in the autumn of 1793, was
carried into effect the following summer. In July, Gen-
eral Charles Scott, with sixteen hundred Kentucky vol-
unteers, joined General Wayne at Fort Recovery. The
Wayne's regular force under General Wayne was about
victory equal in numbers to the Kentucky militia. On
the 20th of August, 1794, a battle was fought at Fallen
Timbers, on the Maumee, which resulted in a brilliant
victory for the Americans. An equally beneficial event
followed close upon Wayne's conquest. In November,
Chief Justice John Jay succeeded in concluding a treaty
ORGANIZATION OF THE GOVERNMENT lOI
between the United States and Great Britain. Conse-
quently the British posts in the Northwest were at last
It was some time before this last faet was known in
Kentucky. Prior to that time, in the year 1795, the
Spanish governor of Louisiana again at- gg^j^Q^
tempted to bribe Kentucky to secede from Spanish
the Union, and to form an alliance with ^^^^p^''^^^
Spain, in order to obtain the navigation of the Mississippi.
Thomas Power, a naturalized Spaniard, was sent to Ken-
tucky to secure agents to accomplish this end. The man
selected to receive Power's communication was Judge
Benjamin Sebastian, one of the accomplices in the first
Sebastian conferred with several prominent Kentuckians.
He then proceeded to Natchez, and on to New Orleans, to
negotiate with the authorities there. However, before
any agreement had been reached between the Kentuckian
and the Spanish governor, news came that a treaty be-
tween the United States and Spain had been effected, and
that Spain had granted to the United States the free navi-
gation of the Mississippi River. Nevertheless, the Spanish
governor was not willing to renounce, at once, all hope of
ever gaining Kentucky. Sebastian was paid two thousand
dollars for his efforts in this dishonorable work, and con-
tinued to receive that amount annually for eleven years.
Sebastian's treason was unknown to his fellow-Kentuck-
ians, with probably two or three exceptions. He con-
tinued to hold his office of judge of the court of appeals
until 1806, at which time he was exposed and compelled
We have learned that the opposition of the Kentuckians
to the Federal government had its origin in their own
I02 FOUNDING OF THE COMMONWEALTH
trials; for a large majority of the people believed that the
central government might have put an end to these if it
had attempted to do so. But there were also
Summary clauses in the constitution of the United States
to which they were directly opposed. Many objected to
the policy of the Federalists (by 'whom the constitution
was framed) because they believed it tended toward a
monarchical rather than a republican form of government.
We have noticed Kentucky's isolated situation and her
long, single-handed struggle for existence. Naturally her
people were watchful for their State's rights and liberties.
But we have learned, also, that in the times of greatest
temptation her people stood true to the Union. This fact
indicates loyalty and sagacity and calls forth the highest
Now the Indian troubles were at an end, and the Missis-
sippi was open to Kentucky. Added to this, the feeling on
the French question had changed. Genet's
change of illegal actions in the United States had awak-
sentiment Qxied disapproval. A fuller knowledge of the
French Revolution had produced a natural revulsion of
feeling. Consequently, the Federal party in the State
rose into temporary power. In 1795 Humphrey Marshall,,
the pronounced leader of the Federal side, was elected
United States senator over John Breckinridge, the popular
representative of the Republicans. During this same year,
however, the governor appointed Breckinridge attorney-
general of the State.
In the year 1793, the first steamboat which ever success-
fully moved on any waters was exhibited at Lexington.
Invention of The town branch of the Elkhorn — now dis-
the steamboat appeared from sight, but then a considerable
stream — was dammed up for the trial of the miniature
ORGANIZATION OF THE GOVERNMENT
model which had been constructed, and crowds of enthusi-
astic spectators rejoiced over the success of this important
invention. The inventor was Edward West, who emigrated
from Virginia to Lexington in 1785, where he died in 1827,
after a long life
spent in experi-
menting in inven-
tions. The honor
of having invented
the steamboat be-
longs, however, to
John Fitch, — be-
fore referred to in
these pages, — who, as early as 1785, completed his model.
But unfortunately Fitch's invention failed of success, eithei
because he lacked the necessary funds or the adequate
force of character to bring it to the knowledge of the
Lexington the first capital.
Governor Shelby inaugurated.
Military honors and picturesque pa-
Two appointments announced.
Legislature assembles; speakers
The governor opens the legislature.
United States senators elected.
Frankfort selected as the permanent
Public buildings erected there.
Indian troubles again.
General Wayne's appointment.
One thousand Kentuckians drafted.
The French wa.v.
England, Spain, and Holland in-
Washington refuses to take part.
United States divided on the subject,
Kentucky is indignant.
She dislikes England and Spain.
Desires to aid France.
Federalists and Anti-Federalists.
The Lexington club.
John Breckinridge its president
The French conspiracy.
General Clark's commission.
FOUNDING OF THE COMMONWEALTH
Governor Shelby's cautious action.
Failure of the conspiracy.
British posts resigned.
Second Spanish conspiracy.
Treaty with Spain concluded.
Kentucky generally Anti-Federal.
.Opposed to a strong central govern-
Momentary change of sentiment after
the Indian troubles are ended and
the navigation granted.
Federal party rises into power.
Humphrey Marshall elected United
Edward West at Lexington.
Models a steamboat in 1793-
Successful trial on Elkhorn Creek.
Fitch's invention unsuccessful.
POLITICAL SITUATION IN KENTUCKY, 1796-1811
In May, 1796, James Garrard was elected second gov-
ernor of Kentucky. The first year of his administration
Garrard's was marked by few events of importance,
administration j^^ following Spring, the advisability of re-
vising the State constitution was discussed, and a vote was
taken to obtain the will of the people. But no decision
was reached in the matter, as a number of the counties
failed to make returns. A second vote was taken on the
same subject in 1798, and met with a similar result. In
the autumn of that year, the question was brought before
the legislature, and as a majority of the members voted in
favor of revision, a convention was called for July 22, 1799.
During the summer of 1797, Thomas Power was again
sent to Kentucky to concert with Benjamin Sebastian re-
garding the separation of the State from the Union. But
this third Spanish conspiracy failed in its very beginning.
• '^he November session of the legislature revised the
crnninal code, and punishment by death was allowed only
for murder in the first degree.
The interval of quiet which Kentucky had been en-
joying was destined to be interrupted by a profound agita-
Aiienand tion. In the spring session of 1798, the
sedition laws ^o^gress of the United States passed two
acts known in the political history of the nation as the
Alien and Sedition laws. The particularly objectionable
FOUNDING OF THE COMMONWEALTH
features in these acts were the following: The first act
gave to the President authority over all foreigners. He
might grant them license to remain in the United States ;
he might order them to depart from its territory if he sus-
pected them of treasonable designs ; he might imprison,
according to his judgment, all foreigners who returned to
the United States without having obtained his permission.
The second act was an
attempt to control the
people in the free ex-
pression of opinion.
By this law it became
an offense, subject to
fine or imprisonment,
for any one to utter,
print, or publish any
libel against the gov-
ernment of the United
States, the President,
or either House of
were aroused, almost
to a man. There was
no wavering in their
judgment of these obnoxious laws. They deemed them
directly unconstitutional. In their opinion Kentucky's
they indicated an assumption, on the part action
of the Federal government, of an authority which did
not belong to it. The first to issue a protest against them
were the citizens of Clark County. They embodied their
opposition in a vigorous set of resolutions, which were
transmitted to their representative in Congress to be pre-
POLITICAL SITUATION IN KENTUCKY lo/
sented by him to each branch of that body and to the
President. In the crowd which gathered at Lexington
to discuss the subject was young Henry Clay, — twenty-
one years old, — who had come from Virginia the year
before to make his home in Kentucky. He had already
made himself known in the State by advocating the grad-
ual emancipation of slavery. The people called upon him
to speak to them. The subject was one to stir the un-
fledged genius of the orator. He was lifted into a cart,
from which " proud eminence " he poured forth such de-
nunciations of the act of Congress as won the admiration
and satisfaction of his high-wrought audience.
But the most bold, far-reaching, effective summary of
political doctrine called forth by these laws was that con-
tained in the resolutions known as the Ken- ,^ ^ ,
tucky Resolutions of 1798.^ The resolutions Resolutions of
were drafted by Thomas Jefferson, and revised
and offered to the legislature, on November 8, by John
Breckinridge, the representative of Fayette County in th^
State legislature and a leader in the Republican party.
These resolutions had perhaps a deeper import than the
mere expression of righteous indignation against the pas-
sage by Congress of two odious acts that were destined
to exist only for a brief term. In them we find the germ
of the doctrine of nullification which became an important
factor in the causes which led to the Civil War.
This doctrine is briefly as follows : That the several
States composing the United States of America are not
united in submission to their general govern- Doctrine of
ment ; that the general government was ^^^^® rights
created by a compact of the several States, each State
agreeing thereto, and yet reserving to itself the right to
'^Kentucky Resolutions of i-jgS. By Ethelbert Dudley Warfield.
I08 FOUNDING OF THE COMMONWEALTH
its own scir-govcrnmcnt ; that the ;;ovcrnnicnt created by
this compact is not made the final judge of the powers
delegated to it ; that as each State is a party to the
compact, therefore each State " has an equal right to
judge for itself as well of infractions as of the mode and
measure of redress."
The resolutions thus presented to the legislature in an
ardent speech by their mover, passed the Lower House
with one dissenting voice. William Murray, a
accepted by the clever lawyer, made an earnest protest agamst
egisature them. In the Senate, John Pope made an un-
successful effort to amend them, and they were unanimously
accepted. At the time of their adoption the possible
tendency of the resolutions was not considered. They were
framed to meet a need of the hour. The Federal govern-
ment had assumed an authority, the Kentuckians believed,
which was unconstitutional. Therefore, the Federal govern-
ment must be censured, else it might encroach and assume
greater power, and then become monarchical, instead of
Democratic. Kentucky was passionately Democratic or
Republican. The resolutions were signed by the governor,
and then submitted to the other States to be considered.
Only Virginia, however, concurred with the action of Ken-
The convention to revise the State constitution assembled
July 22, 1799, at Frankfort, and chose Alexander Scott
Second Bullitt president, and Thomas Todd — who so
constitutional many times before had served in this capacity
convention •' •'
— clerk. The outburst of feeling awakened
by the mere suspicion of a monarchical inclination in the
central government largely influenced the changes which
were made in the constitution. The governor was no
longer to be elected by a college of electors, but directly
POLITICAL SITUATION IN KENTUCKY
by the votes of the people. Furthermore, his authority-
was Hmited. His veto might be overruled by a majority
of the legislature. The office of lieutenant governor was
created. This officer, similarly elected by the people,
should be the speaker of the Senate. The senators, like-
wise, were to be elected by the direct votes of the people.
The new constitution went into effect June 1, 1800.
James Garrard had again
Alexander Scott Bullitt
was elected lieutenant gov-
ernor. John Breckinridge
was chosen speaker of the
House. There was the
utmost quiet in local elec-
tions. Kentucky's whole
political interest was now
absorbed in the affairs of
the nation, — the forthcom-
ing contest between the
Federalist and Democratic
parties. When Thomas
Jefferson, the Democratic
nominee, was declared
President, the satisfaction in the State was almost univer-
sal. It expressed itself in exuberant speeches of delight.
Of course, the hated Alien and Sedition laws were then
But the most important event to Kentucky in Jeffer-
son's administration was the purchase of Louisiana from
the French, to whom it had been ceded by Spain. Gen-
eral James Wilkinson, whose character has only been
FOUNDING OF THE COMMONWEALTH
understood in recent years, was then holding the rank of
major general in the United States Army. It is an enter-
taining and curious fact that on the 20th of December,
1803, the French governor general delivered up the terri-
tory to that officer. Thus at last the projector of the
Spanish Conspiracy took possession of New Orleans ; but
in a manner totally different from what he had imagined, —
under the honorable authority of his national government.
But Wilkinson is often accused of complicity in another
equally romantic and treasonable conspiracy, and in this,
too, the bold, adventure- Aaron Burr's
loving Kentuckians were ^°°^P"^<^y
tempted to disloyalty. Aaron Burr,
late Vice President of the United
States, — now bearing upon his soul
the crime of having taken the life
of Alexander Hamilton, — being cut
off from all high official attainment,
restlessly sought a means to gratify
his proud ambition. Burr's dazzling
scheme was to conquer the Spanish
province of Mexico, then friendly
to the United States, to unite to it the southwestern States,
to make New Orleans the capital of this vast territory, and
himself the emperor or ruler. Wilkinson, according to his
accusers, was to be second only to Burr.
Blennerhasset, a wealthy Irish scholar, living on a
beautiful island in the Ohio River, had become fascinated
by Burr's allurements to the extent of employing his vast
fortune for the cause, and he was to be a powerful
duke or chief minister of the empire. The cooperating
Kentuckians were likewise to reap the reward of their
assistance. To arrange his project. Burr made frequent
rOLITICAL SITUATION IN KENTUCKY
trips to Lexington and Louisville, and through the south-
Joseph Hamilton Daveiss, United States attorney
for Kentucky, first became suspicious of Burr's move-
ments, then convinced of his treacherous de-
signs. On November 3, 1806, he appeared in
the court at Frankfort and brought an indictment against
Burr for high treason. Burr met the charge with cool
denial. Several days
later, with a sem-
blance of sincerity,
he urged the court
to continue the pros-
ecution. A day was
set for the trial.
After giving a writ-
ten pledge of his in-
nocence, Burr secured
Henry Clay and John
Allen for his counsel.
Intense popular inter-
est was aroused.
seemed to take on
the form of a perse-
cution, because of the ardent political feeling of the time.
Burr had won many friends in Kentucky. Daveiss was
a stanch adherent of the despised Federalist party.
Henry Clay had thrown the weight of his influence into
Burr's faction. The trial did not come off because. of
the failure, on the part of the United States attorney,
to obtain the attendance of the necessary witnesses.
Nevertheless, the expectant audience was granted the
Joseph Hamilton Daveiss
FOUNDING OF THE COMMONWEALTH
excitement of listenin^i^ to a flashing debate on the sub-
ject between Clay and Daveiss. Never have two greater,
more brilUant men met in opposition at the famous bar
Shortly afterward, a ball was given in Frankfort in
Burr's honor. This was followed by a similar festivity
Fate of the given by the friends of the United States
conspirators attorney. For a while Daveiss suffered a
great loss of popularity on account of his efforts toward
the prosecution ; but he was soon to be vindicated.
Burr's times of suc-
cess were at an end.
He was tried in
in March, 1807.
Though certain legal
vented his convic-
tion, no one doubted
An Early Methodist Church ^is guilt. His laSt
days were spent in wretched poverty and sorrow. Blen-
nerhasset also died forlornly. Only Wilkinson lived on
in the favor of fortune.
Running along by the side of these social agitations was
a deep spiritual movement which spread throughout the
The great State. This revival began in the Methodist
revival church, but it awoke religious enthusiasm in
all the existing denominations. Thousands flocked to the
camp meetings which were constantly held, and humble
laborers and learned statesmen were equally stirred by
a consideration of the greatest problem of life. In the
trend of this Christian movement came the formation
of an association called the Friends of Humanity. Six
POLITICAL SITUATION IN KENTUCKY 113
Baptist ministers of note, imd others of less conspicuous
ability, united themselves together for the purpose of
advocating the abolition of slavery. Their numbers in-
creased at first, but they were discountenanced by their
brother associations, and soon vanished.
In 1804, Christopher Greenup was elected governor.
He was one of the strong characters of the early days.
For more than ten years, he had been actively
, 1 , . ^r . p Years of quiet
connected with the public affairs of Kentucky.
It was during his administration (1806) that the trial of
Judge Benjamin Sebastian occurred. Burr's conduct led
to the investigation concerning Sebastian. During the
same year, George Muter resigned from the office of chief
justice, and Thomas Todd was appointed to fill the va-
cancy. But Judge Todd did not long execute the duties
of chief justice, as higher honors awaited him. In Feb-
ruary, 1807, he was appointed judge of the United States
supreme court in the newly created circuit of Kentucky,
Ohio, and Tennessee. Several eminent jurists now occu-
pied the chief justice's bench in quick succession. Felix
Grundy, Judge Todd's successor, resigned after a few
months to make his home in Tennessee. Ninian Ed-
wards, the next appointee, resigned after a little more
than a year's service, to become governor of the Illinois
Territory. He was followed by George M. Bibb, who also
resigned in less than a year.
In 1807, the Bank of Kentucky was chartered with
$1,000,000 capital. Robert Alexander was appointed
president by the governor. Prior to this time, Kentucky
had been rigorously opposed to banking; but through
some curious misunderstanding on the part of the legisla-
ture, in 1802, the Kentucky Insurance Company had been
chartered with banking powers.
KENT. HIST. — 8
FOUNDING OF THE COMMONWEALTH
In 1808, General Charles Scott was elected to succeed
Governor Greenup. His opponent was the rising young
lawyer, John Allen, who Beginning of
made a vigorous canvass. ^^^
lut the Kentuckians were pleased
to honor the military services
of the veteran officer, especially
as the years of peace were at
an end. For some time the
Indians living on the Wabash
River had been growing restless
under the advance of white
civilization. They were roused
to rebellion by their two great
chiefs, Tecumseh and his brother
the Prophet, and also by the influence of the English, who
now anticipated another
war with the United
States. In the summer
of 181 1, General Harri-
son, governor of the
Indiana Territory, called
for volunteers from Ken-
tucky. Many brave men,
ambitious for military
glory, answered the
summons. The battle
of Tippecanoe was
fought November 7,
181 1. Harrison was
surprised in the night
by the Indians ; never-
theless, he bravely and Tecumseh inctmg the Cree)cs
POLITICAL SITUATION IN KENTUCKY
successfully met the attack. But Kentucky suffered a
deeply felt loss by this battle, in the early death of two of
her valued citizens, Colonel Joseph Hamilton Daveiss and
Colonel Abraham Owen. A county of the State was
named in memory of each.
James Garrard, second governor.
Legislature orders a constitutional
The third Spanish conspiracy.
Alien and Sedition laws.
The first gave the President control
The second restricted the expression
Kentucky condemns the laws.
Clark County makes the first protest.
Henry Clay denounces them.
Kentucky Resolutions of 1798.
Doctrine of State Rights involved.
The general government a compact
of States, each State retaining the
right to govern itself.
Each State has the right to judge acts
of the general government, and to
nullify them if they are objection-
John Breckinridge, the mover of the
Opposition of Murray and Pope.
Resolutions carried in the legisla-
Second constitutional convention.
Recent agitation causes certain
changes in the constitution.
James Garrard, third governor.
A. S. Bullitt, lieutenant governor.
John Breckinridge, speaker.
Local politics quiet.
National politics absorb attention.
Kentucky rejoices over Jefferson's
election as President.
Alien and Sedition laws repealed.
Delivered up to General Wilkinson
Aaron Burr's conspiracy.
Blennerhasset's part in the scheme.
Bribe offered to Kentuckians.
Burr is indicted by J. H. Daveiss.
H. Clay and John Allen, Burr's coun*
Burr's cool audacity.
Speeches of Clay and Daveiss.
The two balls given at Frankfort.
The fate of the conspirators.
The great revival.
"The Friends of Humanity."
Christopher Greenup, governor.
Benjamin Sebastian is tried and con
Judge Thomas Todd.
The first banks in the State.
General Charles Scott, governor.
The beginnings of war.
The battle of Tippecanoe.
THE WAR OF 1812, 1812-1815
War with all of its horrors and feverish anticipations
was again at hand. The causes which led to the second
Causes which Conflict with Great Britain had long been ac-
ledtothewar cumulating. England and France were in
arms against each other, and the United States main-
tained a neutral position. In order to injure France, Eng-
land blockaded with men of war the whole coast of France,
and France retaliated by declaring a similar blockade of
the coast of England. American vessels were seized as
prizes, and the commerce of the United States was inter-
rupted in a most disastrous manner.
But this was not all. A greater injury, in that it con-
tained an insult to our nation, was endured from England
before war was declared. By the policy of the United
States, any foreigner, after having thrown off allegiance
to his own government, might become an American
citizen, if he so desired. On the contrary, England
claimed that a man born an English subject was always
an English subject. American vessels were boarded by
English officers, and searched by them to find sailors
whom they claimed to be deserting Englishmen. In
this way thousands of our seamen were captured. The
United States deeply resented this outrag(?. Then the
crisis came. On the i8th day of June, 18 12, war was
THE WAR OF 1812
In addition to the regular army ordered to be raised,
one hundred thousand militia were to be furnished by the
different States of the Union. Many of the ^ , , ,
States were opposed to the war, and conse- warenthusi-
quently refused to comply with the President's
demand. But not so Kentucky ; her people had ever
looked upon England as the cruel enemy of their pros-
perity ;• and they eagerly rushed forward to aid in right-
ing the wrong against
their nation. Only
^ve thousand five
hundred men were
required of Kentucky,
but she was granted ff^ffWiv"¥'''ia^yM^^|l||f >^ \^^
the privilege of fur-
nishing seven thou-
sand. And the State
did not hold back her
best, but offered her
worthiest sons for the
cause. A righteous
resentment of of-
fenses, and an unsurpassed courage
and high sense of honor, were
indicated by this eager desire
to participate in the opening con-
On the 15th of August, two thousand troops, destined to
join the army in the Northwest, assembled at Georgetown.
They consisted of a regiment of regulars, un- Troops leave
der Colonel Samuel Wells, and three militia ^^^s^^^^
regiments under Colonels John Allen, J. M. Scott, and
William Lewis. Of the companies under Lewis, Lexing-
Impressment of Seamen
Il8 FOUNDING OF THE COMMONWEALTH
ton had furnished six, and one was the Lexington Light
Artillery, even then historic, commanded by the gallant
young captain, Nathaniel G. T. Hart. They were formed
into a brigade, and placed under the command of Brigadier
General John Payne. Several days later, the troops were
reviewed in the presence of thousands of interested spec-
tators. Henry Clay made a speech, and Dr. Blythe, presi-
dent of Transylvania University, preached a sermon ; and
thus animated and encouraged, they were prepared to begin
their hard, eventful campaign.
On their march to Detroit the troops learned that Gen-
eral Hull, governor of Michigan Territory, had surrendered
Harrison's ^^i the most cowardly manner to the British,
appointment Great indignation was aroused. Letters were
written to Kentucky to request the appointment of General
Harrison as commander of the Kentucky militia. Gov-
ernor Scott's term of office was drawing to a close, but
some action was imperative. He sought a council of ex-
Governor Shelby, ex-Governor Greenup, Henry Clay,
Judge Thomas Todd, and several other distinguished cit-
izens. They unanimously agreed in recommending the
appointment. It was therefore made. In a few more days
three other companies were raised by Colonels Richard
M. Johnson, James Johnson, and Captain John Arnold.
General Harrison was also appointed by the President as
commander of the army of the Northwest, to supersede
General Winchester. On the 29th of September, he left
Lexington to join the forces thus placed under his control.
The Kentucky troops reached the Rapids of the Maumee
the loth of January, and halted to await the arrival of
First battle at General Harrison. But they were not long to
Frenchtown remain inactive. A few days later a call for
assistance reached them from Frenchtown, on the river
THE WAR OF 1812
William Henry Harrison
Raisin, about thirty-eight miles away. A detachment
commanded by Colonel Lewis, under whom were Colonel
John Allen and Majors Martin
D. Hardin, George Madison, and
Benjamin Graves, eagerly has-
tened to respond to the summons.
On the 1 8th a successful battle
was fought, and the British were
driven from the village. But this
victory was to be followed by an
Two days later, General Win-
chester arrived with a reenforce-
ment consisting of Colonel Wells's
regiment of regulars. Although
General Winchester was soon informed that a large force
of the enemy was on its way toward the town, he made
no preparation for an attack. The night was second battle
bitterly cold, and the caution of placing pickets ** Frenchtown
on the road by which the enemy would approach the town
was neglected. Accordingly, before daylight on the morn-
ing of January 22, the camp was surprised by an army of
two thousand British and Indians under General Proctor.
The firing was opened upon the stockade of the Kentuck-
ians and was returned with considerable loss to the British.
But Colonel Wells's company was encamped on the open
field. It was impossible for it to resist the attack, and the
men retreated panic-stricken.
At this crisis. Colonels Lewis and Allen, with a detach-
ment of one hundred men, rushed forward like typical
Kentuckians to rally the retreating soldiers. Nearly all
of Wells's men were killed or wounded, as were very many
of those under Lewis and Allen. Lewis was wounded.
I20 FOUNDING OF THE COMMONWEALTH
and Colonel Allen was slain. Thus fell in early manhood
one of the most promising citizens of Kentucky, a man of
pure life, of heroic character, and strong legal ability.
Then came a summons to surrender. To the heroes of
Kentucky death was far preferable to defeat. But after
a consultation, in view of their situation, the remaining
officers wisely determined to comply with the demand of
the enemy. Having obtained a solemn promise from the
British that the wounded Americans would be safely
guarded, they agreed to lay down their arms.
But the pledge was not fulfilled. The Indians were not
restrained by the British, and early the next morning they
entered the cellar of a tavern where some of
the wounded soldiers were quartered, broke
open casks of liquor, and drank until they were maddened
far beyond their usual state of cruelty. Soldiers were
dragged out of their beds and tomahawked. A house
containing other wounded men was burned to the ground.
Several of the officers attempted to escape under the escort
of Indians whom they paid to guide them, and were
treacherously murdered on the way by their escorts.
Never did a more barbarous butchery of human beings
occur. The details are too ghastly to be repeated. In
Kentucky, anguish prevailed such as had not been felt
since the fatal battle of the Blue Licks. There were
many widows and mourning friends and relatives left to
recount the horrors of the Raisin massacre. And Ken-
tucky has preserved the memory of some of her brave
soldiers who lost their life at that place by naming various
counties of the State after them, — Allen and Edmonson,
Graves, Hart, and Hickman.
In August, 1812, Isaac Shelby had been elected governor
for the second time. He had consented to become the
THE WAR OF i8i2
chief executive again, only because the United States was
involved in war. He now exerted all his influence to
arouse the patriotic ardor of his fellow citizens ^ .. ,
to reenforce the army of the Northwest and ments from
retrieve the loss at Raisin. Thousands of "^ ^
Kentuckians hastened to volunteer for the service. A
strong brigade of three thousand men was formed under
Brigadier General Green Clay,
consisting of four regiments
commanded by Colonels Dud-
ley, Boswell, Cox, and Cald-
well. This force reached the
banks of the Maumee, oppo- .
site Fort Meigs, on the night
of the 4th of May. In the
distance could be heard the
cannon of the enemy. Since
the first day of the month. Gen-
eral Proctor with about two
thousand British and Indians
had surrounded the camp of
the Americans. The fact of
the approach of the Kentuck-
ians was borne to General Harrison, and orders were re-
turned to the brigadier general.
The next day General Clay, with the larger portion of
his men, fearlessly and successfully pushed his way
through the ranks of the British to the southern shore
of the river. With this reenforcement, the fort was en-
abled to repel Proctor's attack so vigorously that the siege
was raised on the ninth day.
But the fate of the other portion of the Kentucky troops
was far different. While the main body was proceeding
122 FOUNDING OF THE COMMONWEALTH
to Fort Meigs, a detachment of seven or eight hundred
men, commanded by Colonel William Dudley, had been dis-
Dudiey's patched to the northern shore of the river to
defeat storm the British batteries. In this they were
successful. But other orders, which commanded them to
return immediately to their boats, were misunderstood.
The Kentuckians delayed, to return a straggling fire from
the Indians. They were surprised by Proctor, greatly
outnumbered, and completely defeated. Many were slain
and many wounded. Again the Indians treated their
prisoners with the barbarous cruelty that had been prac-
ticed upon the victims of the Raisin massacre ; and the
British did not forbid the outrage. Only one hundred and
fifty men escaped, and these also might have been mur-
dered if the noble Indian chief, Tecumseh, had not rushed
A^ith his sword drawn, into the midst of the carnage, and
controlled his savage brethren.
Again Kentucky was called upon for reenforcements,
and again she offered double the number demanded. Gov-
ernor Shelby announced that he would take the field in
person, and called upon volunteers to meet him
Kentucky ^ ' ^
sends more at Newport. In less than thirty days, four
thousand Kentuckians had assembled. Out-
side of Kentucky the governor had no authority to com-
mand ; but his authority rested with his men, whose con-
fidence in their leader expressed itself in the watchword
of the time, — *' Old King's Mountain will lead us to vic-
tory ! "
It is a fact of curious interest that Governor Shelby
and his large reenforcement of Kentuckians reached the
Result of the camp of General Harrison just at the moment
council of war ^^gn Commodore Perry was landing with his
prisoners after his important victory over Commodore Bar
THE WAR OF 1812
clay on Lake Erie. Later on a council of war was held,
to decide whether the American forces should cross the
lake into Canada and pursue the British army, which was
known to be retreating.
Battle of Lake Erie
The practicability of pursuing and overtaking Proctor
was carefully argued and weighed as a military proposi-
tion. But in the mind of Governor Shelby there was
no hesitation. He had gone all that distance with his
** Kentucky boys " to meet the enemies of his country,
and his determination was fixed to seek an encounter.
Therefore an affirmative decision was cast. The order
was given by General Harrison to parade the army for
embarkation on Perry's fleet.
124 FOUNDING OF THE COMMONWEALTH
Kcntuckians have always shown a tendency to be
strongly influenced by eloquent oratory. On Governor
Shelby's staff were two young officers, who
Power of ora- •' .
tory over later became famous throughout the nation, —
Majors John J. Crittenden and William T.
Barry. Upon the suggestion of the governor, each ad-
dressed the troops of his State. Whatever reluctance to
cross on to foreign soil may have existed among them,
vanished under the fire of eloquence poured forth by the
young speakers. They recounted in picturesque and dra-
matic words the wrongs their nation had endured from the
British, and the awful slaughter of their countrymen at
the hands of the enemy, until every heart was stirred with
patriotic impulses. ''Remember Raisin,'' rang in their
ears, and all were eager for action.
The march the first day was made in close order in solid
columns. To the alert and practiced eye of Shelby this
The march into manner of movement seemed to be too slow
Canada £qj. ^}^^ hazardous undertaking before them —
that of reaching Proctor and bringing him to battle. He
communicated his fears to General Harrison, who, per-
ceiving at once the truth of the suggestion, commanded
that the order of march be changed in accordance with
Governor Shelby's advice. The columns, therefore, were
broken, and the army moved forward as a great com=
pany of travelers, each individual being urged to the
utmost speed. Colonel R. M. Johnson's regiment of
Kentucky cavalry was pushed eighteen or twenty miles
in advance, to prevent a surprise. Soon all recognized
the advantage of the new order of march. On the third
day, straggling soldiers from the British army were cap-
tured at the crossing of different streams, and were passed
to the rear of the American army as prisoners. This
THE WAR OF 1812
fact gave hope and increased vigor to the movements of
On the fourth day the American army came upon Gen-
eral Proctor encamped at the Moravian town, on the
river Thames, eighty-six miles northeast of The battle of
Detroit. Here a decisive battle was fcught, the Thames
October 5, 18 13. The American force was larger than
the British and more cleverly ordered. Tecumseh fell
early in the action, and the Indians grew disheartened
at the loss of their great chief. The result was complete
victory for the Americans and an end to the war in the
Almost the entire force was from Kentucky, and many
distinguished men were included in its number, — General
John Adair, who fought brave-
ly at the battle of New Or-
leans, and afterward became
governor of his State ; Barry
and Crittenden, already men-
tioned ; General Joseph Desha,
prominent in the political
affairs of his day, and also des-
tined to be governor of Ken-
tucky ; the gallant Colonel
Richard M. Johnson, the
slayer of Tecumseh ; and Col-
onel Charles S. Todd, who in
the times of peace served his
country in the halls of Con-
gress and as an ambassador to Russia.
A treaty of peace was signed at Ghent, December,
1 8 14; but before the news reached this country several
more battles were fought. Of these, the only one which
Richard M. Johnson
FOUNDING OF THE COMMONWEALTH
concerns the history of Kentucky was the brilliant bat-
tle of New Orleans, January 8, 1815. The British forces
Battle of were commanded by Sir Edward Paken-
New Orleans ham; the American, by General Andrew
Jackson of Tennessee. Here again Kentuckians rendered
important assistance, and again had the joy of partici-
pating in a triumph. It has been said of them that they
** formed the strength of that central force which repulsed
England and France at war.
United States neutral.
American commerce interrupted.
Sailors captured by England.
United States resents the insult.
Declares war, June, 1812.
Kentucky enthusiastic for the war.
One hundred thousand militia ordered
to be raised.
Kentucky furnishes seven thousand.
Gives her worthiest sons.
Two thousand troops leave George-
Their request of Governor Scott.
A council of distinguished men.
General Harrison's appointments.
He becomes commander of the Ken-
tucky militia, and of the army of
He leaves Lexington for his post.
The Kentucky brigade reaches the
Is not long inactive.
Battle at Frenchtown,
British driven from the village.
General Winchester arrives.
Makes no preparation for an attack.
Is surprised by Proctor.
Fate of Colonel Wells's regiment.
Heroism of Lewis, Allen, and others.
Kentuckians obliged to surrender.
British promise safety to prisoners.
Promise not fulfilled.
Indians become intoxicated.
Terrible slaughter of prisoners takes
Counties named for slain officers.
Isaac Shelby again governor.
Brigadier General Green Clay.
He reaches Fort Meigs.
Clay divides his force.
Reenforces General Harrison.
Again prisoners are butchered.
Tecumseh's timely appearance.
Governor Shelby's call for volunteers.
Four thousand meet him at Newport.
The governor takes command.
Dramatic meeting at Harrison's camp.
Decision to pursue Proctor.
Speeches of Crittenden and Barry.
The battle of the Thames.
Death of Tecumseh.
End of the war in the Northwest.
Distinguished Kentuckians in the
Brilliant battle of New Orleans.
Kentucky's part in the victory.
LOCAL AFFAIRS, 1 816-1835
War was now at an end, but peace did not await the
people of Kentucky. They were about to enter a poUtical
conflict as severe as any they had ever fought The return to
with arms. The first contest in the legislature s^^® affairs
arose in 18 16, when George Madison, the newly elected
governor, suddenly died, and the question whether the
legislature had the power to order a new election came up
for decision. After a fight, the vote was cast in the nega-
tive, and Gabriel Slaughter, the lieutenant governor, be-
came governor. He fulfilled the duties of that position
until 1820, although the matter was not suffered to rest
with this first decision, and was repeatedly agitated during
various sessions of the legislature. But the disturbance
thus caused was as an ordinary strong wind to a cyclone
in comparison with the storm which was caused by the
financial condition of the country.
While war prevailed in Europe,. America had been cut
off from foreign trade. The capital of the country was
therefore employed in establishing factories Financial
for home manufactures. But when the war in depression
Europe was over, foreign goods were again sent over to
the United States. The newly established trades of this
country could not at once compete with the cheaper and
better commodities of the older country ; hence resulted a
128 FOUNDING OF THE COMMONWEALTH
temporary financial depression. Furthermore, during the
European wars, and the war of America with England,
gold and silver had been banished from circulation, and
in their place had been substituted a paper currency,
which gave a high nominal value to commodities. The
return to specie payment lowered this value, and the
result was very general bankruptcy. Beside these causes
of disaster, the country was burdened with an enormous
For a time Kentucky was in a prosperous condition.
Her portion of the war debt was promptly paid. Manu-
K ntu k 's factories sprang up all over the State. In
financial Lexington alone, in 1817, there were more
than sixty mechanical shops, and Louisville,
the town next in importance, soon vied with Lexington.
The increase of trade in the State demanded a better cir-
culating medium than had existed before. In the earliest
days, skins of wild animals had constituted the only cur-
rency. Later on, Spanish milled silver dollars were intro-
duced. These were cut into four parts to make quarters,
which again were cut to obtain smaller bits. Of course
dishonesty resulted and great loss was caused, and the need
for something more satisfactory was strongly felt.
We have learned that Kentuckians were opposed to
banks. In 18 17, there existed in the State only one such
Independent institution, the Bank of Kentucky, which was
banks on 3. solid foundation. But, moved by the
chartered . -^
exigencies of the time, the people went to
rash extremes. The legislature of i8 17-18 chartered
forty-six independent banks which were not required to
redeem their notes with specie. The State was flooded
with the paper of these banks, and a mevQ shadow of
prosperity hung over the people. Speculation rose to an
exorbitant degree. Then the shadow disappeared, and the
true financial condition was exposed. Before the end of
the year 18 18, most of these unsubstantial banks were
wrecked; and, in 1820, the legislature repealed the char-
ters which gave them existence.
With the banks went under also a vast number of
speculators who had relied upon them. The suffering
from debt was terrible. The cry for some means of relief
resounded throughout the State. And now began an
intense political conflict.
The State became divided into two bitterly antagonis-
tic factions, known as the Relief and Anti-Relief parties.
Each enrolled many of the distinguished names two new
of the time. On the one side may be men- state parties
tioned William T. Barry, George M. Bibb, Joseph Desha,
John Trimble, and John Rowan; on the other, Richard C
Anderson, John J. Crittenden, R. A. Buckner, Sr., George
Robertson, Christopher Tompkins, and Robert Wickliffe.
At first the Relief party was stronger in the State. The
great mass of debtors were in favor of the measures it
advocated. General John Adair and Major William T,
Barry, both Relief candidates, were elected governor ana
As a "relief measure," the legislature of 1820-21 char-
tered the Bank of the Commonwealth. This bank was
allowed to issue $3,000,000 of paper money, Bank of the
and was not required to redeem its notes in Commonwealth
specie. Soon the paper of the bank fell far below its face
value, and creditors refused to receive it in payment of
their debts. But the legislature had passed a further act,
known as "the two years' replevin law," under which
every creditor was obliged to accept in payment of his
debt the paper of the Bank of the Commonwealth, or
KENT. HIST. — 9
130 FOUNDING OF THE COMMONWEALTH
receive nothing at all for two years, with the risk at the
end of that time of further delays, or the failure of his
The question of the power of the legislature to pass
such an act was brought before the judges of the State.
Judge Clark's The first to give an opinion on the point
decision ^^g Circuit Judge James Clark, of the Clark
County district, who fearlessly declared the act unconsti-
tutional. The Relief party was strong in numbers and
power. The storm raged about him ; but no recognition
of individual loss made Clark waver in pronouncing the
judgment which seemed to him correct. He was brought
before the legislature in the spring of 1822, and reso-
lutions were entered requiring the governor to remove him
from office. The resolutions, however, failed to receive the
necessary two-thirds vote, and were consequently lost.
All now anxiously awaited the decision of the court of
appeals. This highest tribunal of the State was then filled
. by men of recognized integrity and unsur-
the court of passed legal ability. John Boyle was chief
justice, William Owsley and Benjamin Mills,
associate justices. In the midst of an intense excitement
which pervaded the entire State, the judges maintained
a dignified silence, and awaited the time when they should
be called upon to give a decision as a court. This occurred
in the autumn of 1823.
The verdict of the court sustained the decision of Clark
and the other judges who had concurred with him, and
declared the ** replevin law" unconstitutional; that is,
directly in opposition to the constitution of the United
States, which provides that no State has the right to pass
any law which shall impair the obligation of contracts.
Now, there were many men in Kentucky at this time who
believed that a State had the right to nullify or disobey a
law of the United States, if that law interfered with what
seemed to them the right of the State. Thus was brought
into the controversy the old point of divergence between
the Federalist and Democratic parties of 1798.
The mass of the people were for the time in sympathy
with the Relief party. The decision of the judges awak-
ened great opposition and caused intense ex-
citement in the State elections of 1824. The power of the
result was victory for the Relief party. Gen-
eral Joseph Desha, the Relief candidate, was elected gov-
ernor by a majority of nearly
sixteen thousand over his oppo-
nent, Christopher Tompkins, of
the opposite faction ; and Gen-
eral Robert B. McAfee, also a
Relief candidate, was elected
lieutenant governor by a major-
ity of about eight thousand over
William B. Blackburn, of the
Anti-Relief side. The Relief
party also had a majority in
both houses of the legislature.
The judges of the court of
appeals held office for life, dur-
ing good behavior. They could only be removed by the
concurrence of two thirds of both houses. ^
Old court of
That their removal might be accomplished, appeals
the judges were brought before the legislature
the following December. But as in the case of Judge
Clark, the number of votes necessary for their removal
was not obtained. Nevertheless, it was the will of the
majority that the judges should be removed.
132 FOUNDING OF THE COMMONWEALTH
Another means to accomplish this object was now re
sorted to. A bill was introduced to repeal the act undei
which the court of appeals had been established. If thi*
were carried, then a new court might be organized in
harmony with the will of the people. For three days,
before crowded houses, the bill was debated. Each side
put forth its best efforts in this unique contest. Logical
and brilliantly illogical arguments mingled with the bold
charge and counter-charge of the combatants. The bill
passed both houses by a large majority, and was signed
by the governor.
A new court of appeals was soon organized. William
T. Barry was appointed chief justice, John Trimble, James
Has^orin, and Rezin H. Davidsre, associate ius-
A new court _ ^° ' t> » j
of appeals tices. The clerk of the old court refused to
give up the papers and records of the court
to the new clerk, whereupon the office was broken open to
During all this time of trial, the old judges stood firm
in their conviction, and continued to sit as a court, in spite
of opposition. A majority of the lawyers recognized
them as the only court and obeyed their decisions. Some
recognized the new court, and others refused to decide
An entertaining incident, which expresses the high
excitement of this time, is recorded as having taken place
How a riot in Lexington. There occurred in the streets
was quieted ^^ ^^^^ ^^^^ ^ regular pitched battle on this
subject. Men appeared armed with pickaxes, with which
they tore up the sidewalks, that they might have bricks
to hurl at those who differed from them. When the
riot was at its height, R. J. Breckinridge and Charlton
Hunt, young men then in the beginning of their careers,
came out with locked arms and walked through the midst
of the combatants. These young men were opposing
candidates, the former being an adherent of the old court
How a R5ot was Quieted
and the latter, of the new court. It is needless to add
that the rioters were covered with shame, and quiet
134 FOUNDING OF THE COMMONWEALTH
Party names were now shifted. The Relief party be
came the New Court party ; the Anti-ReUef party, the
Old Court party. The elections of 1825 were
Old Court and . .
New Court fought Under this issue. The storm had gath-
par les ^^^^ velocity as it raged. This was the most
exciting period in the whole tempest. But a calm was
soon to follow. The result indicated a great change in
the sentiment of the people. A large majority of the Old
Court candidates was elected to the House, and the fol-
lowing year a majority of that party was likewise gained
in the Senate.
The new court was abolished and its acts annulled. The
old court was reestablished, and the salaries were paid to
the judges for the time during which they had been de-
barred from office. Of course the " replevin law " was
now repealed. The paper of the Bank of the Common-
wealth was destroyed, and branches of the United States
Bank were established at Louisville and at Lexington.
Again the conservative element was victorious in Ken-
Quiet being now attained, a matter of national politics
next divided the people of the State. In 1824, the vote
Henry Clay's for United States President was thrown into
o?pow?rTn°'' the House of Representatives. Henry Clay,
Kentucky member of Congress from the Ashland district,
cast his vote for John Quincy Adams, and it was perhaps
due to Clay's exertion that Adams was elected. The
majority of Kentuckians were eager for the election of Gen-
eral Jackson, the closest contending candidate. Clay's sup-
port of Adams was received with disapproval throughout
the State. This dissatisfaction among his own people arose
at the time of Clay's highest national power. He had just
succeeded in carrying in Congress his famous Missouri
John Quincy Adams
Compromise bill, by which the difficulties between the
North and South on the slavery question were tempo-
rarily subdued. Although an account of Clay's work
belongs more to the history of
the United States than to that
of Kentucky, his influence was
so distinct upon the political
affairs of the Commonwealth
during his day, that it must not
be lost sight of.
The mass of the Old Court
party, which represented the con-
servative element of the State,
warmly upheld Clay. This fac-
tion now became merged into a
new party that had adopted the
name National Republican, while the disagreeing faction
united with the Democratic Republican party. The oppo-
sition to Adams had been obliged to smolder change of party
during the time of local agitation ; but when ^^™®^
he was offered as candidate for reelection against Jackson,
the latter carried the State by a majority of eight thousand.
The Democratic RepubUcans carried also all the State
elections with the exception of that of governor. Thomas
Metcalf, the candidate on the National Republican ticket,
was elected over William T. Barry, by a majority of only
a few hundred.
For a time, the control of State politics wavered between
these two parties. But finally, Henry Clay's great ability
forced for him the renewed support of his
. . ^^ Triumph of the
fellow Citizens. In 183 1, he was elected to the National Re-
United States Senate. Although the National p"^^^'^°'
Republicans obtained a majority in the legislature, the
FOUNDING OF THE COMMONWEALTH
triumph of that party in the State was not yet as-
A vigorous contest for governor occurred in 1832, and
the Democratic Republican candidate, John Breathitt,
was elected over Judge
R. A. Buckner, Sr., by
a small majority. In
the exciting presidential
campaign of 1832, Clay
and Jackson were op-
posing candidates. The
State gave Clay a ma-
jority of over seven
thousand votes. Thus
also was attained the
complete victory of the
party in Kentucky.
Under various names
Andrew Jackson and thrOUgh VarioUS
changes, that party
held control of the politics of the State thereafter for
more than thirty years.
In the spring of 1825, Kentucky arrayed herself in
proudest attire to do honor to the French hero of the
Social and lit- Revolution, the Marquis de Lafayette. The
erary matters distinguished visitor was received with ova-
tions at Louisville, Frankfort, Versailles, Lexington, and
Maysville ; and each place vied with the other in the grace
of the dinners and balls given him. The State had now
recovered from its first financial crisis, and home life in
the largest towns was as luxurious as that in Philadelphia
Marquis de Lafayette
Perhaps this was the era of Kentucky's highest fame.
Her statesmen towered by the side of the greatest in the
Union. Her lawyers were
University, under the presi-
dency of the accomplished
and fascinating Dr. Horace
Holly, had attained high
rank, and was recognized
as a great institution of
learning, not only in the
United States, but abroad.
For seven years Professor
C. S. Rafinesque,^ known
to the scientists of the
world, had occupied the
chair of Natural Sciences
and Modern Languages. During this time, he projected his
dream of establishing botanical gardens at Lexington, and
though he was unsuccessful in this undertaking, it added
a charm to the town and to the State. By Dr. Holly's
resignation in 1825 the University suffered a loss, but the
brilliancy of his day lingered over it for years.
In Lexington, also, during this time, was established a
Lyceum, or literary society, in which the best talent of the
day took part in lectures and debates. Here, ^ . ^.^
•' ^ Scientific and
in 1827, Thomas Harris Barlow constructed artistic pro-
the first model railroad and locomotive ever
successfully run in western America, and here he
achieved his most complete invention, known as Barlow's
Planetarium. Neither was Kentucky barren of artistic
1 T/ie Life and Writings of C. S. Rafinesque. By Richard Ellsworth Call.
M.A., M.Sc, M.D. Filson Club Publication No. 10.
FOUNDING OF THE COMMONWEALTH
productions. During this time Matthew Harris Jouett was
producing a series of portraits which have given to his
name an ever-increasing fame. Many prominent Ken-
tuckians of his day were painted by him. On the walls
of the old homesteads of the State hang these priceless
relics of cherished
ary forefathers had
taken part in the
founding of the
was born in Mer-
cer County, April
22, 1788, and died
in Fayette County,
August 10, 1827,
at the early age of
thing of his talent
for making por-
traits and for
beauty of coloring
descended to his
pupil, Oliver Frazer of Lexington (born 1808, died 1854).
Older in point of time than the latter was another artist-
son of Lexington, Joseph H. Bush (born 1793, died 1865),
who did vigorous, though perhaps less polished work than
the others mentioned.
One of the most celebrated of Kentucky artists was the
sculptor, Joel T. Hart, who was born in Clark County in
1 8 10, and died in Florence, Italy, in 1877. Hart's circum-
stances were restricted, and he was obliged to begin his
Matthew H. Jouett
career as a stonemason. But by virtue of the genius
within him, and that necessary accompaniment to genius, —
the power to labor unfalteringly, — he succeeded in the
profession toward which his ideal ever aspired. He made
several statues of prominent men of the day ; but his chief
claim to fame rests upon the imaginative group to which
he gave the name Woman Triumphant.^ He spent twelve
years' work upon this statue, death alone ending his
efforts to perfect it.
George Madison, newly elected gover-
Power of legislature to order new
Gabriel Slaughter, lieutenant gover-
European wars interrupt foreign
Home manufactories established.
War ended, foreign trade resumed.
American manufactories fail.
Gold and silver banished from use.
Commodities bring high prices.
Specie payment resumed after the
Financial depression ensues.
Kentucky prosperous for a time.
Shops in Lexington and Louisville.
Unique currency of the early days.
A better currency needed.
Wild extreme of the legislature.
Fortv-six banks chartered.
State flooded with paper money.
Banks and speculators break.
Commonwealth's Bank a "relief"
" Two years' replevin law " passed.
Judge Clark decides against the law.
Failure of attempt to remove him
Court of appeals concurs with Judge
State rights element in the ques-
Relief party carries the State.
General Joseph Desha governor.
Failure of attempt to remove court of
Charter of the court of appeals re-
A new court organized.
Old court firmly guards papers, etc.
New court takes forcible possession.
An entertaining incident.
^ In 1884 a Hart Memorial Association was organized at Lexington by
Mrs. Issa Desha Breckinridge, for the purpose of raising ^5000 with which to
purchase of Messrs. Tiffany & Co., of New York, Woman Triumphant. The
statue was secured, and is now in one of the public buildings of the city.
FOUNDING OF THE COMMONWEALTH
Old Court and New Court parties
A change of sentiment in the State.
Old Court party victorious.
A return to national politics.
Henry Clay's vote for President
Dissatisfaction occasioned in Ken-
Two new parties.
The Democratic Republicans elect all
the State officers except governor.
Thomas Metcalf chosen governor.
Victory wavers between the two par-
John Breathitt, Democratic Repub-
lican, elected governor.
Henry Clay elected to the United
Final triumph of National Repub-
licans in the State.
Lafayette's visit to Kentucky.
A brilliant era.
Dr. Holly and Professor Rafinesque.
Botanical gardens projected at Lex-
Thomas H. Barlow, inventor.
The artists of Kentucky.
CIVIL AFFAIRS AND THE MEXICAN WAR, 1836-1849
The National Republican party became merged into
the Whig party, and the affairs of Kentucky were now
controlled by that conservative element. As Rise of the
an evidence of this change of sentiment in the ^^^^ ^^^
State, James Clark, the judge who gave the decision
against the replevin laws, was elected governor in 1836
The elections of the following-
year gave a continued triumph
to the Whigs. It was as a re-
sult of a congressional contest
of this year that one of the most
gifted sons of Kentucky was
brought within the recognition
of the nation.
Among those men who shed
luster upon Kentucky in the
early days of the
none surpassed, if any equaled,
Richard H. Menefee. He was
born in Bath County in 1809.
His public career began in
1832, before he had completed
his twenty-third year, when he was appointed Common-
wealth's attorney. With one term in the State legislature,
Richard H. Menefee
FOUNDING OF THE COMMONWEALTH
one term in the Congress of the United States as the
Whig representative of his district, and less than two
years' legal practice at the Fayette bar, his brief life
closed at the age of thirty-two. In legal ability and the
powers of oratorical persuasion he has never been sur-
passed, and in those dis-
tinctive characteristics of
high-spirited chivalry which
mark the Kentuckian, he has
never had a superior. But
his name is connected with
no great event in history.
Such men are forgotten un-
less they are held up in grate-
ful remembrance before the
people of the State upon
which they brought honor
in their day and generation.
And it must be understood
that this was the day of
great men in Kentucky.
From the long list of nota-
ble names, one or two may be selected as representative
of the others. Thomas F. Marshall was born in Frank-
ThomasF ^°^^' Junc /, 1801, and died at his old home,
Marshall ''Buck Poud," near Versailles in Woodford
County, September 22, 1864. In wide scholarship and
fervent, imaginative oratory he was rarely gifted. As
a speaker he possessed the rather unusual combination of
vigorous logic and captivating brilliancy. If his moral
character had equaled his intellectual ability, he might
have made an enduring impression upon his country.
In the beginning of his second term, President Jackson
Thomas F. Marshall
CIVIL AFFAIRS AND THE MEXICAN WAR
vetoed the bill to recharter the Bank of the United States.
As a result of this measure State banks sprang up all
over the Union. The legislature of Kentucky, in 1833-34,
established the Bank of Kentucky, the Bank Financial
of Louisville, and the Northern Bank of Ken- ^eP'^ession
tucky. Paper money became abundant ; as usual, specula-
tion increased, and bankruptcy followed. In the year
1837, 3-11 the banks in the United States were obliged to
suspend specie payment. By
prudent management, however,
they were able to resume specie
payment the following year.
But unfortunately for the coun-
try, the spirit of speculation had
been stifled only momentarily,
not destroyed. Business ven-
tures increased, and again, the
next year, there occurred a uni-
versal suspension of banks. This
financial depression not only ex-
isted in Kentucky, but was gen-
eral throughout the United States for several years. In
1842 an attempt was made to revive the old "relief
measures." But there was no danger now of the passage
of any radical laws by the legislature. The people had at
last learned that legislation does not remedy evils.
. Still the Whigs led in State politics. In 1840, Robert
P. Letcher, who had been a member of Congress for ten
years, was elected governor by a majority of continued
nearly sixteen thousand votes over the nomi- '^^^s <^o'^^''oi
nee of the Democratic party — by which name the Demo-
cratic Republicans were now called. But the political
contests of 1844 were the most exciting that had occurred
144 FOUNDING OF THE COMMONWEALTH
in the State for many years. The Whig nominee for
governor was Judge WiUiam Owsley, who will be remem-
bered as one of the distinguished judges of the old court
of appeals during the famous controversy. The Demo-
cratic nominee was the popular Major William O. Butler,
later General Butler of the Mexican War. Butler was a
man of ability. Furthermore, he had been a brave sol-
dier. He had survived the slaughter at Raisin and par-
ticipated in the victory at New Orleans. Nevertheless,
the Whigs carried the day. Judge Owsley was elected
by a majority of about forty-five hundred votes.
In the autumn of this year the election for President
of the United States took place. Again Henry Clay had
Issue of the been chosen the nominee of the Whig party,
presidential Kentucky stood true to Clay, and o:ave him a
election . . ^ _ ■' ^
majority of over nine thousand votes. But
James K. Polk, of Tennessee, was elected after a very
close contest. The issue had turned upon the question of
the annexation of Texas to the
United States. Clay opposed this
measure for various reasons, two
of which were that it would in-
crease the slave-holding territory
in the United States, and that
it would inevitably result in war
with Mexico. Just before the
inauguration of Polk, and under
his advice, the acthig President,
,^ ^ „ Tyler, sis^ned the bill for the an-
James K. Polk ^ ' o
nexation of Texas to the Union.
As had been foreseen by Clay, war with Mexico was
inevitable. Immediately after the annexation was accom-
plished, the authorities of Texas sent an urgent request
CIVIL AFFAIRS AND THE MEXICAN WAR
to the President to forward an army for their protection.
General Zachary Taylor, of the United States outbreak of the
army, a Kentiickian by adoption, was dis- Mexican war
patched. Hostilities immediately began. On the 13th
of May, 1846, Congress declared war with Mexico. Al-
though the people of Kentucky,
by their vote for Clay, had
shown their opposition to the
measure which brought about
the Mexican War, yet, when
war was declared, they were
ready, as they had always been,
to aid the Union in her time
of need. Of the fifty thou-
sand troops which the President
called for, Kentucky quickly
offered ten thousand and many
more were eager to be called
into service. Three of the important officers of this war were
Kentuckians, — Zachary Taylor, major general of the regu-
lar army; William O. Butler, major general of volunteers;
and Thomas Marshall, brigadier general of volunteers.
One hundred and five companies, nearly twice as many
as were called for, went out from Kentucky to join General
Taylor's army. The first regiment of infantry, Kentucky
comprising nine companies from Louisville, ^^^^^^
was commanded by Colonel Ormsby; the second, by
Colonel William R. McKee, of Lexington, Lieutenant
Colonel Henry Clay, Jr., and Major Gary H. Fry. The
first regiment of cavalry was commanded by Colonel
Humphrey Marshall, of Louisville, Lieutenant Colonel
Ezekiel H. Field, of Woodford County, and Major John P.
Gaines, of Boone County.
KENT. HIST- — 10
FOUNDING OF THE COMMONWEALTH
The war was fairly commenced before the Kentucky
troops reached their destination. The first action in which
any of them fought
was the charge on the
city of Monterey.
The Louisville legion
took part in that suc-
cessful assault, Sep-
tember 24, and were
reported to have
and calm courage.
General Butler was
wounded, and Major
Philip N. Barbour
was killed. The leg-
islature the following
year, 1847, passed
resolutions in compliment of the Louisville legion, and
ordered swords to be presented to Generals Taylor and
Butler, and to the widow of Major Barbour.
The only important action in the Mexican War in which
Kentuckians largely took part was the memorable battle
Battle of of Buena Vista, fought February 22 and 23,
Buena Vista 1847, around which have gathered so many
stirring recollections. Here fell two of the most gallant
sons of Kentucky, — Colonel William R. McKee and
Lieutenant Colonel Henry Clay (eldest son of Henry Clay
the statesman). One fifth of the troops in this battle were
from Kentucky, and of the seven hundred and twenty-
three men killed or wounded, one hundred and sixty-two
were from this State.
CIVIL AFFAIRS AND THE MEXICAN WAR 1 47
The successful issue of this battle led to the capture of
Vera Cruz, the daring attack upon Cerro Gordo, and the
final capture of the City of Mexico. With the triumph
of the American arms, peace was gained in Texas, and a
vast territory was surrendered by Mexico to the United
States. An independent company of one hundred men
from Clark County, commanded by Captain John S. Wil-
General Taylor at Buena Vista
liams (afterward General Williams of the Confederate
army, and later United States senator), took part in the
battle of Cerro Gordo, April 18, 1849, where the Mexicans
lost in killed and wounded one thousand men, besides
three thousand who were taken as prisoners, and all their
materials of war.
148 FOUNDING OF THE COMMONWEALTH
The Kentucky troops buried their dead comrades upon
the field of Buena Vista ; but a few months later the State
brousfht home the ashes of some of her heroes
Funeral cere- ^ r ^ • ^ r\ ^
monies at to rcst in the cemetery of the capital. On the
Frankfort ^^^^ ^^ j^^^^ ^g^^^ ^^^ solcmn and interesting
ceremonies took place. An address was delivered by the
Rev. John H. Brown of the Presbyterian Church, and an
oration by John C. Breckinridge.
A little later the State erected a handsome monument
in memory of the heroes. It was for the occasion of its
unveiling that Theodore O'Hara wrote his
immortal elegy, T/ie Bivouac of the Dead.
O'Hara,^ born in Danville, Kentucky, in 1820, was the
son of Kane O'Hara, an Irishman exiled for his religion,
who was celebrated in his day in Kentucky for profound
classical scholarship. Theodore O'Hara had himself
served with distinction in the Mexican War. Entering
the army under the appointment of a captaincy, he
retired with the rank of brevet major. His heart was
stirred by the events through which he had just passed,
and his genius expressed itself in as great a poem of the
kind as was ever written. It is thrilling even to think of
the scene in the cemetery at Frankfort that summer day
— with the State's great dead resting all around under
the shade of primeval forest trees — when the soldier
poet lifted up his voice in the impressive measure of hib'
" The muffled drum's sad roll has beat
The soldier's last tattoo;
No more on life's parade shall meet
The brave and daring few.
1 O'Hara and His Elegies. By George W. Ranck.
CIVIL AFFAIRS AND THE MEXICAN WAR
On fame's eternal camping ground
Their silent tents are spread,
And (jlory guards, with solemn round,
The bivouac of the dead.''
In 1848 John J. Crittenden retired from the Senate of
the United States to accept the Whig nomination for
governor of Kentucky. He was elected by
a large majority over his opponent, Lazarus Crittenden'^
W. Powell, one of the most notable men in elected gover-
the Democratic party of that day. Crittenden
was born in the county of Woodford in 1786. After he
was called to the bar, he moved to that portion of the State
known as the Green River
country, then attracting many
young men of talent. From
Russellville, in the county of
Logan, in 18 11, he was sent,
for the first time, as a repre-
sentative to the legislature. In
181 7, he was chosen United
States senator. During the
troublous times of the Old
and New Court controversy
he again consented to take
part in his State's affairs.
Accordingly he was elected a
representative from Frankfort,
where he had settled to prac-
tice law. In 1835, he was
again called into national politics. He held the office of gov-
ernor of Kentucky until 1850, when he resigned to become
attorney-general in President Fillmore's cabinet. John L.
Helm, the lieutenant governor, was inaugurated governor.
John J, Crittenden
FOUNDING OF THE COMMONWEALTH
In 1849, the State constitution was revised for the third
time. Four important changes may be noted: (i) The
_. ^ judiciary, which formerly had been appointed
Third revision J ^ ' J c i
of the consti- by the governor, was made elective by the
people. (2) The power which the legislature
had possessed to raise money for debt on the credit of
the State was abolished. (3) Certain provisions for the
continuation of slavery were made. (4) No convention to
revise the constitution could be called without a two-
thirds vote of the entire voting population of the State.
Rise of the Whig party.
James Clark, governor.
Richard H. Menefee.
Thomas F. Marshall.
Charter of United States banks re-
Three banks chartered by the legisla-
Paper money plentiful.
Speculation followed by bankruptcy.
Momentary return of prosperity, fol-
lowed by wide-spread failure.
Attempt to revive *' relief measures."
Extreme measures not to be. carried.
Robert P. Letcher governor.
Exciting contest for the succeeding
William Owsley, Whig, elected.
Clay the Whig nominee for Presi-
Kentucky gives him a large ma-
The annexation of Texas the ques-
tion of the contest.
Clay's opposition to the annexation
War with Mexico inevitable.
General Taylor of the United States
army dispatched to Texas,
Kentucky's attitude toward the war.
She offers 10,000 militia.
Kentuckians high officers in the war.
The Kentucky troops.
The Louisville legion.
The charge on Monterey.
Battle of Buena Vista.
One fifth of the troops Kentuckians.
Distinguished Kentuckians slain.
The battle leads to the American vic-
Peace in Texas.
Acquisition of a vast territory.
Ashes of the heroes of Buena Vista
buried at Frankfort.
Memorial monument later erected.
O'Hara and his Bivouac of the
John J. Crittenden governor.
Succeeded by John L. Helm in 1850.
State constitution revised in 1849.
Four important changes made.
IV— THE CIVIL WAR, 1850-1865
THE SITUATION IN KENTUCKY, 1 850-1 860
Long before the peal of thunder- and the flash of light-
ning announce the downpour of rain, forces have been at
work in the heavens to produce a storm, causes of the
Long before the outbreak of the Civil War, ^^^^^ ^^^
events had been slowly tending toward the inevitable con-
flict. With the first slaves introduced upon American soil
began the conditions which brought about the final tragedy.
Of course there were many branches that grew out of the
main vine, — the slavery question, — and one was so im-
portant and grew so rapidly as time went on that it seemed
to many the parent vine, — the original source of the con-
troversy. This was the different and directly opposite
views held by the North and the South as to the nature of
the government of the United States, the former believing
that sovereign power resided in the Federal government ;
the latter, that it resided in the States.^
In the warm Southern States where cotton was ex-
tensively produced, slavery was deemed a ne- slavery in
cessity to the agricultural life. This was not Kentucky
the case in Kentucky. But the institution had existed
and flourished from the earliest days of the settlement of
1 7^/ie War between the States. By Alexander H. Stephens.
THE CIVIL WAR
the region. In 1850 the population of the State was
982,405, of which over 200,000 were slaves.
On the great landed estates of the Commonwealth the
lot of the slave was comparatively happy. And yet,
over and over again, in important conventions of the
State, this problem of human property had claimed the
consideration of the people. For years, Henry Clay had
been president of the American Colonization Society,
and he had advocated a system of gradual emancipation.
Many of the prominent citizens of the State, who were
large slave owmers, concurred in this humane project; but
they were in the minority, and we have seen that the
revised constitution of 1849 provided for the continuation
This provision in the constitution grew out of Ken-
tucky's resentment of the course which extreme persons
Effect of ^" ^^^ North were beginning to pursue toward
abolitionism ^j^g slave-holding States of the South. It had
its immediate cause in a desire to oppose the conduct of
certain abolitionists who, as early as 1841, began a system
of stealing away slaves from their masters and running
them into Ohio (a free State) and thence into Canada.
These persons had accomplices stationed in different parts
of Kentucky, and along routes known only to themselves.
When the negroes were stolen, they were passed on from
one station to another until they were safely out of the
country. Thus the means by which this business was ac-
complished received the name of the " underground rail-
road." Again and again the conspirators were discovered
in different parts of the State, and were tried and con-
demned ; ^ but still the work went on because those engaged
1 The most noted case was that of Miss Delia A. Webster, who was tried
at Lexington, in 1844, and sentenced to two years in the State penitentiary.
THE SITUATION IN KENTUCKY
in it believed they were doing right. Hundreds of slaves
were stolen in this way from .their owners.
In many cases the slaves were imwdlling to leave their
homes. While they greatly desired freedom, they were as
a class a peaceable people that dreaded change, characteristics
They knew the life they were living. It had °* ^^^ ^^^^^^
sore trials ; bnt they realized that they would always be
But the same jury that had condemned her for what they judged a crime,
signed a petition to the governor for her pardon. She was released because
she was a woman, while her companion in the work was sentenced to serve
fifteen years in the penitentiary.
THE CIVIL WAR
provided for. They knew nothing about the life into
which they would be taken.. Moreover, the careless, ir-
responsible existence they led made them unthinking.
They lived for the moment, and if they could steal off at
night and meet together at some neighboring "quarters"
for a dance, they gave themselves up to the frolic with
reckless disregard of the punishment which might follow
on the morrow.
The leader of the antislavery movement in Kentucky
was CaSSlUS An abolition
M. Clay, a newspaper
man of strong will,
fearless in advocating
his opinions. In 1845,
he began to issue at
Lexington an abolition
newspaper called TJie
True American. Its
tone was inflammatory
and was considered alto-
gether improper. The
citizens of that town
met and decided that
its publication was detri-
mental to the peace of
the community, and that
it must be discontinued.
When the editor, who
was at home ill at the time, was informed of the action of
the meeting, he sent back a defiant reply ; whereupon a com-
mittee of sixty of the most honorable citizens of the place
were deputed to go to the office of TJie True American and
take possession of it. The whole proceeding was managed
— • - ■ .^,n^^-;;?r--r;!St:£^;ugi'^:*^:4iM
W**" / ^T
Cassius M. Clay
THE SITUATION IN KENTUCKY I 55
in the most orderly manner. The secretary containing the
private papers of the editor was sent to him at his home
The press, type, etc., were packed by printers and sent to
the care of a reliable firm in Cincinnati, and the editor
was informed that he would find them there awaiting his
Of course the committee of sixty had to be tried, for
their action was illegal ; but the jury, without hesitation,
gave a verdict of ''not guilty." All over the The state
State enthusiastic meetings were held in com- acS^^of^^^^
mendation of the action of the citizens of Lex- i^exington
ington, and strong resolutions were passed recommending
the prevention of such incendiary publications as TJie True
American in the State. This shows that the unwise con-
duct of extreme abolitionists awakened much excited feel-
ing that otherwise might not have existed.
Kentucky was rapidly growing intensely proslavery.
The majority of her people believed to a certain extent in
the doctrine of State rights. All their sympa- ^^^^^^^^^ ^^^
thies were in harmony with the customs of the union
Southern States ; and yet, at the same time,
Kentucky had ever been most ardently attached to the
Union. As an evidence of this fact note the words which
the legislature of 1850 ordered to be engraved on a block
of Kentucky marble that was to be placed in the " General
Washington Monument" at Washington City: "Under
the auspices of heaven and the precepts of Washington,
Kentucky will be the last to give up the Union."
Slowly, steadily, the division between the two sections
of country was widening. But all the while the Henry ciay's
great and patriotic mind of Henry Clay was compromise
struggling to adjust the differences which
threatened dissolution to the Union. The prediction
THE CIVIL WAR
which Clay had made concerning the annexation of Texas
in 1845 was fast being fulfilled. Already a war with
Mexico had been fought. Out of the vast territory
ceded by Mexico in 1848 to the United States, new
States were forming. Already California had framed its
constitution and asked for admission into the Union. The
question whether slavery should be allowed in the new
States raised a conflict of opposition on the one hand,
Clay's Home. Ashland, Kentucky
and advocacy on the other, such as had never before
occurred in the nation.
In this condition of affairs, on the 29th of January, 1850,
Henry Clay came forward in the United States Senate
with his celebrated Compromise Resolutions, which were
known later as the Omnibus Bill. Clay's earnest speech
in exposition of these measures of peace lasted two days,
beginning February 5. Foi* months the bill called forth
exciting debates in the halls of Congress ; but finally the
various measures which composed it were passed before
the close of that memorable year. This was Clay's last
THE SITUATION IN KPZNTUCKV
great effort. Two years later he died, just prior to the
downfall of the Whig party, of which he had long been
the leader in spirit, if not in place.
In 185 1, Lazarus W. Powell, one of the most talented
members of the Democratic party, was elected governor.
But the Whisrs secured a majority of the other
'^ •' -^ . state politics
State offices and elected most of their men to
both houses of Congress. At this time the first Emanci
pation ticket in Kentucky was rufi, with Cassius M. Clay
at its head, as nominee for governor. His vote, however,
was only about thirty-six hundred. Archibald Dixon, who
had been the Whig nominee for governor against Powell,
was elected United States senator in the place of Henry
Clay, resigned. The days of the Whig party were num-
With the election of Franklin Pierce, the Democratic
nominee for President, in 1852, the Whig party disap-
peared from national politics, never to reap- Downfall of the
pear. In Kentucky, for several years longer, ^^^^ ^^^^"^
it continued to exist as a distinct organization, under the
leadership of John J. Crittenden.
But a disruption had occurred in
its ranks. Some of its members,
more extreme in one direction, had
gone off with the abolition move-
ment ; while others, of the oppo-
site tendency, had united with the
In the unsettled, agitated condi-
tion of the nation it was inevita-
ble that new parties should arise
to embody the various opinions
the times inspired. The American or Know-Nothing
THE CIVIL WAR
party, as it was commonly called, appeared like a meteor
only to fall like a meteor. It existed from 1853 to 1856.
Know-Nothing ^^ the Kentucky elections of 1855 for State
party officers and members of Congress this ticket
was mainly successful. Charles S. Morehead, a former
Whig, became governor.
But the variations in the politics of the State were like
the waverings of a newly started pendulum before it finally
assumes its regU- Democratic
lar beat. The supremacy
hour of Democratic su-
premacy was at hand. In
1856, John C. Breckinridge
of Kentucky, the Democratic
nominee for Vice President,
was elected, with James Bu-
chanan as President. Young
Breckinridge was peculiarly
fitted to become the leader
of the Democratic forces
of his State. He was
brave, with a winning
manner and a ready ora-
tory. His sympathies went
out ardently toward the
South in the question which
In the ensuing State elections,
the Democrats were victorious. In 1859, Beriah Magoffin,
Democrat, was elected governor, and a majority of Demo-
crats was obtained in both houses of the legislature.
Although the Democracy held the scepter of power, yet
there still existed in the State that old conservative element
whose influence has been repeatedly noted. This element
John C- Breckinridge
was now before the nation
IHE SnUATION IN KENTUCKY
has been known to us most recently under the appellation
Whig. Left now without a party name, the men of that
policy became designated for a time simply as ^he conserva-
the ** Opposition." But they were soon to tive element
make for themselves a name which is expressive of the
work they did for their State and the nation, — Conserva-
tive Union party.
This body was composed of some of the purest and most
patriotic men the State has ever produced. In their num-
ber will be found the names of such able judges as L. W.
Andrews, R. A. Buckner, C. F. Burnam, W. B. Kinkead,
Joseph R. Underwood, and Nathaniel Wolfe ; of such dis-
tinguished statesmen as Joshua F. Bell and James Guthrie ;
and of such brilliant editors as George D. Prentice of the
houisviWe /o lima/, John H. Harney of the Louisville i)^;;/^-
crat, and D. C. Wickliffe of the Lexington Observer and
Reporter. And there were many others who, in the legis-
lature, in public speeches to the citizens of the State, and
in newspaper editorials, likewise labored to avert the
threatened dissolution of the nation. Of these men, John
J. Crittenden stood as the representative type in the Federal
Congress. All hopes were now turned to him to save the
The North and the South hold con-
They interpret the Federal constitu-
Slavery becoming a serious prob-
Slavery not necessary to Kentucky.
Large slave population of the State.
The slave problem repeatedly dis-
turbs the people.
Gradual emancipation advocated.
Extreme abolitionists excite temper
in the people.
"The underground railroad."
Many slaves captured in this way.
The careless lives of the slaves.
An aboUtion newspaper forcibly dis-
The " committee of sixty " tried and
Lexington's action commended bv
THE CIVIL WAR
Kentucky opposed to abolitionism.
Her belief in State Rights.
Her ardent attachment to the Union.
Henry Clay's prophesy concerning
New States ask admission to the
Question of slavery in the new States.
Clay's Resolutions of 1850.
The various measures carried.
Clay's death two years later.
Whigs carry most of the elections of
Lazarus W. Powell, Democrat,
Cassius M. Clay heads an Emancipa-
tion ticket in 1851.
Archibald Dixon succeeds Clay in
United States Senate.
National downfall of the Whig party.
Crittenden holds it together a little
longer in Kentucky.
Rise and fall of the Know-Nothing
John C. Breckinridge the Democratic
Beriah Magoffin, Democrat, governor.
Old Whig party first called the " Op-
Becomes the Conservative Union
Its members men of weight in the
KENTUCKY'S POSITION OF NEUTRALITY, Nov. i86o-June i86i
It is a curious coincidence that the two men who were
destined to take the poHtical lead in the great conflict of
the nation were born in Kentucky, within one
•' . Lincoln and
year of each other. Jefferson Davis was born Davis, natives
June 3, 1808, in that part of Christian County
which afterward became Todd County
family moved _^,^
IM i s s i s s i p p i ,
where he be-
with the spirit
and the customs
of the planters.
coln was born in
a log cabin in
that part of
County, on the
1 3th day ot
KENT. HIST. — i i
1 62 THE CIVIL WAR
In his boyhood, his family moved northward into the
uncultivated regions of the newly opened West. From
a life of vigorous physical toil and earnest mental exer-
tion, he learned those lessons of truth and freedom which
prepared him for his mission.
In November, i860, Abraham Lincoln was elected
President of the United States. The leaders of the South
had declared that in the event of his election
Southern they would withdraw from the Union. Seces-
sion feeling was growing. On December
17, South Carolina met in a State convention that re-
sulted in the secession of that State from the Union on
December 20. Within two months Mississippi, Florida,
Alabama, Georgia, Louisiana, and Texas followed this
precedent. On December 18, John J. Crittenden offered
in the United States Senate certain compromise proposi-
tions which, if adopted as amendments to the Federal con-
stitution, he hoped would bring peace between the North
and the South. But the propositions were voted down.
The country was in no state of mind to listen to reason.
Ten years had passed since Clay had carried in that same
body his compromise measures of 1850. For ten years
fuel had been added to the flame which was then burning
in the North and in the South. In 1850. it was possible to
subdue it; in i860, it had grown beyond the power of man
In January, 1861, a committee composed of one member
from the representation in Congress of each of the Bor-
^ der States met and framed other compromise
compromise resolutions which Crittenden, a member of the
committee, accepted as substitutes for his own.
But these proposed amendments met the same fate as their
predecessors. In the meanwhile, at home, the Union mer)-.
KENTUCKY'S POSITION OF NEUTRALITY 163
upheld the hands of their senator. Conventions passed
resohitions in favor of his efforts to avert the approaching
catastrophe. Earnest speakers addressed the citizens in
different parts of the State and implored them to be mod-
erate in their actions. " Secession," they said, " means
revolution, and revolution means war. And war with
whom.? With our neighbors, our friends, our brothers!"
In glowing language they urged the citizens nobly to face
the wrongs which the South had suffered from the North,
not failing to recognize, at the same time, the honor and
the blessing of living in a great united country ; and to
stand hrm in the position they had taken for the Union.
On the 17th day of January, 1861, the legislature met
in called session. Governor Magoffin, in his message, set
forth the condition of the country as it ap- The governor's
peared to him at the time, and strongly recom- message
mended the calling, forthwith, of a State convention to
determine the future attitude of Kentucky toward the
Federal government. The governor also recommended
the arming of the State ; the appointment of commission-
ers to act for Kentucky in a convention of Border Slave
States to meet in the city of Baltimore at an early day ;
and the presentation of the Crittenden compromise, or its
equivalent, as an ultimatum.
Many members of the Democratic party advocated call-
ing a State convention. Notable among these was Vice
President Breckinridge, who definitely ex- Democratic
pressed his views on the subject in a letter to ^^®^^
the governor received a few days before the legislature
convened. After giving a summary of the Crittenden
compromise propositions, and mentioning other efforts
which had been made to settle the political differences then
dividing the country, he stated his firm conviction that no
1 64 THE CIVIL WAR
plan of adjustment would be adopted by Congress. He
therefore gave his voice for a State convention. In his
opinion, civil war was imminent unless it could be arrested
by the prompt and energetic action of the several States in
their sovereign capacity. He believed that it might be
arrested if Kentucky and the other Border States should
calmly and firmly present a united front against it. But if
the war could not be avoided, he desired that Kentucky
should be in a position to decide whether she would sup-
port the Federal Union or the Southern cause.
On the other hand, the Union men were distinctly
opposed to calling a State convention. They argued that
Union views on such a Convention would not better the condi-
the subject ^-Qj^ q£ Kentucky, that the legislature had full
power to do everything necessary for the good of the
Commonwealth. On one point only it could not act. It
could not withdraw the State from the Union. It was
only through the action of a State convention that such a
step could be taken. They believed that if a convention
were called, Kentucky might be led to secede. They were
assured that most of the people of the State were attached
to the Union ; but they knew that in times of high excite-
ment men may be tempted to rash action, contrary to
their sober judgment.
In the legislature, this important matter was earnestly
argued by both sides ; but finally the decision was reached
that action at that time on political affairs was
against a State both unnecessary and mexpedient, and the
convention legislature refused to call a convention that
might take the State out of the Union. On February ii,
the legislature adjourned until March 20. Little was
done at this second session of sixteen days beyond further
discussion of the state of the country. By special invita-
KENTUCKY'S POSITION OF NEUTRALITY
tion, an address from the Union standpoint was delivered
by John J. Crittenden, which was followed several days
later by another from the Democratic point of view by
John C. Breckinridge. Crittenden had just left the United
States Senate. Breckinridge was his successor.
On the 4th of February, a Peace Conference of twenty-
one States assembled at Washington. Kentucky sent six
delegates, — William O. Butler, Joshua F. Bell, Definite turn
James B. Clay, James Guthrie, Charles S. ^^^^^^^^
Morehead, and Charles A. Wickliffe ; but nothing was
accomplished by this
meeting. All efforts
were of no avail.
Matters were tending
to a crisis. By this
time seven States
had seceded. On the
same day that the
opened in Washing-
ton, delegates from
six of the seceded
States met at Mont-
gomery, Alabama, to
frame a government
for The Confederate
States of America.
Jefferson Davis was
elected President. On the 4th of March, Abraham Lin-
coln was inaugurated President of the United States.
On the 1 2th of April, 1861, the first gun in the war
between the States was tired on Fort Sumter, in South
1 66 THE CIVIL WAR
Carolina. The garrison was under the command ot
Major Robert Anderson of the United States army, a
Beginning native of Kentucky. On the 14th, the Federal
of the war forces were compelled to abandon the fort.
The President immediately made proclamation for troops.
Kentucky was called on to furnish four regiments for the
service of the government. Governor Magoffin promptly
telegraphed the following reply to this demand: **In an-
swer, I say, emphatically, Kentucky will furnish no troops
for the wicked purpose of subduing her sister Southern
States." Troops requested for the Confederate States
were also refused by the governor.
The Union men now nerved themselves for a mighty
effort to hold Kentucky in a position of neutrality. On
the 17th of April, Crittenden made a speech
Efforts to hold ' . , . ,
Kentucky to a large audience at Lexmgton. He brought
all the weight of his great intellect to bear on
his appeal to the people to maintain an independent
course. Kentucky, he showed, had done nothing to bring
on this war ; she had done everything in her power to
prevent it. Now that civil strife was begun, there was no
reason why Kentucky should be forced to take part either
with the North or the South. Let her stand true to the
Union alone and remain in her place as a peacemaker.
The Union State Central Committee (formed January 8)
followed up this line of argument in an address to the
people. They earnestly urged that Kentucky should
persevere in a position of neutrality, and they recom-
mended that she should arm herself thoroughly, so that
she might protect her soil from the invasion of either the
Federal or Confederate forces. Similar Union meetings
were held in various localities. Everywhere, it was evi-
dent, the desire of the people was for neutrality.
KENTUCKY'S POSITION OF NEUTRALITY 1 67
Thus two facts are apparent to us, — that the people
of Kentucky were ardently attached to the Union, and
that they were distinctly opposed to war. Kentucky's at-
They believed that the disagreement between titude toward
the North and the South ought to be settled
in some peaceable way. They shuddered- at the thought
of civil war — war between friends and kindred. There-
fore there was no probability, just at this time, that the
State would decide to unite with the Federal government
in resisting the secession of the Southern States.
The extreme Unionists — - those who were ready for war
— were in the minority. But it was possible that Ken-
tucky might decide to support the Southern cause. The
Conservative Union men and the Democrats were agreed
in believing that the Northern congressmen had no right
to make laws against the slave property of the South.
But the Democrats believed in the doctrine of State
Rights, — that a State had the right to secede when it
judged that the Federal government had acted unconsti-
tutionally toward it. They dwelt upon the wrongs the
South had suffered, and the subject appealed to the spirit
of many of the gallant young men of the Commonwealth.
The Kentuckian, from the days of his earliest conflict
with Indians, had allowed no foe to overcome him. It
was his impulse now to rush forward and take his stand
beside his resisting brethren. It would not have been
impossible, perhaps, by a few impassioned speeches on
this line, to have turned the State into the Confederacy.
In this state of feeling the legislature was again assem-
bled in called session, May 6. At first it ap- Legislature
peared as if the Southern Rights element was in toria7n™u-^^'
the majority. But there were in that body a traiity
number of old tried WhigS', — Union men now, — who braced
1 68 THE CIVIL WAR
themselves to exert every effort to keep their State from
the horrors of this war, and to hold her true to the Union.
Their strength was as the strength of many because they
were convinced that their purpose was righteous. More-
over, they were upheld by the will of the people. Petitions
poured in from the women of the State, imploring the
legislators to " guard them from the direful calamity of
civil war." Furthermore, several members who had been
elected as Democrats before this crisis of war had come,
now went over to the aid of the Union men. Notably
among these was Richard T. Jacob, later colonel of the
Federal army, and lieutenant governor of the State. And
so it came about that this legislature decided the fate of
the State, and perhaps of the nation, by voting in favor
of mediatorial neutraUty.
Kentucky's position of mediatorial neutrality was pri-
marily a decision for the Union. It did not mean that the
Federal government had no right to raise
Meaning of ° ^
mediatorial troops for its defense on her soil. It rather
neutrality • ■,• ^ i • i i • i
mdicated such a right, and was simply a re-
quest to the Federal government for a postponement of
that constitutional right, in order that an effort might be
made on her part to try to win back the seceded States
to the Union and to secure peace. ^ But if peace were im-
possible, and the war should continue, Kentucky was deter-
mined to stand by the Union, even to her temporary disad-
vantage in the possible destruction of her slave property.
What was gained by this position was delay. In that
hour of impassioned action every moment of rational
inaction was of vital importance.
1 Synopsis of House Resolutions in exposition of the position of the leg-
islature of 1861. Offered by the member from Oldham, Richard T. Jacob,
and accepted by the legislature, September i, 1861.
KENTUCKY'S POSITION OF NEUTRALITY 169
The Union victory was attained by only one vote in the
House and a meager majority in the Senate ; but none
the less was it regarded by the Conservatives
, . . Union victory
as a trmmph which would result m immeas-
urable good. In the list of those who accomplished it are
found the names of men who are known to the nation.
There are R. A. Buckner, Speaker of the House, C. F.
Burnam, Lovell H. Rousseau, James Speed, Joseph R.
Underwood, Nathaniel Wolfe, and others too numerous to
mention. Old men who were present in that legislature
tell us to-day of the deep earnestness of the discussion
through which that decision was reached.
Throughout this study we have had occasion to notice
the sober dignity with which Kentucky has met every
serious issue in her history ; and we have also observed
the important work she has done for the nation. Let us
especially recall the period of her severest trial, — her
tedious struggle for independence from Virginia, — and
we shall find that she decided her course of action in
this present vital hour of the nation's life in harmony
with that judgment which controlled her in the former
The governor issued a proclamation setting forth the
fact of Kentucky's neutrality, and likewise warning and
forbidding any State, whether of the United The governor's
States or of the Confederate States, to enter or P'-ociamation
occupy Kentucky with armed forces. The legislature also
directed that the State should be armed for her own pro-
tection. The necessary funds were immediately raised,
and arms and ammunition were procured for the State
Guards and the Home Guards; and it was especially pro-
vided that neither the arms nor the militia were to be
used against either the United States or the Confederate
THE CIVIL WAR
States, but solely for the defense of the State of Kentucky.
The governor appointed Simon Bolivar Buckner inspector
general, Scott Brown adjutant general, and M. D. West
The President called a special session of Congress for
July 4, 1 86 1. The election thus made necessary is de-
unionmen scribed by One of the Union workers of that
elected timQ as follows : " And now the contest
opened before the people of Kentucky, and the Union
men went boldly and confidently into the fray. . . . All
eyes were at once turned to Mr. Crittenden, and his ser-
vices were demanded in that Congress. . . . The noble
old man heard the call and did not hesitate for a moment.
. . . Animated by intense patriotism and the stirring
scenes around him, he moved through the district with all
the vigor and spirit of a young man, unbent by age, his
manly form erect, his voice clear and thrilling, his eye
blazing with all the fervor which the high responsibility of
his position inspired. Crowds flocked to listen to him ;
the people everywhere responded to his appeal. . . . He
was elected by a large majority. Many others of the best
men of the State were sent to Congress.^ The most trusted
men were selected for the legislature, and secession was no
longer thought of in Kentucky.
*' No one doubts that had Mr. Crittenden faltered at all,
or had he pursued any other course than that which he did
Crittenden's pursue, Kentucky would have been lost to the
influence Union. His personal influence in the late legis-
lature had contributed much to prevent injudicious action.
1 The men selected to represent the State in this Congress were Henry C
Burnett, James S. Jackson, Henry Grider, Aaron Harding, Charles A. Wick-
lifiFe, George W. Dunlap, Robert Mallory, John J. Crittenden, William H.
Wadsworth, and John W. Menzies.
KENTUCKY'S POSITION OF NEUTRALITY
His eloquence and his great popularity secured the tri-
umph of the Union men in his district; and the great
confidence the whole State reposed in him kept the State
in the Union. Should Kentucky at that critical moment
have cast her destiny with the South, who can calculate
what might have been the result ? " ^
Both Lincoln and Davis born in Ken-
Lincoln elected President of the
United States, i860.
His election objectionable to the
South Carolina and six other States
Crittenden's compromise resolutions
rejected by United States Senate.
Border States' compromise resolu-
tions also rejected.
Crittenden's efforts for peace appre-
ciated at home.
Speakers urge the people to be mod-
erate in action.
The legislature meets in called ses-
The governor's message.
He recommends calling a State con-
Democrats generally desire this step.
Views of Vice President Breckin-
ridge on the subject.
He earnestly advocates holding such
It would enable the State to decide
her course toward the war.
Union party strongly oppose calling
a State convention.
They fear the State might thus be led
Legislature decides not to hold a
Legislature addressed on the condi-
tion of the country.
J. J. Crittenden speaks from the
Union point of view.
J. C. Breckinridge speaks from the
Democratic point of view.
Peace conference at Washington ac-
The crisis approaching.
The Confederate States of America
Jefferson Davis chosen President.
Lincoln inaugurated President of the
Confederates fire upon Fort Sumter,
Major Robert Anderson, U.S.A., in
Federals obliged to abandon the
President Lincoln makes proclama-
tion for troops.
Confederate States also request
Governor Magoffin declines both re-
1 W. B. Kinkead in an article on John J. Crittenden in the New York Sun.
THE CIVIL WAR
Union men strive to hold Kentucky
neutral for a time.
Crittenden recommends an indepen-
He shows that Kentucky had no part
in bringing on the war.
He urges the people not to rush into
the contest, but to remain peace-
makers, true to the Union.
Union meetings helcl in various local-
All recommend the same course.
Kentucky much attached to the
Generally opposed to war.
Does not intend just yet to enter the
war on the Federal side.
More chance of her supporting the
It appeals to the sympathy of the
young men of the State.
Conservative Union men and Demo-
crats widely differ on one point.
I Democrats believe that a State has
a right to secede.
Second called session of legisla-
Southern Rights element in the ma-
jority at first.
Conservative Union men make a
Several Democrats come to their
Mediatorial neutrality carried.
This was a plea to the Federal gov-
ernment to postpone raising troops
in the State while further efforts
for peace were made.
Above all it meant a decision for the
The State armed for her own protec-
Special election of Congressmen
Crittenden helps to secure the
THE INVASION OF KENTUCKY, JULY 1861-APRIL 1862
Had the other States followed Kentucky's example of
forbearance, there would have been no war. But perhaps
war was necessary. Perhaps it was the only Beginning of
means by which the abolition of slavery could *^^ tragedy
be accomplished. Of course it was impossible for Ken-
tucky to make peace, and equally im-
possible for her to remain apart from
Outside the borders of the State, at
Camp Clay opposite Newport, and
Camp Joe Holt opposite Louisville,
Federal regiments were being recruited,
and thither in the summer of 1861
hastened many Unionists of the State.
Many dissatisfied Secessionists assem-
bled at Camp Boone near Clarksville,
Tennessee, where Confederate troops
were being enlisted. And thus began
the tragedy in Kentucky ! Most of the
other States went solidly with one side
or the other ; but Kentucky was divided
against herself ! Fathers differed from sons, and went
forth to fight against them. Brothers parted from brothers,
friends from friends. Ah, the awful anguish of it all !
THE CIVIL WAR
On the soil of Kentucky itself Federal forces were
organized at Camp Dick Robinson, in Garrard County, by
Federal and General William Nelson. General Humphrey
wforganized Marshall had a recruiting camp in Owen
in Kentucky County, thirty miles from the capital, where
Confederate forces were organized. In other parts of the
State, Confederate troops were
raised by Colonel Blanton Dun-
can. And still, the State's neutral
position was not yet officially
On the 20th of May, 1861, the
definite Confederate government
was organized at Rich- Kentucky is
mond, Virginia. In ^^^^^
that State, on the 21st of July, the
first great battle of the war was
fought along the banks of Bull
Run stream, not far from Manassas
Junction. The result was defeat
to the Federals, and a general rout
and flight of their forces. Hope
was inspired in the hearts of the Confederates ; but the
Federals fought with renewed energy. Each side watched
Kentucky with interest. The August elections came off,
and the State voted overwhelmingly in favor of the
Unionists. Seventy-six Union to twenty-four State Rights
members were elected to the House ; twenty-seven to
eleven, to the Senate. The newly elected legislature as-
sembled September 2, 1861.
The day following, by an almost simultaneous move
upon Kentucky, the State was invaded by Confederate
forces at two different points. Major General Leonidas
THE INVASION OF KENTUCKY 1 75
Polk, of Tennessee, occupied and fortified a strong posi-
tion at Hickman and Columbus, in the southwest, and
General Zollicoffer established troops near „ ,
Cumberland Gap, in the southeast. Where- invade Ken-
upon, on the 5th, a Federal army of several "^ ^
thousand strong, under an order from Brigadier General
U. S. Grant, entered Kentucky and took its position at
Paducah. The legislature promptly ordered that the flag
of the United States be hoisted on the capitol, to proclaim
Kentucky's Union attitude.
General Polk notified Governor Magoffin that he would
withdraw his troops provided the Union troops were
simultaneously withdrawn ; and offered the Legislature
further guarantee that Confederate troops ^rawaU)f^con-
should remain out of the State provided Fed- federates
eral troops should not be allowed to enter or occupy any
point in Kentucky in the future. Now the Union people
disapproved of the condition thus laid down by General
Polk.^ On the nth, the legislature passed resolutions to
the effect that Kentucky expected the Confederate troops
to withdraw from her soil unconditionally. The governor,
who was opposed to the Union policy, and in sympathy
with the Confederacy, vetoed the resolution, but it was
passed immediately over his veto.
As the Confederate forces refused to comply with this
order, on September 18, the State, in her General Assem-
bly, abandoned the neutrality position, and de-
clared herself an active supporter of the Federal position
government. Resolutions were introduced and
carried: (i) to request General Robert Anderson, who
had already been appointed commander of the Department
1 See p. 1 68, the meaning of mediatorial neutrality.
THE CIVIL WAR
of the Cumberland, which included Kentucky, to take
instant command, with authority to call out the volunteer
force of the Common-
wealth for the purpose
of expelling the in-
vaders from the soil ;
(2) to protect all
while this necessary
duty was being per-
formed ; (3) to request
the governor to give all
the aid in his power
to accomplish this end,
and to call out the
militia force of the
State under his con-
trol, and place it under
the command of Gen-
eral Thomas L. Crittenden ; (4) to invoke the patriotism
and aid of every Kentuckian for the defense of the Com-
monwealth. Again the governor used his right of veto,
and again the legislature disregarded his act. Several days
later, a bill was passed, — notwithstanding the usual veto,
— directing the governor to call out not less than forty
thousand Kentuckians to be placed under the authority
of the commanding general, to aid in expelling the in-
The State Guard, who had been armed and equipped by
the State for her own use and protection, laid down their
The state arms in some instances, and in others carried
Guard them with them, and went almost in a body
into the ranks of the Confederacy, whither their principles
THE INVASION OF KENTUCKY
or sympathy led them. On September i8, their leader,
Brigadier General Simon B. Buckner, was ordered to invade
Kentucky and to fortify
a central camp at Bowl-
ing Green. This point
became, for a time, the
headquarters of the Con-
federate Army of the
West, then placed under
the command of Gen-
eral Albert Sidney John-
ston, a Kentuckian by
As early as July, Gen-
eral Lloyd Tilghman, a
resident of Paducah, had
resigned his position in
the State Guard, and at
the head of the third
Kentucky regiment of infantry, had joined the Confeder-
ate army. Paducah was intensely Southern, and most
of the young men of the city, previously members of the
State Guard, went with Tilghman. From the force of the
State Guard, also, went John Hunt Morgan, then captain
of the Lexington Rifles, to become the famous Kentucky
cavalry raider, — General Morgan of the Confederacy. By
some daring stratagem, he succeeded in evading the Fed-
eral authorities, and leading most of his company, all car-
rying their arms with them, he reached Bowling Green
a few days after General Buckner had taken his station
On the contrary, the Home Guards were nearly all sup-
porters of the Federal government. But they were a
KENT. HIST. — 12
Thomas L. Crittenden
THE CIVIL WAR
body of undisciplined troops who were not always wise
in their conduct. Arrests of innocent persons were fre-
quently made by them, and thereby wrath was
awakened among the Southern sympathizers
against the Union policy the State had adopted.
The legislature heartily condemned all such unjustifiable
arrests, and General Anderson, who was always fair as
well as brave, issued a proclamation of protection to the
people. It was to the effect that no Kentuckian should
be arrested unless he took part, either by action or speech,
against the authorities of the
general or State government,
held correspondence with, or
gave aid or assistance to, the
Under a construction of
this order of the command-
ing general, a ^ . ^
° ^ ' Prominent
number of arrests confederates
. . arrested
were made of
men who, by their position,
were able to give efficient aid
to the Confederate cause.
William Preston Jamcs B. Clay was arrested
for this reason, as were also
Reuben T. Durrett, editor of the Louisville Courier, and
ex-Governor Charles S. Morehead, who were sent to politi-
cal prisons in the East. The judge of Harrison County
and other officers of that court were arrested and sent to
the United States barracks at Newport. Every effort
was put forth to constrain the citizens to submit to the
Union policy which the State had adopted.
The State was being rapidly divested of her South-
THE INVASION OF KENTUCKY
ern sympathizers among the soldiers. During the last
week of September, nearly one thousand Kentuckians
passed into Virginia, to join the Southern confederate
forces. John C. Breckinridge left his seat in ^^^^^^^
the United States Senate to become brigadier general
iri the Confederate army. Other notable leaders of
Confederate volunteers were Roger W. Hanson, Ben
Hardin Helm, George W. Johnson, Humphrey Mar-
shall, William Preston, and
John S. Williams.
Meanwhile the State was
gathering loyal soldiers for
the Federal service. It is
difficult to estimate the exact
numbers furnished to the Con-
federate side ; but it may be
generally stated that about
three times as many of the
inhabitants of the Common-
wealth went into
the Federal army
as into the Confederate.
Nevertheless, many mothers and aged fathers who re-
mained at home awaited in anguish and suspense the
tidings from the opposing armies, each of which contained
dearly loved members of their divided families.
The departure of the Confederates left vacant a number
of State offices. John W. Finnel, an efficient Union mem-
ber of the legislature, was appointed adjutant important
general, in the place of Scott Brown, and official changes
William A. Dudley quartermaster general, in the place of
M. D. West, who had followed his associate into the
Southern army. Bland Ballard was appointed United
THE aVIL WAR
States district judge, that honorable position having been
vacated by its holder, Thomas B. Monroe. John C.
Breckinridge was deprived of his seat in the United States
Senate, and Garrett Davis was chosen by the legislature
to succeed him.
Previous to the 21st of October, only insignificant skir-
mishes had taken place on Kentucky soil ; but on that day
First battles in occurred quite a desperate encounter at Camp
Kentucky ^j|^ Q^^^ jj^ ^hc Rockcastle hills. The Fed-
eral troops were commanded by Colonel T. T. Garrard;
the Confederate, by Brig-
adier General Zollicoffer.
The Confederates were out-
numbered, and in spite of
the efforts of their able
commander, were forced to
retreat. Shortly afterward,
not far away, at Ivy Moun-
tain, in Pike County, a sim-
ilar victory was gained by
Federal troops under Gen-
eral William Nelson.
On the 1 8th of Novem-
ber, there occurred a unique
event. Delegates, elected
by the dissatisfied minority
of the State, assembled at Russellville, in Logan County,
'^ nf d rat ^^^ formed what they called a provisional
government of government for Kentucky. Geore:e W. John-
Kentucky - 1 r 11 i
son was chosen governor, and a luU corps 01
State officials was also elected. Bowling Green was se-
lected as the new seat of government. Henry C. Burnett,
sometime representative in the United States Congress,
THE INVASION OF KENTUCKY l8l
William Preston, and William E. Simms were sent as del-
egates to Richmond, Virginia, and on the loth of December,
the government there established went through the form
of admitting Kentucky into the Confederate States. This
little episode had small effect, however, upon the even
tenor of Kentucky's real administration. Soon the princi-
pal actors in it themselves left their visionary posts, to
enter into the serious events of Southern warfare.
On November 13, Brigadier General Don Carlos Buell
succeeded to the command of the department which in-
cluded Kentucky. Early the following month, Bueii
he had organized at Louisville for the Union ^^ command
army about sixty thousand soldiers. The Confederates
held a long military line from Cumber-
land Gap into Arkansas and Missouri.
They had strong fortifications on the
Cumberland, Tennessee, and Missis-
sippi rivers. They had been greatly
discouraged by Kentucky's unwavering
efforts for the Union; but they still
hoped to gain possession of the State. ^^'I^l" "/'"'''
On January 19, 1862, General George
B. Crittenden, commanding a Confederate force of about
five thousand infantry, came upon the advancing Federal
army, commanded by Major General- George ^^^
H. Thomas, under whom were Colonels Speed Federal victory
Smith Fry and Frank L. Wolford, at Mill ^^^"^^^'^^
Springs, in Pulaski County. The Confederate attack was
led by General Zollicoffer, who was killed after a few
hours' hard fighting. The Federal force, which at the out-
set was some\Yhat less than that of the enemy, was about
this time reenforced. The Confederates were thrown into
confusion and driven to retreat into Tennessee. This was
THE CIVIL WAR
the first of the important victories which led to the evacua-
tion of the State.
Another discouraging defeat to the Confederates was
soon to follow. On the 6th of February, General Lloyd
^„ ^ Tilerhman, in command of the Confederate
Fall of Forts ° '
Henry and Fort Henry, on the Tennessee River, was
compelled to surrender to General Grant. On
the 1 2th of the month, General Grant began his celebrated
assault on Fort Donel-
son, on the south-
'• west bank of the
Floyd, Gideon J.
d Simon B. Buck-
ner. Two Kentucky regiments
were engaged on each side: Colonel
John H. McHenry's and Colonel James
M. Shackleford's, on the Federal; Colonel Roger W. Han-
son's and Colonel H. B. Lyon's, on the Confederate. The
terrible carnage lasted nearly five days, during bitterly
cold weather, rain, and sleet. On the night of the 15th,
Generals Floyd and Pillow escaped with portions of their
brigades. On the i6th, General Buckner proposed terms
of capitulation, but General Grant demanded and obtained
an unconditional surrender.
On the 14th, before the fate of Donelson was definitely
decided, the Confederates abandoned Bowling Green.
On the 27th, Columbus was also evacuated. Federal troops
Bombardment of Fort
THE INVASION OF KENTUCKY
under the chief command of
General Buell — 114,000 men —
uated by the pressing southward.
Confederates ^ ^, ^^, r -i- i.
On the 25th of Feb-
ruary, they took possession of
The retreating Confederates
passed through Nashville be-
tore the advance of the Fed-
erals. General Albert Sidney
Johnston reorganized his army
at Murfreesboro, and having
Battle of Shiloh i ^ i -o
by General Beaure-
gard, again moved southward
to Corinth, Mississippi. General Grant pushed his forces
in a parallel direction and established his camp at
Pittsburg Landing, near Shiloh Church, on the Tennes-
see River. The engagement
which occurred there on the
morning of the 6th of April,
although desired by the Union
army, was hastened by the wis-
dom of the Confederate com
mander. The battle of Shiloh
was one of the most terrible in
the war. The fighting contin-
ued for two days. At the close
of the first day the Federals
were driven in disorder to the
river, and it seemed as though
Albert Sidney Johnston victory wcrc with the Couf cdcr-
THE CIVIL WAR
ates, although their commander, General Johnston, had
fallen with a mortal wound. But in the night General
Grant was reenforced by General Buell with twenty thou-
sand men. After a rushing march of twenty-five miles,
Attack on Fort Donelson
General Buell reached the field in time to turn the victory
to the Federals. But the loss of life was very great, and
the Kentucky regiments suffered more than their pro-
Kentucky's futile efforts for peace.
It was impossible for her to remain
apart from the war.
Kentucky Federals and Confederates
recruited outside the State.
Kentucky's tragic situation.
Federals and Confederates organized
within the State.
The neutrality position not yet aban-
Confederate victory in the battle of
THE INVASION OF KENTUCKY
Conservative Union party carries the
State elections of 1S61.
The newly elected legislature assem-
bles September 2.
Confederates invade the State on the
General Polk establishes troops in
the southwest; General ZoUicoffer,
in the southeast.
Legislature orders withdrawal of the
General Polk refuses unless Federal
truops are also withdrawn.
Legislature demands an uncondi-
Neutrality abandoned, September 18.
Kentucky declares herself actively for
Robert Anderson appointed comman-
der of Kentucky department of war.
T. L. Crittenden, commander of Ken-
Other important resolutions passed by
State Guard joins the Confederate
Young men from Paducah follow
General Lloyd Tilghman.
General S. B. Buckner invades Ken-
tucky, September 18.
Bowling Green the Confederate head-
quarters for a time.
The Confederate general John Hunt
The Home Guard almost entirely
A body of undisciplined troops.
Cause trouble by making unlawful ar-
Prominent Confederates arrested.
Efforts to constrain the citizens to
submit to the Union policy.
Many Kentuckians join the Confed-
Notable Confederate leaders.
About three times as many join the
The households of the State are di-
A number of civil offices left vacant
First battles in Kentucky.
Federal victories at Camp Wild Cat
and Ivy Mountain.
Confederates meet at Russellville, Lo-
Frame a provisional government for
George W. Johnson chosen their gov-
Don Carlos Buell commander of
Sixty thousand Federal troops organ-
ized at Louisville.
Battle of Mill Springs, Pulaski
Federals gain a significant victory.
Fall of Confederate Forts Henry and
One hundred and fourteen thousand
Federal troops pressing south-
Nashville taken possession of.
Another Federal victory in the battle
General Buell's part in the battle.
THE SECOND INVASION OF KENTUCKY, APRIL-DEC, 1862
The Conservative Union people of Kentucky loved the
Union and the constitution above all property considera-
tions, sacrificins: for it kindred and ties of
actively favors sympathy, and life itself. Very many of them
abolition , , i i.i_ v j
were large slave owners, and they relied upon
the protection which the constitution of the United States
gave to their slave property. Many who regretted the
existence of such property, as well as those who approved
it, were agreed in maintaining that the government had no
right to interfere with it. During all the early months of
that time of trial they clung — with a trust that refused to
see the tendency of the issue — to the belief that the
government did not intend to invade the rights of the
South; that its sole object was to suppress the rebellion,
and then to restore the Union and the constitution. But
all the while events were steadily pressing towards the
abolition of slavery. In April, 1862, the first step in this
direction was taken by Congress abolishing slavery in the
District of Columbia. The venerable John J. Crittenden
made one of his last great efforts to defeat this measure,
as did other of the statesmen of Kentucky, — Aaron Hard-
ing and William Henry Wadsworth, in the House of
Representatives, and Garrett Davis in the Senate.
An antagonism was therefore spreading throughout
THE SECOND INVASION OF KENTUCKY
the State to the Federal authorities at Washington. This
was greatly increased by the military policy which was
now adopted. On June i, 1862, Kentucky
was placed under martial law. Brigadier adverse to this
General Jeremiah Tilford Boyle was made
military commandant. Provost marshals were appointed
in every county. Any one suspected of aiding or abetting
the Confederacy was ar-
rested and compelled to
subscribe to an oath of
allegiance to the gov-
ernment of the United
States before he was
discharged. The printed
formula of the oath
stated that its violation
For some time the lives
and property of loyal
citizens had been dis-
turbed by lawless bands
of men called guerril-
las. The guerrillas were
mostly soldiers who had
broken away from the
ranks of the Confederacy, — wild, reckless men, who had
been made inhuman by some injury they or Martial law
their families had suffered from Federal ©tensive
soldiers or authorities. They banded themselves together
and dashed through the country, wreaking their vengeance
upon the innocent victims in the Commonwealth. Now
the order went forth that whenever such depredations
should hereafter occur, the Confederate sympathizers in
Jeremiah T. Beyle
THE CIVIL WAR
the neighborhood where the offenses were committed
should be held responsible and made to pay the damages.
Although these raids were exceedingly harassing, the
measures employed for their suppression were most
objectionable to the Kentuckians generally. However,
General Boyle endeavored to
execute the severe orders of
the secretary of war with as
much leniency as possible.
Meanwhile, an excitement
of a very practical nature had
been created in
the State. Exag- confederate
^ 1 , cavalry raider
were spreading wildly, con-
cerning General John Hunt
Morgan, who with his Con-
federate cavalry had entered
Monroe County early in July on his first Kentucky raid.
This daring leader of a few hundred men did most effective
service to the Confederate cause. The methods he em-
ployed required quick wits and coolness of action.
At Tompkinsville he defeated two hundred and fifty
Federal cavalry, and then moved northward, following the
Jine of the Louisville and Nashville railroad, through Glas-
gow, to Bear Wallow. There an expert operator on his
staff tapped the telegraph wire and, on the ground that all
things are fair in war, sent false dispatches concerning
Morgan's numbers and movements, and also received in-
formation in regard to the Federal plans. The telegraph
was frequently employed in this manner, and the Federal
officers were much mystified and alarmed.
Along the line of Morgan's march, railroads were de-
John Hunt Morgan
THE SECOND INVASION OF KENTUCKY 189
stroyed, supply trains were captured, and horses were
seized for the use of the Confederacy. At Cynthiana,
quite a severe contest occurred. A Federal force of nearly
five hundred, under Colonel John J. Landrum, was captured,
after a resistance of nearly two hours. Being pursued by
General Green Clay Smith and Colonel Frank L. Wolford,
with a Federal force somewhat superior in numbers to his
own, Morgan hastened southward, capturing several towns
on his way, and destroying government stores. He trav-
eled over one thousand miles in twenty-four days, fought
repeatedly, and lost only about ninety of his men.
It is noteworthy that in this time of intense excitement
a change in the highest civil office of the Commonwealth
was made in an altogether dispassionate and
. ™, Orderly change
rather unique manner. The governor, a in the state
Southern sympathizer, had been out of accord ^^'^^^^^^^^^^^'^
with the rest of the administration. He indicated his
desire to resign, provided his successor should be agreeable
to him. The lieutenant governor, Linn Boyd, having died,
the president of the Senate, John F. Fisk (to whom the
governor was inimical) would have become governor upon
the vacation of the office. That gentleman, perceiving the
situation, consented to resign his position. James F. Rob-
inson, a harmonizing member of the Union element, was
elected speaker. Governor Magoffin resigned, and Speaker
Robinson became acting governor. Whereupon, the Hon-
orable John F. Fisk was reelected to his former office.
Morgan's bold ride through the State was but a prepara-
tion for the military disturbance which was now anticipated.
Since the battle of Shiloh there had been
organizing at Chattanooga a force of more than Kirby smith's
forty thousand Confederates, under the chief
command of General Braxton Bragg, for the invasion of
190 THE CIVIL WAR
Kentucky, and especially for the capture of Louisville and
Cincinnati. General Buell, the department commander,
did not anticipate this move. He held his troops between
Murfreesboro and Nashville, expecting an attack in central
Tennessee. During the last week in August, General E.
Kirby Smith, with about one third of this Confederate
army, entered Kentucky at Big Creek Gap and moved on
towards Richmond, where the only organized force of the
State was stationed, — two brigades of seven or eight thou-
sand, mainly undisciplined troops from Ohio and Indiana,
under the command of General William Nelson.
Skirmishing began on the 29th between the advance of
both armies. General Nelson was absent from head-
Battie of Rich- quarters. General Manson of Indiana (the
mond officer next in command), believing he should
encounter only one of the raiding parties then numerous
in the State, pushed on the next morning with his one
brigade and gave attack to the whole of General Smith's
army. The Federals held their own for several hours, but
were finally overcome and driven back in wild confusion
After a furious ride. General Nelson reached the scene
of disorder. Raging and desperate, he vainly tried to
rally his forces. One of his own officers called to his
men to scatter and run, and the infuriated Nelson drew
his sword and cut him to the ground. But he had arrived
too late. The victorious Confederates moved on to Lex-
ington, where several days later they were joined by
Morgan's Confederate cavalry.
On Sunday night the legislature met and adjourned to
Louisville (according to a provision which had been
passed for such an emergency), carrying the archives
of the State thither for protection.
THE SECOND INVASION OF KENTUCKY
While Kirby Smith impatiently awaited the orders of
General Bragg, that officer, with the main army, was
making his slow march into Kentucky. By
way of misleading Buell, Bragg first moved Bueirs contest
westward to Nashville, and when he reached ^'^ ^° "^ ^
Glasgow, in Barren County, he had lost at least ten days.
Sixteen more days were consumed in a march to Lexing-
ton. Meanwhile Buell had
outreached him, and with
an army now numbering
one hundred thousand
men, had entered Louis-
v^ille on September 25.
The conditions of the two
armies were reversed. The
Federals had a most de-
cided advantage. Western
troops had hastened to the
defense of Cincinnati. The
Federal General Lew Wal-
lace was in command. All
chance of the Confederates
capturing that city and Louisville was lost.
On October i, Buell moved out of Louisville to give
attack to the Confederates. A detachment was sent
toward Frankfort, while the main army followed a south-
eastward course. Instead of vigorously grasping the situ-
ation, Bragg tarried at the capital, where the Confederates
went through the vain ceremony of inaugurating Richard
Hawes provisional governor of Kentucky, in the place of
George W. Johnson, who had fallen at Shiloh. The act
was hardly completed when the advance guard of Buell's
army reached the town. Governor Hawes hastened to
192 THE CIVIL WAR
Lexington, and the provisional government of Kentucky
vanished, never to reappear.
The two armies came together near Perryville, in Boyle
County, on October 8. There was fought one of the
Battle of severest contests of the war : a battle terrible
Perryville -^^ ^^g^ ^£ Valuable lives on both sides, and
yet undecisive in result. Of the twenty-five thousand
Federals and fifteen thousand Confederates engaged in it,
at least seven thousand fell in the few hours the fighting
continued between noon and twilight. The immediate
commander of the Federal force was Major General
Alexander McCook; of the Confederate, Major General
William J. Hardee. Nearly half of the Confederate army
was at Frankfort, while the Federals had heavy reenforce-
ments (Major General Thomas L. Crittenden's corps)
within summoning distance. The battle was brought on
through a misunderstanding on the part of the Confed-
erates, who believed they were attacking only a detach-
ment of the Federal force. General Buell, who expected
an engagement the next day, was some distance away and
was not informed of what was taking place before the
battle was half over. And then, through a misunderstand-
ing on his part of the true situation, — supposing Bragg's
entire army was engaged, — he determined not to press
the action further until the morning.
But on the morrow Bragg had withdrawn his forces and
begun his retreat from Kentucky. At Harrodsburg he
Failure of was joined by General Smith's corps. With
to secure^^^^ wisc caution, Buell refrained from bringing on
Kentucky ^^ engagement with the Confederates. Only
sikirmishes tooli place. No other definite battle occurred;
and Bragg escaped from the State, having made a failure
of his whole campaign. After this, fighting on a large
THE SECOND INVASION OF KENTUCKY
scale was practically ended in Kentucky. Again and
again Morgan's "wild riders" spread terror throughout
the State, and repeated skirmishes occurred in various
localities ; but no other Confederate effort was made to
Morgan's Wild Riders
The soldiers of Kentucky were now to be
many of the great battles of the South. They took part
at Murfreesboro, Chickamauga, Missionary The soldiers of
Ridge, Lookout Mountain, Kenesaw Mountain, Kentucky
Vicksburg, etc. ; and everywhere, on both sides, they
were conspicuous for their courage and power of endur-
ance. They were all volunteers, and belonged to the best
families of the Commonwealth, — strong, tall men, un-
KENT. HIST. — 13
THE CIVIL WAR
equaled in size by any other troops of the United States,
with the exception of those of Tennessee.
The Confederate army continued to receive recruits
from Kentucky until the end of the war. Though it is
impossible to state precisely the number given to that
service, it has been fairly estimated as over forty thousand.
It is possible to be more exact in regard to the Federal
numbers. According to the estimates of the adjutant
generals, before the close of the war the State had given
to the Federal service upwards of one hundred thousand
white men, — nearly one tenth of the entire population.
Besides this, eleven thousand negroes were enlisted for
the United States army.
Love of Kentucky Conservatives for
Their trust that the constitution
would be restored after the war.
Belief that the government did not
intend to destroy the institutions of
The first step in the revolution taken.
Slavery abolished in the District of
Columbia by Congress.
Kentucky statesmen vainly try to de-
feat the measure.
The State excited against the Federal
Martial law enforced, June, 1862.
General J. T. Boyle military comman-
Provost marshals appointed in every
Terrible raids of outlaws called guer-
Severe measures enforced to suppress
Morgan's first Kentucky raid.
His quick wits and bold methods.
His victory in the battle of Cynthi-
His effective service to the Confed-
The State administration mainly
Governor Magoffin, a Southern
Rights man, resigns.
His successor chosen in a unique
James F. Robinson, Conservative,
Over 40,000 Confederates organized
General Braxton Bragg in chief com-
The invasion of Kentucky proposed.
The State invaded by E. Kirby
Smith with one third of this army.
The only organized force of the
State at Richmond.
THE SECOND INVASION OF KENTUCKY
General William Nelson, Federal, in
Confederate victory in the battle of
They triumphantly enter Lexington.
Are joined by Morgan's Confederate
The legislature adjourns to Louis-
Bragg's dilatory march to Kentucky.
Buell reaches the State first.
Takes possession of Louisville.
Federals also in possession of Cin-
Buell has the advantage of Bragg.
Bragg's army inaugurates a governor
The two armies meet at Perryville.
A terrible engagement.
An indecisive result.
Fighting ends at twilight.
Buell proposes to continue the action
on the morrow.
Bragg withdraws his forces the next
Buell refrains from bringing on an-
Bragg, joined by General Smith, es-
capes from the State.
War practically at an end in Ken-
Kentucky soldiers in the great battles
of the South.
Their courage and conspicuous size.
Numbers furnished by the State to
CiVIL CONFLICTS, 1863- 1865
The opposition in Kentucky to the Lincoln administia
tion rose to a high tide when on January i, 1863, the
President issued his Emancipation Proclama-
Kentucky ..... . . . , ,.
opposed to Lin tion, hberating the slaves in the seceding
CO n s po icy 5|-atgs. Kentucky, being loyal, was not im-
mediately concerned; but the proclamation was deemed
a violation of the constitution of the United States.
President Lincoln had been elected under a policy which
declared that all the people in the seceded States had to
do was to lay down their arms and return to their allegiance
to the Union, and that then they would be protected in
all their rights by the constitution. As the war progressed,
it seemed necessary to the President to depart from this
policy. But the people of Kentucky, at that exciting time,
could not perceive as we do to-day the destiny which urged
Lincoln on to mighty deeds.
The Radical or Unconditional Union element in the
State alone upheld the administration ; but the controlling
Opposition power was still the Conservative Union, or
increased Union Democratic party, as it was now called.
Their ticket was victorious at the August election. Thomas
Elliot Bramlette and Richard T. Jacob, both Federal
officers, were chosen respectively governor and lieutenant
governor. Although there was hardly a possibility of the
Union ticket being defeated, the most arbitrary means
were enforced to secure its success. The military officers
of the State were controlled by orders from the War De-
partment in Washington. Prior to the election, martial
law was declared. The polls were guarded by soldiers, and
no disloyal person was allowed to vote. The Kentuckians
very generally resented this interference of the military
rulers with their civil government.
In the autumn of 1863, President Lincoln called for
three hundred thousand more men to prosecute the war.
Kentucky's quota was twelve thousand seven uggro soldiers
hundred and one. Early in January, 1864, ^^^^^^^^
the Federal government began recruiting in the State
negro regiments for the United States army. Now the
people of Kentucky had
ever been true to the
Union. No call for
men and money had
been made upon them
that was not promptly
met. They were gal-
lant soldiers, proud of
their military record.
The negroes were their
slaves. To arm these
slaves and place them
by their side in battle
seemed to them at
that time a degrada-
tion to themselves and
to that high calling
foi which they had volunteered their lives. What we
name race prejudice to-day was, at that time, an almost
Drilling Negro Recruits
198 THE CIVIL WAR
Opposition to this measure and to the men who con
trolled the Federal government burst forth in denunciatory
Indignation of specchcs withiu the State and in Congress.
Kentucky ^|. Lcxington, the daring Federal cavalry
raider, Colonel Frank L. Wolford, with his picturesque,
untutored eloquence, roused the people to revolt from the
idea of " keeping step to the music of the Union alongside
of negro soldiers"; and for his defiance was arrested
and imprisoned. Lieutenant Governor Jacob also de-
nounced the methods of the administration, and likewise
suffered arrest. In Congress, Aaron Harding spoke ably
on the same subject, and William Henry Wadsworth made
a speech which increased Kentucky's claim to orators.
Early in January, 1864, General Boyle resigned the
position of military commandant of Kentucky. He had
Military Striven to fulfill his trying duties as a Christian
oppression gentleman; and his resignation was a misfor-
tune to the Kentuckians. For the next two years the people
were harassed by a series of military rulers who were re-
garded at the time as nothing less than tyrannical. In
February, Major General Steven G. Burbridge was ap-
pointed commander of the department of Kentucky. He
belonged to the extreme Radical wing of the Union party
in his State, and he met the situation in Kentucky in what
seemed a harsh and unrelenting manner.
The terrible guerrilla raids, alike condemned by honor-
able Confederates and Federals, became exasperatingly
Notorious frequent during the last years of the war.
guerrillas Scarcely a county in the State escaped their
depredations, and their leaders usually succeeded in evad-
ing the officers of the law. It was only after long months,
when unnumbered crimes had been committed, that three
of the most notorious leaders were captured : and then by
CIVIL CONFLICTS 1 99
accident. Captain Billy Magruder, of a powerful gang,
had been dangerously wounded. Two of his comrades,
Henry Metcalf and "Sue Munday," — showing that spark
of goodness which exists in all human beings, — had tarried
by to nurse him. They were captured, and Munday, the
most conspicuous of the three, was taken to Louisville and
hung, although to the last he maintained his innocence of
the crimes with which he was charged.
Meanwhile terror filled the hearts of the aged, and the
women and children ; for none were exempt from the-
guerrilla cruelties. The civil authorities of the civii and miu-
Commonwealth made an earnest effort to sup- tary conflicts
press this evil, but they did not have the power which
belonged to their offices. From now until the establish-
ment of peace they were disturbed and enfeebled by un-
avoidable conflicts with the military rulers which the
secretary of war placed over the State.
The new commanding officer, General Burbridge, as-
sumed control of the State. The measures which he
adopted to suppress the guerrillas were thought very gen-
erally to be as brutal as the acts of those outlaws them-
selves. He issued an order to the effect that whenever a
citizen was killed by guerrillas, four military prisoners
should be taken to the spot where the murder was com-
mitted, and hung in retaliation. These prisoners were
supposed to be guerrillas, yet as has been stated, guerrillas
were seldom captured. The victims were usually simply
Confederate prisoners of war. Strong opposition to such
measures was expressed throughout the State, but to no
effect. In the western district, where Brigadier General
E. A. Paine was in command, the military acts grew so
oppressive — extending even to bold murder and robbery
— that many peaceable citizens were obliged to abandon
THE CIVIL WAR
their homes to escape a horrible fate. In several cases,
even loyal men who had fought for the Union, were
arrested by order of General Burbridge and sent outside
of Kentucky, because they had expressed their opposition
to the men in control of national affairs. But these were
not all the grievances which the people of that day had to
deplore. The Federal officers further encroached upon
the civil powers by attempt-
ing to control the elections of
In August, 1864, the elec-
tion for judge of the court of
appeals in the „. ,
^^ ^ ^ Victory of Con-
second district servatlve union
, , party
was to take place,
as well as for some minor
county and precinct officers.
Judge Alvin Duvall, a South-
ern Rights man, was the
Democratic candidate for re-
election. The division in the
Union party of the State,
which has already been noted,
was steadily becoming more pronounced. Mortimer M.
Benton, an eminent lawyer of Covington, was the nominee
of the Radical wing of that party.
Several days before the election. General Burbridge
ordered that the name of Alvin Duvall should not
be allowed to appear on the poll books as a candidate.
This interference of the military authorities with the civil
government was not only insufferable, but altogether un-
necessary. Kentucky was still a zealous Union State.
There was no chance just yet of any Southern Rights
candidate being elected. The coast now seemed cleared
for the election of the Radical candidate, Benton ; but the
Conservative Union men, in righteous resentment of Gen-
eral Burbridge's order, on the very morning of the election,
telegraphed over the district the name of a new candidate,
George Robertson, formerly chief justice, and he was
George Robertson, who was one of the most competent
judges in Kentucky, had always been on the Conserva^
George tivc side in
Robertson politics. He
had taken part in the in-
teresting conflict between
the Old Court and New
Court parties, upholding
the former faction. He
had been a stanch Whig,
and now he was a Con-
servative supporter of the
Union. He stood promi-
nent in the midst of such
able lawyers as Madison
C. Johnson, George Black-
burn Kinkead, Thomas A.
Marshall, and Aaron K.
Woolly, of the Lexington bar, and Samuel Smith Nicholas,
James Guthrie, and James Speed, of the Louisville bar.
The political state of Kentucky was most interesting
at this time. The year 1864 was the year of the presiden-
tial election. Kentucky held three conven- Action of the
tions to select delegates to the national con- three parties
ventions. The Unconditional Union, or Radical conven-
tion, was presided over by Robert J. Breckinridge, a
George B. McClellan
THE CIVIL WAR
Presbyterian divine and political speaker, — a strong con-
trolling spirit in his party. This convention indorsed the
administration and voted for President Lincoln's reelection.
The Conservative Union, or Union Democratic, convention,
of which James Guthrie was the leading spirit, boldly an-
nounced its opposition to Lincoln and declared for General
George B. McClellan. The Democratic, or Southern
Rights, convention was harmonious with the Conserva-
tive, and in favor of McClellan.
President Lincoln received the nomination on the basis
of the Union with-
out slavery ; Gen-
eral McClellan, of
was elected No-
vember, End of the
1864, by ^^^«^^y
majority ; but Ken-
tucky gave a ma-
jority of over thirty-
six thousand to
was at hand. The
State was becoming
relieved of her mil-
Toward the end of the year, Paine was deprived of his
office in the western district, and the following February
General Burbridge was replaced by General Palmer, to the
great satisfaction of the Kentuckians.
Ulysses S. Grant
On April 9, 1865, the Confederate General Robert E.
Lee surrendered the Army of Northern Virginia to General
U. S. Grant, at Appo-
mattox Courthouse, Vir-
Five days later, Abra-
ham Lincoln was assassi-
nated at Ford's theater,
in Washington. But he
had finished his work.
The cause for which he
lost his life was estab-
lished. In December,
1865, the Thirteenth
Amendment to the
Federal constitution —
which declared that nei-
ther slavery nor involun-
tary servitude should
any longer exist in the United States — was ratified by
three fourths of the States and became a part of the con-
stitution. Kentucky opposed the amendment.
Robert E. Lee
Lincoln departs from the policy he
was elected under.
Issues the Emancipation Proclama-
tion, January I, 1863.
Radical Union party of Kentucky ap-
proves his course.
Conservative Union party denounces
Conservative Union party the con-
Colonels T. E. Bramlette and R. T.
Jacob, Conservatives, elected gov-
ernor and lieutenant governor, Au-
Martial law enforced during the elec-
Negro soldiers first recruited in the
State, January, 1864.
Jacob and Wolford denounce the ad-
ministration on this account.
THE CIVIL WAR
They are arrested and banished.
General Boyle resigns his office.
S. G. Burbridge, a Radical .Union
man, appointed commander of
Kentucky military department.
The beginning of harassing situa-
The State's civil rulers are Conserva-
The military rulers are Radical.
They are in conflict until peace is es-
Munday, Magruder, and Metcalf, no-
Many crimes committed by them and
Confederate prisoners of war hung
General E. A. Paine's course in the
The military attempt to control elec-
Judge Alvin Duvall, a Southern
Rights man, candidate for reelec-
tion to court of appeals.
Military forbid his name to appear
on the poll books.
Efforts of the military to elect the
Defeated by the prompt action of
George Robertson, Conservative,
Conservative Union, Radical Union,
and Democratic conventions held.
The Radical Union convention for
Conservatives and Democrats support
McClellan for President.
President Lincoln reelected.
Kentucky's large vote for McClellan.
General Burbridge replaced by Gen-
Kentucky rejoices over Palmer's ap-
Paine removed in the western dis-
Peace at hand.
Lee surrenders at Appomattox Court-
Abraham Lincoln assassinated.
The Thirteenth Amendment passed.
Slavery abohshed in the United
States, December, 1865.
V — THE NEW KENTUCKY, SINCE i86^
THE RESTORATION OF PEACE, 1865-1875
On December 18, 1865, the Conservative majority in the
legislature passed resolutions of general pardon to all
citizens who had fought for the Confederacy. Return of the
As the Confederate soldiers returned to their confederates
old places, the Conservative men, who still had control of
the State, stretched forth their hands in welcome, with a
promise to forget the differences which had separated
them in past issues, in the hope that the good men of all
parties would unite with them for the restoration of peace.
But in this they were disappointed. The Confederate
soldiers had just suffered defeat. They believed that the
support which the Conservative men caused „
^ ^ Powerful
the State to give to the Union was an impor- Democratic
tant factor in that defeat. Therefore, they had
little desire for party harmony with those men. Also, the
people in general, who had stayed at home and taken no
active part in the war, had suffered so much from the mil-
itary rulers which the Republican party had placed over
the State, that they felt a temporary hostility towards
Union principles. Even a portion of the old Conservative
element went over into the more extreme position of the
THE NEW KENTUCKY
Democrats. Thus, when the Democratic State convention
met at Frankfort, February 22, 1867, to select nominees
for the pending August elections, it showed a large and
powerful body. At the other extreme stood the Radical,
or Republican, party, which had steadily, though slowly,
increased in the State, and at this time received also a
portion of the Con-
servative force. This
party put forth a
ticket headed by S.
M. Barnes and R. T.
The men who still
adhered to the Con-
servative ^ X ,t **x.
Downfall of the
o r gan-
ized in Louisville in
the spring of 1867
and nominated W. B.
Kinkead for gover-
nor, Harrison Taylor
for lieutenant gover-
nor, John M. Harlan
for attorney-general, J. S. Hurt for auditor, Alfred Allen
for treasurer, J. J. Craddock for register, and B. M.
Harney for superintendent of public instruction. They
had no hope of carrying the election. Their purpose in
presenting a ticket was the opportunity thereby gained of
making known their principles. Their work was finished.
They soon dissolved as an organization and passed mainly
into the Democratic party. A few, however, went with
the Republicans. Distinguished among these were C. F.
William B. Kinkead
THE RESTORATION OF PEACE
Burnam, John M. Harlan, James Speed, and William
Henry Wadsworth, who received high national ap-
The Democratic ticket was composed of John L. Helm
for governor, John W. Stevenson for lieutenant governor,
John Rodman for attorney-general, D. Howard Democratic
Smith for auditor, J. W. Tate for treasurer, J. *"^°^p^
A. Dawson for register, and Z. F. Smith for superintend-
ent of public instruction. The
Democratic candidates were
elected by an enormous ma-
jority, and the politics of the
State was settled for many
years to come. Until the
present day this party has
had almost undisputed power.
Only Democrats of Southern
sympathies were elected to
Congress, with one exception.
Major George M. Adams,
a Federal soldier, who had
now joined the Democratic
party, received the election
in the 8th district ; and for
some time he alone was al-
lowed to take his seat in Congress.
On September 3, 1867, John L. Helm received the oath
of inauguration as governor, while lying dangerously ill at
his home in Elizabethtown. Five days later johnw.
he died, and John W. Stevenson, the lieutenant Stevenson
governor, became acting governor until the following
August, when he was elected governor. Governor Steven-
son was a man eminently fitted for the position to which
William H. Wadsworth
THE NEW KENTUCKY
he was called. He was a lawyer, and at the Covington
bar had gained the reputation of exceptional ability. By
this time Kentucky was in a state of financial prosperity
and comparative peace,
^ ' though law and order
were not yet firmly es-
One of the causes of
the disturbance of the
peace was the establish-
ment in the State, in the
year 1865, of agencies
of the Freedmen's
Bureau. In preedmen's
March, 1865, ^"^^^"
Congress had passed an
act setting free the
wives and children of
_^, negro soldiers. This
was prior to the adop-
tion of the Thirteenth
Amendment to the Federal constitution, which declared
that slavery should no longer exist in the United States.
We have seen that the emancipation act of 1863 did not
practically affect Kentucky, which was a loyal State ; but
the agents of the Freedmen's Bureau attempted to en-
force this law in Kentucky. They demanded money for
the services of the wives and children of negroes who had
been enlisted in the United States army. The proceed-
ing was deemed unconstitutional, and was deeply resented
by the Commonwealth.
A number of suits were brought for this cause by the
Freedmen's Bureau ; but they were all lost, as the court
John W. Stevenson
THE RESTORATION OF PEACE 209
of appeals sustained the lower courts. The first was
against Garrett Davis, then ably representing Kentucky in
the United States Senate, — a stanch Union man and a
large owner of slaves. The effect of the Freedmen's
Bureau was: (i) to irritate the people against the Re-
publican party, the party in power in the nation ; (2) to
strengthen the Democratic party ; (3) to retard the ad-
vancement of the negro.
The organization assumed the guardianship of the race.
It awoke an opposition on the part of the slave to his
former owner, and thereby prevented the friendly rela-
tions which to-day exist between the two races. By 1870,
the Fourteenth and Fifteenth Amendments to the United
States constitution were ratified and the rights of citizen-
ship and suffrage were conferred upon the negroes of the
Another cause of the disturbance of the peace was the
terror created in various counties of the State — especially
Marion, Boyle, Lincoln, and Mercer — by
' -^ ' ' -; Kuklux
bands of men at first called Regulators and
afterward Kuklux. These men took it upon themselves
to punish the offenders s against the laws of the State.
When a crime was committed, a large number of them
would go out together in the dead of night, thoroughly
armed, and disguised by masks, proceed to the home ol
the culprit, drag him out of bed, take him to the woods,
and whip him or inflict some other torture upon him.
The members of the Kuklux pretended that such acts
were done by them in order to intimidate evildoers, and
thereby improve the moral condition of the State ; but in
reality these men made themselves criminals of the most
dangerous order. Their conduct was wrong enough when
their cruelties fell upon the guilty; it was horrible when
KENT. HIST. — 14
2IO THE NEW KENTUCKY
the innocent became their victims. The Kuklux were
suppressed by 1873, but the lawless spirit which animated
them has not yet wholly died out in Kentucky. Sometimes,
particularly in the hill country, lynchings still occur — the
speedy executions of mob law.
Governor Stevenson, having been elected to the United
States Senate in February, 1871, resigned the position of
governor, and Preston H. Leslie, acting lieu-
for the first tenant governor, assumed the duties of the
office. The following August he was elected
governor. His opponent was the eminent Republican,
John M. Harlan. John G. Carlisle was elected lieutenant
governor. The Democratic majority was greatly reduced,
because of the addition to the Republican numbers for the
first time of the negro vote. Whereas, in the presidential
vote of 1868 the Democratic majority in the State had
been seventy-six thousand, at this time it was scarcely
more than thirty-seven thousand.
At the close of the war was begun a much-needed
reform in the public school system of the State. We
Educational have noticcd that Kentuckians had never
affairs been indifferent to education ; nevertheless,
the facilities for public education had never been of the
very highest. Old Transylvania University had now
passed away. Center College, chartered by the Presby-
terians in 1 8 19, still existed, and retained somewhat of
that picturesque interest which had formerly belonged to
it. Its distinguished presidents were from some of the
most prominent families of the State, — Reverends Jere
miah Chamberlin, Gideon Blackburn, John C. Young,
Lewis W. Green, and William L. Breckinridge. Other
denominational colleges existed in various parts of the
State, but Kentuckv was befi:inning to realize that it is
THE RESTORATION OF PEACE
upon the public schools that the educational life of a
The financial condition of the Commonwealth at the
close of the war was good. In 1873, there occurred a
financial panic which was the greatest ever penodof
known in the history of this nation. Though <i"^^^"**^
much individual loss was endured in Kentucky, as a Com-
monwealth she suffered less than many of the other
States of the Union.
A bill having passed the legislature to establish a geo-
logical survey in Kentucky, in 1873, Governor Leslie
appointed Nathaniel Southgate Shaler, then filling the
chair of Geology in Harvard University, as chief of the
corps of survey. Professor Shaler, a Kentuckian, brought
into the work an earnest enthusiasm, as well as exceptional
scholarship. Vast sums of money were expended, and the
wealth which lies hidden in the depths of Kentucky was
discovered and made known.
Conservatives still in power.
Pardon and return of the Confederate
Reaction against Conservatism.
Large growth of the Democratic
party in 1867.
Lesser growth of the Republican
Conservatives offer a ticket with no
hope of election.
They pass mainly into the Demo-
cratic party, but some become dis-
tinguished among the Republicans.
Democrats carry the State.
Governor John L. Helm dies a few
days after his inauguration.
He is succeeded by John W. Steven-
son, lieutenant governor, who is
elected governor the following year.
The Freedmen"s Bureau causes an-
noyance and retards the advance-
ment of the negro.
The Kuklux, a low order of secret
outlaws, disturb the peace.
Governor Stevenson elected United
Preston H. Leslie becomes acting
governor, and then governor ( 1 87 1 ).
John G. Carlisle, lieutenant governor.
Negroes vote for the first time.
A public school reform begun.
Financial panic of 1873.
Professor Shaler, State geologist.
Kentucky's resources pointed out.
THE ERA OF TRANSIHON, 1 875-
TH E future greatness of Kentucky must depend largely
upon education. The reform in the public instruction of
Public educa- ^^^ State, begun after the Civil War, has been
tioninthe progressing toward a more elevated standard.
For the training of school teachers, the State
estabhshed (1906) two well-equipped Normal Schools for
white persons, one at Richmond and one at Bowling Green ;
and (1886) one for colored persons, at Frankfort. The
State has also a continually enlarging institution for higher
The State College of Kentucky (Agricultural and Me-
chanical College) owed its origin to the act of Congress
of 1862 donating public lands for its endowment. From
1865 to 1878 it was attached to the old Kentucky Uni-
versity. In 1880 it was placed upon an independent basis,
under the management of a Board appointed by the State.
In 1908 it was reorganized as the State University (the
older Kentucky University being renamed Transylvania
University). It now owns grounds, buildings, and other
property valued at about ;^ 1,000,000. To James K. Pat-
terson, its learned and efficient president from 1869 to
1909, and to the late Judge W. B. Kinkead, long the
chairman of the Executive Board, is due the provision
which opens all its classes to young women, placing them
on an equal basis with the male students. Each county
is entitled to send a certain number of white students who
THE ERA OF TRANSITION 213
may attend the University for a full four years' course,
free of tuition, matriculation, and dormitory fees. All
appointments are made by the county superintendent of
schools, upon competitive examination of applicants be-
tween the ages of fourteen and twenty-four years ; but
preference is given to those who have passed through the
pubhc schools. The University is thus the head of the
common school system of Kentucky.
The three State administrations from 1875 to 1887 were
concerned with few matters of definite importance for
this history. In 1875, Tames B. McCrearv, the
/ ,. -^ state politics
Democratic candidate, was elected governor.
During his term of office, two United States senators were
chosen, — James B. Beck, for six years from the 4th of
March, 1877; and General John S.Williams, from 1879.
Dr. Luke Pryor Blackburn, Democrat, was elected gov-
ernor in 1879; his term was notable for his humane effort
to relieve the suffering in the State penitentiary, due to the
overcrowded condition of the institution. J. Proctor Knott,
Democrat, was elected governor in 1883, by a majority
of nearly forty-five thousand votes. James B. Beck was
returned to the United States Senate, and J. C. S. Black-
burn succeeded John S. Williams.
In the year 1884 was started in the city of Louisville an
organization that has had the greatest influence in discover-
ing and preserving the interesting facts in the -phe Fiison
State's history. The Fiison Club owes its ori- ^^"^
gin mainly to the inspiration of its first president, the late
Colonel Reuben T. Durrett, whose knowledge and enthusi-
asm in regard to Kentucky subjects were unsurpassed.
The members of the club reside in the various counties of
the State. By them old garrets have been searched for
forgotten manuscripts, old letters have been brought to
THE NEW KENTUCKY
Reuben T. Durrett, First President of the
Prohibition, a Union Labor ticket
nificant vote, and a Republi-
can ticket, headed by W. O.
Bradley. A considerable in-
crease in the Republican vote
was discovered. At this time,
also, the voters decided to
revise the State Constitution.
On the 3d day of May,
1890, an act to call a consti-
The new tutional conven-
constitution ^ion passed the
legislature, and the second
Monday (the 8th day) of
September following was
appointed for its assembling.
light, and new and im-
portant information has
been gathered concern-
ing the character and
life of the early settlers.
The publications of the
Filson Club are invalu-
able to students of Ken-
In the State elections
of 1887, the Demo-
cratic party state elections
continued in °*'^^7
power. General Simon
B. Buckner was elected
governor. Three other
tickets were run, — a
which received an insis:-
Simon B. Buckner
THE ERA OF TRANSITION 21 5
Important changes were made in the three departments of
State government, — the executive, legislative, and judicial.
Under the first head, a conspicuous alteration is that all
officers are debarred from holding the same office two con-
secutive terms. Under the second head, special legislation
was abolished and necessary provisions in regard to corpo-
rations were made. Under the third head, the superior
court and all statutory courts were abolished. An increase
was made in the number of judges of the appellate court,
— not less than five nor more than seven being required,
and in the number of circuit courts, one being allowed for
every forty thousand inhabitants.
On the 1st of June, 1892, one hundred years had passed
since the admission of Kentucky into the Union ; and the
people again assembled at Lexington to do The centenary
honor to the State's nativity. Here, in the of Kentucky
rhidst of almost unbroken forests, had been organized the
first government of the new Commonwealth. All was
changed since then : much was lost ; much was gained.
There were present this day the old grandchildren of those
who had taken part in the first celebration, by the side of
the young great-grandchildren. The former looked back
with wistful pride into the past, with which they were more
nearly connected ; while the latter looked eagerly forward
to a future brightened by reflections from the heroic back-
ground. Philadelphia sent three paintings as an offering
to the State. Speeches were made in thanks for these and
also to extol, in true Kentucky fashion, the glories of the
past and present. At Woodland Park a barbecue was pre-
pared ; and under the shade of ancient oaks and elms,
burgoo — that mysterious concoction which Kentuckians
know how to brew — was served with the finest of beef
and ham and Southdown mutton which the country could
THE NEW KENTUCKY
offer. And thus another century of promise was ushered
In 1 891, John Young Brown, Democrat, was elected gov-
ernor ; but four years later the Democrats were divided.
The currency On June 25, 1895, the Democratic State con-
questicn vention met in Louisville, for the purpose of
nominating the various State officers for the election which
was to be held the following November. At this time a
desolating panic was sweeping the country. Consequently,
the thoughts of the people were
I much occupied with the con-
sideration of financial matters.
P. W. Hardin, one of the aspir-
ants for the governorship, advo-
cated the free coinage of silver.
Cassius M. Clay, Jr., his oppo-
nent, maintained that the money
question was not a pertinent
issue in a State election. The
national administration, under
Cleveland, strongly opposed
the principle of the free coinage
of silver, and the secretary of
the treasury, John G. Carlisle,
of Kentucky, made three
speeches in the State, upholding the gold standard. Hardin,
however, received the nomination.
The Republican party nominated for governor William
O. Bradley, an advocate of the single gold standard.
Populist and Prohibition party tickets were also named.
Because of the differences in the Democratic party over
the currency question, the Republicans elected their entire
ticket, and Kentucky had her first Republican governor.
■ohn G. Carlisle
THE ERA OF TRANSITION
During Governor Bradley's term as governor much dis-
turbance was caused by toll-gate raiders. Many toll-gates
were destroyed, and the col-
lection of tolls prevented by
violence. The property of
many turnpike companies
was bought by the counties,
and order was restored.
The turbulent legislature of
1896 was composed of an even
number of Republicans and
Democrats, with two Populist
members. For United States
senator, J. C. S. Blackburn, a
free silver advo-
cate, was selected
as the Democratic caucus
nominee for reelection.
Eleven gold standard Demo-
crats, however, refused to go into the caucus. W. Godfrey
Hunter, a representative in Congress, was the Republican
nominee. A few Republicans refused to vote for him.
Intense excitement prevailed, and the legislature adjourned
without having effected an election.
The silver question in 1896 caused a split in the Demo-
cratic party. The regular organization favored the free coin-
age of silver, and supported William J. Bryan
for the presidency. Some of the Democrats
opposed to free silver voted for the candidates for President
and Vice President of the *' National Democratic" ticket —
Palmer and Buckner. The latter had been governor of Ken-
tucky in 1887. The result in the State and in the nation
was a victory for McKinley, the Republican candidate.
William Q. Bradley
Election of 1896
THE NEW KENTUCKY
At a special session of the legislature in 1897, the con-
test over the vacant seat in the United States Senate was
resumed. The caucus nominees were again
J. C. S. Blackburn, Democrat, and W. God-
frey Hunter, Republican. Intense excitement and bitter-
ness were aroused. Finally W. J. Deboe, Republican,
was elected. In 1900, Blackburn was elected senator to
succeed William J. Lindsay. Six years later he was suc-
ceeded by Thomas H. Paynter. Deboe was succeeded by
Ex-Governor James B. McCreary (elected in 1902).
The legislature of 1898 enacted an election bill intro-
duced by William Goebel, State senator, and passed it over
Governor Bradley's veto. This
placed the appointment of elec-
tion officers and the canvassing
of returns in the hands of a
State board of three commis-
sioners to be elected by the
legislature, and of county boards
to be appointed by the State
In 1899 the Democrats, after
a prolonged struggle in their
convention, nominated William
Goebel for governor, and J. C.
W. Beckham for lieutenant
governor. Democrats opposed
to Goebel and to On the verge
the new election of civil war
law named an opposition ticket
headed by Ex-Governor John Young Brown. The Repub-
lican candidates were William S. Taylor for governor and
John Marshall for lieutenant governor. Populist, Prohibi-
THE ERA OF TRANSITION 219
tion, and Socialist-Labor tickets were also in the field, as
they have been in many elections since. The majority of
the election commissioners declared Taylor and Marshall
elected, and they were sworn in. The Democrats con-
tested the election. Hundreds of armed men came to
Frankfort and petitioned the legislature not to depose
Taylor and Marshall ; for it was believed that the legis-
lature was about to decide the contest in favor of Goebel
and Beckham. On January 30, 1900, Goebel was shot by
an assassin concealed in one of the rooms of the execu-
tive building. Governor Taylor declared it unsafe for
the legislature to continue its meeting in Frankfort, and
by proclamation adjourned it to meet at London, Feb-
ruary 6. The Democratic majority of the legislature
ignored his act, but were shut out of the State House by
mihtia. Nevertheless they awarded certificates of election
to Goebel and Beckham, Goebel was sworn in as gov-
ernor, January 31, and on his death was succeeded by
Beckham, February 3. Taylor and Marshall refused to
give up their offices, until after the case was decided
against them by the State Court of Appeals (March 10),
and the Supreme Court of the United States declined
to interfere (May 21). For three weeks there was to be
seen daily the strange spectacle of two different organiza-
tions of the State senate both meeting in the same room
at the same hour, but each ignoring the presence of the
other. Marshall presided over the Republican senators,
who after their roll call would adjourn for lack of a
quorum. The Democratic majority were presided over by
a president pro tem., and carried on business.
Thus from January till May a condition existed which in
other lands would have promptly caused a civil war. It
is greatly to the credit of Kentucky that nearly all our
THE NEW KENTUCKY
citizens refrained from violence, and quietly waited for the
decision of the courts.
Many men were accused of complicity in the murder of
Goebel. Of the few brought to trial, some were convicted
and some acquitted. Taylor was one of the men indicted,
but he fled to Indiana, and
the governor of that State
refused to honor Governor
Beckham's requisition for
him, claiming that men
accused of Goebel's murder
could not obtain a fair trial.
Governor Beckham called
a special session of the legis-
lature to modify the election
law. It was pro-
vided that the
State board should consist
of two commissioners ap-
pointed by the governor,
one from each party,
together with the clerk of
the Court of Appeals ; and that each county board, like-
wise, should consist of one commissioner from each of the
two chief parties, together with the sheriff.
In the presidential elections of 1900, 1904, 1908, and
191 2 Kentucky voted for the Democratic candidates.
Politics since In 1 900 Acting Govemor Beckham was elected
*^°° governor for the unexpired term, by a close vote.
He was again elected governor in 1903, for the next
full term, by 27,000 plurality. Wm. P. Thorne was elected
lieutenant governor. In 1907 the Republicans elected
their State ticket, headed by Augustus E. Willson for
J. C W. Beckham
THE ERA OF TRANSITION
governor, and W. H. Cox for lieutenant governor, by
18,000 plurality. The legislature of 1908 had a Demo-
cratic majority of 8 votes. Ex-Governor Beckham was
the Democratic nominee for United States senator to
succeed Senator McCreary,
but a few Democrats re-
fused to vote for him.
The contest was prolonged
till February 28, when four
Democrats voted with the
Republicans for Ex-Gov-
ernor Bradley, and elected
Much disturbance was
created in the State, espe-
cially during the years 1905
to 1908, as an outgrowth
The -Tobacco ^i the compli-
"^^''" cated situation
that existed in relation to
. ^ , . , ^ Augustus E. Willson
the tobacco mdustry. Com-
panies of men called '* night riders" resorted to various
acts of violence. By them growing tobacco was destroyed,
tobacco barns were burned, and men were assaulted and
whipped. In all, many hundred thousand dollars' worth
of property was destroyed by ** night riders."
The legislature of 1904 appropriated $1,000,000 for a
new capitol building, and two years later added $250,000.
A new site in South Frankfort was chosen, and there a
beautiful capitol, in keeping with the growth and dignity
of the State, was erected in 1905-1909.
In 191 1, former United States Senator James B,
McCreary, Democrat, who had been governor in 1875-79,
222 THE NEW KENTUCKY
was again elected governor by a plurality of 34,000 votes
over the Republican nominee, Judge E. C. O'Rear; and
Democrats Edward J. McDermott, Democratic nominee
again in power f qj. lieutenant govemor, defeated L. L. Bristow,
Republican. Ollie M. James, Democrat, representative in
Congress, was elected United States senator, to succeed
Thomas H. Paynter. His opponent was Edwin P. Mor-
row, United States district attorney for the eastern dis-
trict. The legislature was largely Democratic.
Many acts of importance were passed by the legisla-
ture of 191 2 Chief among these are the two following,
Recent legis- o^ ^ social nature: (i) The County Unit Ex-
lation tension Bill is an act to amend the Kentucky
statute pertaining to the local option law passed many
years ago, under which each county could decide for itself
whether or not to prohibit the sale of intoxicating liquors
within its borders. Under the new act the exception made
in the old law as to cities of the first four classes was
stricken out. A law was also passed in 191 2 prohibiting
the taking or shipping of intoxicating liquors into such
territory, unless upon the prescription of a licensed physi-
cian. (2) Another act qualifies and entitles all women
able to read and write, and possessing the legal qualifica-
tions required of male voters in any common school elec-
tion, to vote at all elections of school trustees and other
school officers required to be elected by the people, and to
hold any school office, or office pertaining to the manage-
ment of schools.
Two other highly important acts that may be defined as
laws of a more distinctly poHtical nature were passed in
191 2 : (i) A compulsory Primary Law, whereby all nomi-
nations are placed under state control, Republicans and
Democrats being required to select their nominees for all
THE ERA OF TRANSITION 223
elective offices on the same day, with the same machinery,
and at the expense of the State ; (2) A Congressional Re-
districting Act, creating eleven congressional districts, of
which nine are normally Democratic, and two Republican.
On May 23, 1914, Senator William O. Bradley died.
Governor McCreary appointed Johnson N. Camden, Demo-
crat, for the few remaining weeks of Bradley's term prior
to the November election. Camden offered himself, and
won, for the short term which ended March, 191 5. Ex-
Governor Beckham was the Democratic aspirant for the
long term. It was a hotly contested campaign, as Beck-
ham strongly advocated state prohibition. He won over his
Republican opponent, Ex-Goverjior Willson, by a plurality
of more than thirty thousand votes. Only two Republi-
cans won in the congressional elections : John W. Langley
of the Tenth district, and Caleb W. Powers of the Eleventh.
The prohibition movement has advanced steadily in the
State for twenty years, since the law requiring scientific
temperance instruction in the public schools Prohibition
was secured through the efforts of the Ken- ^o'^e^ent
tucky Woman's Christian Temperance Union. In 191 5
all but fourteen counties of the State had voted in favor of
the abolition of the liquor traffic. There were only twenty-
three places in Kentucky where licenses were issued, and
all of the rural territory was under local prohibition. A
bill offered before the legislature of 1914 by W. M. Webb,
representative from the counties of Johnson and Martin,
submitting the question of state-wide prohibition, passed
the lower house by more than the required vote. It was
defeated in the senate by a parliamentary technicahty.
Kentucky has made recent marvelous advancement in
industrial affairs. Improved methods of farming are now
being generally adopted. Since 1880, the annual product
224 '^^E NE^ KENTUCKY
of her farms has more than doubled in value, as has also
that of her manufactures. But the greatest development
Industrial ^as occurred in her coal industry. In 191 5
progress j|. ^^g estimated that the State had in her two
coal fields, the Eastern and the Western, at least one hun-
dred and twenty billion tons of available coal, and that
Kentucky was fifth among coal-producing states. Her min-
ing industry has advanced rapidly since 1900, when her
coal output was only five million tons. During 1914 it
was more than twenty million tons. The special develop-
ment has been on the upper waters of the Big Sandy River
and its tributaries. There have also been developments,
though as yet less extensive, on the upper waters of the
North Fork of the Kentucky River, and on the Cumberland
River, as well as in the western part of the State.
In recent years the two Normal Schools for white persons
have been placed under a bi-partisan board. Likewise the
board of control for charitable institutions, previously par-
tisan, was, in 1908, made bi-partisan. The legislature of
191 2 abolished the old Prison Commission, and created a
board of control to consist of three members appointed by
the governor. The legislature of 19 14 passed an act pro-
viding for the election of six additional members of the
Board of Trustees of the State University, to be elected
from the alumni, by ballot of the graduates and of those
who have received degrees of the institution, one fifth of
the governor's appointees being also of the alumni.
The important movement pertaining to good roads in
Kentucky, which began about ten years ago> received
special impetus during the year 191 5 through the project
to intersect the State by three great highways, the Dixie,
the Jackson, and the Boone Highway. Road building in
Kentucky began in 1829, and the State now has a national
THE ERA OF TRANSITION 225
reputation in this relation. She stands fourth among the
commonwealths and territories in point of improved roads,
having in constant use nearly 9500 miles of turnpike, most
of which is surfaced with stone, her roads being valued at
At the November election of 191 5 the Democratic can-
didates for governor and lieutenant governor, A. O. Stanley
and James D. Black, defeated by a small plurality the Re-
publican nominees, Edwin P. Morrow and Lewis L. Walker.
Several acts of general interest were passed by the
Democratic legislature of 1916, among which maybe men-
tioned a bill appropriating $5000 yearly for two years to
the Illiteracy Commission, a bill providing for Sunday
closing of saloons, a bill prohibiting fraudulent advertise-
ment, and a Pure Food bill that places Kentucky in the
lead of all states in this matter. Also a bill was passed
making Lincoln's birthday a legal holiday.
In June, 1916, the National Guard was called out, to
serve on the Mexican border. A portion of the Kentucky
brigade (the old First Kentucky Infantry) was not mus-
tered out before the United States entered the world war
(April 6, 191 7), and was then, with the other parts of the
state troops, taken into the Federal service. The Ken-
tucky Guard was trained for overseas service at Camp
Shelby, Mississippi. A cantonment for the training of
National Army soldiers was Camp Zachary Taylor, situated
at Louisville, Kentucky.
For the first time in twelve years a special session of
the General Assembly was called by Governor Stanley, to
convene February 14, 191 7. A permanent Tax Commis-
sion, to succeed the temporary one appointed in 19 16, was
created, and a number of bills designed to increase the
State's revenues, and to distribute the burden of taxation
226 THE NEW KENTUCKY
more equitably, were passed. But the most important
session of the legislature for twenty years was that of
191 8. The National Prohibition amendment was ratified
by a vote of 93 to 15, and a bill to submit to the voters at
the next general election (November, 1919) the Statewide
Prohibition amendment was likewise passed. Also addi-
tional reforms in the ancient financial methods of the
State were effected, the most important being a bill pro-
viding for the Budget System of state appropriations.
Appropriations aggregating ;^i, 150,000 were made.
OUie M. James, United States senator, the nominee of
the Democratic party to succeed himself, died August 28,
1918. Governor Stanley appointed George B. Martin, of
Catlettsburg, for the short term, ending March, 19 19.
Stanley was chosen the nominee of the Democrats by the
State Central and Executive Committees, September 5,
191 8, and at the November election he defeated his Re-
publican opponent, Dr. Ben L. Bruner.
From the foregoing there may be gained some idea of
the events occurring in the State at the present time.
But an account of the new Kentucky must be mainly a
matter of prophecy. The old order of things has passed
away ; the new order has not yet been fully developed.
Kentucky's past usefulness has been clearly demonstrated,
but her possibilities for future greatness can only be
pointed out and anticipated.
CONSTITUTION OF THE COMMONWEALTH
We, the people of the Commonwealth of Kentucky, grateful to
Almighty God for the civil, political, and religious liberties we enjoy,
and invoking the continuance of these blessings, do ordain and estab-
lish this Constitution.
Bill of Rights.
That the great and essential principles of liberty and free govern-
ment may be recognized and established, we declare that : —
Section i. All men are by nature free and equal, and have certain
inherent and inalienable rights, among which may be reckoned —
1. The right of enjoying and defending their lives and liberties.
2. The right of worshiping Almighty God according to the dic-
tates of their consciences.
3. The right of seeking and pursuing their safety and happiness.
4. The right of freely communicating their thoughts and opinions.
5. The right of acquiring and protecting property.
6. The right of assembling together in a peaceable manner for their
common good, and of applying to those invested with the power of
government for redress of grievances or other proper purposes, by
petition, address, or remonstrance.
7. The right to bear arms in defense of themselves and of the State,
subject to the power of the General Assembly to enact laws to prevent
persons from carrying concealed weapons.
Sec. 2. Absolute and arbitrary power over the lives, liberty, and
property of freemen exists nowhere in a republic, not even in the
Sec. 3. All men, when they form a social compact, are equal ; and
no grant of exclusive, separate public emoluments or privileges shall
be made to any man or set of men, except in consideration of public
services ; but no property shall be exempt from taxation except as
provided in this Constitution ; and every grant of a franchise, privi-
lege, or exemption, shall remain subject to revocation, alteration, or
Sec. 4. All power is inherent in the people, and all free govern-
ments are founded on their authority, and instituted for their peace,
228 coNsrnurioN u¥ keniucky
safety, happiness, and the protection of property. For the advance-
ment of these ends, they have at all times an inalienable and indefeasi-
ble right to alter, reform, or abolish their government in such manner
as they may deem proper.
Sec. 5. No preference shall ever be given by law to any religious
sect, society, or denomination ; nor to any particular creed, mode of
worship, or system of ecclesiastical polity ; nor shall any person be
compelled to attend any place of worship, to contribute to the erection
or maintenance of any such place, or to the salary or support of any
minister of religion; nor shall any man be compelled to send his cliild
to any school to which he may be conscientiously opposed ; and the
civil rights, privileges, or capacities of no person shall be taken away,
or in any wise diminished or enlarged, on account of his belief or dis-
belief of any religious tenet, dogma, or teaching. No human author-
ity shall, in any case whatever, control or interfere with the rights of
Sec. 6. All elections shall be free and equal.
Sec. 7. The ancient mode of trial by jury shall beheld sacred, and
the right thereof remain inviolate, subject to such moiiifications as
may be authorized by this Constitution.
Sec. 8. Printing presces shall be free to every person who under-
takes to examine the proceedings of the General Assembly or any
branch of government, and no law shall ever be made to restrain the
right thereof. Every person may freely and fully speak, write, and
print on any subject, being responsible for the abuse of that liberty.
Sec. 9. In prosecutions for the publication of papers investigating
the official conduct of officers or men in a public capacity, or where
the matter published is proper for public informat'on, the truth there-
of may be given in evidence; and in all indictments for libel the jury
shall have the right to determine the law and the facts, under the
direction of the court, as in other cases.
Sec. 10. The people shall be secure in their persons, houses, papers,
and possessions, from unreasonable search and seizure ; and no war-
rant shall issue to search any place, or seize any person or thing, with-
out describing them as nearly as may be, nor without probable cause
supported by oath or affirmation.
Sec. II. In all criminal prosecutions the accused has the right to be
heard by himself and counsel ; to demand the nature and cause of the
accusation against him ; to meet the witnesses face to face, and to
have compulsory process for obtaining witnesses in his favor. He
cannot be compelled to give evidence against himself, nor can he be
deprived of his life, liberty, or property, unless by the judgment of
his peers or the law of the land ; and in prosecutions by indictment
or information, he shall have a speedy public trial by an impartial jury
of the vicinage ; but the General Assembly may provide by a general
law for a change of venue in such prosecutions for both the defendant
and the Commonwealth, the change to be made to the most convenient
county in which a fair trial can be obtained.
Sec. 12. No person, for an indictable offense, shall be proceeded
against criminally by information, except in cases arising in the land
CONSTITUTION OF KENTUCKY 22g
or naval forces, or in the militia, when in actual service in time of war
or public danger, or by leave of court for oppression or misdemeanor
Sec. 13. No person shall, for the same offense, be twice put in jeop-
ardy of his life or limb, nor shall any man's property be taken or
applied to public use without the consent of his representatives, and
without just compensation being previously made to him.
Sec. 14. All courts shall be open, and every person, for an injury
done him in his lands, goods, person, or reputation, shall have remedy
by due course of law, and right and justice administered without sale,
denial, or delay.
Sec. 15. No power to suspend laws shall be exercised, unless by
the General Assembly or its authority.
Sec. 16. All prisoners shall be bailable by sufficient securities, un-
less for capital offenses, when the proof is evident or the presumption
great ; and the privilege of the writ of habeas corpus shall not be sus-
pended, unless when, in case of rebellion or invasion, the public safety
may require it.
Sec. 17. Excessive bail shall not be required, nor excessive fines
im.posed, nor cruel punishment inflicted.
Sec. i3. The person of a debtor, where there is not strong pre-
sumption of fraud, shall not be continued in prison after delivering
up his estate for the benefit of his creditors in such manner as shall be
prescribed by law.
Sec. 19. No ex post facto law, nor any law impairing the obligation
of contracts, shall be enacted.
Sec. 20. No person shall be attainted of treason or felony by the
General Assembly, and no attainder shall work corruption of blood,
nor, except during the life of the offender, forfeiture of estate to the
Sec. 21. The estate of such persons as shall destroy their own lives
shall descend or vest as in cases of natural death ; and if any person
shall be killed by casualty, there shall be no forfeiture by reason
Sec. 22. No standing army shall, in time of peace, be maintained
without the consent of the General Assembly ; and the military shall,
in all cases and at all times, be in strict subordination to the civil
power ; nor shall any soldier, in time of peace, be quartered in any
house without the consent of the owner, nor in time of war, except in
a manner prescribed by law.
Sec. 23. The General Assembly shall not grant any title of nobility
or hereditary distinction, nor create any office the appointment of
which shall be for a longer time than a term of years.
Sec. 24. Emigration from the State shall not be prohibited.
Sec. 25. Slavery and involuntary servitude in this State are forbid-
den, except as a punishment for crime whereof the party shall have
been duly convicted.
Sec. 26. To guard against transgression of the high powers which
we have delegated, we declare that everything in this Bill of Rights is
excepted out of the general powers of government, and shall forever
230 CONSTITUTION OF KENTUCKY
remain inviolate ; and all laws contrary thereto, or contrary to this
Constitution, shall be void.
Distribution of the Powers of Government.
Sec. 27. The powers of the government of the Commonwealth of
Kentucky shall be divided into three distinct departments, and each
of them be confined to a separate body of magistracy : to wit, those
which are legislative, to one ; those which are executive, to another ;
and those which are judicial, to another.
Sec. 28. No person, or collection of persons, being of one of those
departments, shall exercise any power properly belonging to either of
the others, except in the instances hereinafter expressly directed or
Sec. 29. The legislative power shall be vested in a House of Repre-
sentatives and a Senate, which together shall be styled the " General
Assembly of the Commonwealth of Kentucky."
Sec. 30. Members of the House of Representatives and senators
elected at the August election in one thousand eight hundred and
ninety-one. and senators then holding over, shall continue in office
until and including the last day of December, one thousand eight
hundred and ninety-three. Thereafter the term of office of representa-
tives and senators shall begin upon the first day of January of the
year succeeding their election.
Sec. 31. At the general election in the year one thousand eight
hundred and ninety-three one senator shall be elected in each sena-
torial district, and one representative in each representative district.
The senators then elected shall hold their offices, one-half for two
years and one-half for four years, as shall be determined by lot at the
first session of the General Assembly after their election, and the
representatives shall hold their offices for two years. Every two years
thereafter there shall be elected for four years one senator in each
senatorial district in which the term of his predecessor in office will
then expire, and in every representative district one representative for
Sec. 32. No person shall be a representative who, at the time of
his election, is not a citizen of Kentucky, has not attained the age of
twenty-four years, and who has not resided in this State two years
next preceding his election, and the last year thereof in the county,
town, or city for which he may be chosen. No person shall be a sen-
ator who, at the time of his election, is not a citizen of Kentucky,
has not attained the age of thirty years, and has not resided in this
State six years next preceding his election, and the last year thereof
in the district for which he may be chosen.
Sec. 33. The first General Assembly after the adoption of this Con-
stitution shall divide the State into thirty-eight senatorial districts,
and one hundred representative districts, as nearly equal in popula-
CONSTITUTION OF KENTUCKY 23 1
tion as may be without dividing any county, except where a county
may include more than one district, which districts shall constitute the
senatorial and representative districts for ten years. Not more than
two counties shall be joined together to form a representative dis-
trict : provided, in doing so, the principle requiring every district to
be as nearly equal in population as may be shall not be violated. At
the expiration of that time, the General Assembly shall then, and
every ten years thereafter, redistrict the State according to this rule,
and for the purposes expressed in this section. If, in making said
districts, inequality of population should be unavoidable, any advan-
tage resulting therefrom shall be given to districts having the largest
territory. No part of a county shall be added to another county to
make a district, and the counties forming a district shall be con-
Sec. 34. The House of Representatives shall choose its speaker
and other officers, and the Senate shall have power to choose its
Sec. 35. The number of representatives shall be one hundred, and
the number of senators thirty-eight.
Sec. 36. The first General Assembly, the members of which shall
be elected under this Constitution, shall meet on the first Tuesday
after the first Monday in January, eighteen hundred and ninety-four,
and thereafter the General Assembly shall meet on the same day
every second year, and its sessions shall be held at the seat of gov-
ernment, except in case of war, insurrection, or pestilence, when it
may, by proclamation of the governor, assemble, for the time being,
Sec. 37. Not less than a majority of the members of each House
of the General Assembly shall constitute a quorum to do business ;
but a smaller number may adjourn from day to day, and shall be
authorized by law to compel the attendance of absent members in
such manner and under such penalties as may be prescribed by law.
Sec. 38. Each House of the General Assembly shall judge of the
qualifications, elections, and returns of its members, but a contested
election shall be determined in such manner as shall be directed by
Sec. 39. Each House of the General Assembly may determine the
rules of its proceedings, punish a member for disorderly behavior,
and, with the concurrence of two-thirds, expel a member, but not a
'second time for the same cause, and may punish for contempt any
person who refuses to attend as a witness, or to bring any paper
proper to be used as evidence before the General Assembly or either
House thereof, or a committee of either, or to testify concerning any
matter which may be a proper subject of inquiry by the General
Assembly, or offers or gives a bribe to a member of the General
Assembly, or attempts by other corrupt means or device to control or
influence a member to cast his vote or withhold the same. The pun-
ishment and mode of proceeding for contempt in such cases shall be
prescribed by law, but the term of imprisonment in any such case
shall not extend beyond the session of the General Assembly.
232 CONSTITUl'ION OF KENTUCKY
Sec. 40. Each House of the General Assembly shall keep and
publish daily a journal of its proceedings ; and the yeas and nays of
the members on any question shall, at the desire of any two of the
members elected, be entered on the journal.
Sec. 41. Neither House, during the session of the General Assem-
bly, shall, without the consent of the other, adjourn for more than
three days, nor to any other place than that in which it maybe sitting.
Sec. 42. The members of the General Assembly shall severally
receive from the State treasury compensation for their services, which
shall be five dollars a day during their attendance on, and fifteen
cents per mile for the necessary travel in going to and returning from,
the sessions of their respective Houses : provided the same may be
changed by law ; but no change shall take effect during the session at
which it is made ; nor shall a session of the General Assembly con
tinue beyond sixty legislative days, exclusive of Sundays and legal
holidays ; but this limitation as to length of session shall not apply to
the first session held under this Constitution, nor to the Senate when
sitting as a court of impeachment. A legislative day shall be con-
strued to mean a calendar day.
Sec. 43. The members of the General Assembly shall, in all cases
except treason, felony, breach or surety of the peace, be privileged
from arrest during their attendance on the sessions of their respective
Houses, and in going to and returning from the same ; and for any
speech or debate in either House they shall not be questioned in any
Sec. 44. No senator or representative shall, during the term for
which he was elected, nor for one year thereafter, be appointed or
elected to any civil office of profit in this Commonwealth, which shall
have been created, or the emoluments of which shall have been
increased, during the said term, except to such offices as may be filled
by the election of the people.
Sec. 45. No person who may have been a collector of taxes or
public moneys for the Commonwealth, or for any county, city, tow-i,
or district, or the assistant or deputy of such collector, shall be
eligible to the General Assembly, unless he shall have obtained a
quietus six months before the election for the amount of such
collection, and for all public moneys for which he may have been
Sec. 46. No bill shall be considered for final passage, unless the
same has been reported by a committee, and printed fcr the use of
the members. Every bill shall be read at length on three different
days in each House, but the second and third readings may be dis-
pensed with by a majority of all the members elected to the House in
which the bill is pending. But whenever a committee refuses or fails
to report a bill submitted to it in a reasonable time, the same may be
called up by any member, and be considered in the same manner i*^
would have been considered if it had been reported. No bill shall
become a law unless, on its final passage, it receives the votes of at
least two-fifths of the members elected to each House, and a majority
of the members voting, the vote to be taken by yeas and nays and en-
CONSTITUTION OF KENTUCKY 233
tered in the journal : provided any act or resolution for the appropri-
ation of money or the creation of debt shall, on its final passage, receive
the votes of a majority of all the members elected to each House.
Sec. 47, All bills for raising revenue shall originate in the House
of Representatives, but the Senate may propose amendments thereto :
provided no new matter shall be introduced, under color of amend-
ment, which does not relate to raising revenue.
Sec. 48, The General Assembly shall have no power to enact latvs
to diminish the resources of the sinking fund as now established by
law until the debt of the Commonwealth be paid, but may enact laws
to increase them ; and the whole resources of said fund, from year to
year, shall be sacredly set apart, and applied to the payment of' the in-
terest and principal of the State debt, and to no other use or purpose,
until the whole debt of the State is fully satisfied.
Sec. 49. The General Assembly may contract debts to meet casual
deficits or failures in the revenue ; but such debts, direct or contingent,
singly or in the aggregate, shall not at any time exceed five hundred
thousand dollars, and the moneys arising from loans creating' such
debts shall be applied only to the purpose or purposes for which they
were obtained, or to repay such debts : provided the General Assembly
may contract debts to repel invasion, suppress insurrection, or, if hos-
tilities are threatened, provide for the public defense.
Sec. 50. No act of the General Assembly shall authorize any debt
to be contracted on behalf of the Commonwealth except for the pur-
poses mentioned in section forty-nine, unless provision be made therein
to levy and collect an annual tax sufficient to pay the interest stipu-
lated, and to discharge the debt within thirty years ; nor shall such act
take effect until it shall have been submitted to the people at a general
election, and shall have received a majority of all the votes cast for
and against it : provided the General Assembly may contract debts by
borrowing money to pay any part of the debt of the State, without
submission to the people, and without making provision in the act
authorizing the same for a tax to discharge the debt so contracted,
or tha interest there )n.
Sec. 51. No law enacted by the General Assembly shall relate to
more than one subject, and that shall be expressed in the title, and
no law shall be revised, amended, or the provisions thereof extended
or conferred by reference to its title only ;' but so much thereof as is
revised, amended, extended, or conferred shall be reenacted and
published at length.
Sec. 52. The General Assembly shall have no power to release,
extinguish, or authorize the releasing or extinguishing, in whole or in
part, the indebtedness or liability of any corporation or individual to
this Commonwealth, or to any county or municipality thereof.
Sec. 53. The General Assembly shall provide bv law for monthly
investigations into the accounts of the treasurer and auditor of public
accounts, and the result of these investigations shall be reported to the
governor, and these reports shall be semi-annually published in two
newspapers of general circulation in the State. The reports received
by the governor shall, at the beginning of each session, be transmitted
234 CONSTITUTION OF KENTUCKY
by him to the General Assembly for scrutiny and appropriate
Sec. 54. The General Assembly shall have no power to limit the
amount to be recovered for injuries resulting in death, or for injuries
to person or property.
Sec. 55. No act, except general appropriation bills, shall become a
law until ninety days after the adjournment of the session at which it
was passed, except in cases of emergency, when, by the concurrence
of a majority of the members elected to each House of the General
Assembly, by a yea and nay vote entered upon their journals, an act
may become a law when approved by the governor ; but the reasons
for the emergency that justifies this action must be set out at length
in the journal of each House.
Sec. 56. No bill shall become a law until the same shall have been
signed by the presiding officer of each of the two Houses in open ses-
sion ; and before such officer shall have affixed his signature to any
bill, he shall suspend all other business, declare that such bill will now
be read, and that he will sign the same, to the end that it may become
a law. The bill shall then be read at length and compared ; and, if
correctly enrolled, he shall, in presence of the House in open session,
and before any other business is entertained, affix his signature, which
fact shall be noted in the journal, and the bill immediately sent to
the other House. When it reaches the other House, the presiding
officer thereof shall immediately suspend all other business, announce
the reception of the bill, and the same proceeding shall thereupon be
observed in every respect as in the House in which it was first signed.
And thereupon the clerk of the latter House shall immediately pre-
sent the same to the governor for his signature and approval.
Sec. 57. A member who has a personal or private interest in any
measure or bill proposed or pending before the General Assembly,
shall disclose the fact to the House of which he is a member, and
shall not vote thereon upon pain of expulsion.
Sec. 58. The General Assembly shall neither audit nor allow any
private claim against the Commonwealth, except for expenses incurred
during the session at which the same was allowed, but may appropriate
money to pay such claim as shall have been audited and allowed ac-
cording to law.
Local and Special Legislation.
Sec. 59. The General Assembly shall not pass local or special acts
concerning any of the following subjects, or for any of the following
purposes : namely, —
1. To regulate the jurisdiction, or the practice, or the circuits of
courts of justice, or the rights, powers, duties, or compensation of the
officers thereof ; but the practice in circuit courts in continuous ses-
sion may, by a general law, be made different from the practice of
circuit courts held in terms.
2. To regulate the summoning, impaneling, or compensation of
grand or petit jurors.
CONSTITUTION OF KENTUCKY 235
3. To provide for changes of venue in civil or criminal causes.
4. To regulate the punishment of crimes and misdemeanors, or to
remit fines, penalties, or forfeitures.
5. To regulate the limitation of civil or criminal causes.
6. To affect the estate of cestuis que trust, decedents, infants, or
other persons under disabilities, or to authorize any such persons to
sell, lease, encumber, or dispose of their property.
7. To declare any person of age, or to relieve an infant or feme
covert of disability, or to enable him to do acts allowed only to adults
not under disabilities.
8. To change the law of descent, distribution, or succession,
g. To authorize the adoption or legitimation of children.
10. To grant divorces.
11. To change the name of persons.
12. To give effect to invalid deeds, wills, or other instruments.
13. To legalize, except as against the Commonwealth, the unau-
thorized or invalid act of any officer or public agent of the Common-
wealth, or of any city, county, or municipality thereof.
14. To refund money legally paid into the State treasury.
15. To authorize or to regulate the levy, the assessment, or the col-
lection of taxes, or to give any indulgence or discharge to any assessor
or collector of taxes, or to his sureties.
16. To authorize the opening, altering, maintaining, or vacating
roads, highways, streets, alleys, town plats, cemeteries, graveyards, or
public grounds not owned by the Commonwealth.
17. To grant a charter to any corporation, or to amend the charter
of any existing corporation ; to license companies or persons to own
or operate ferries, bridges, roads, or turnpikes ; to declare streams
navigable, or to authorize the construction of booms or dams therein,
or to remove obstructions therefrom ; to affect toll-gates or to regu-
late tolls ; to regulate fencing or the running at large of stock.
18. To create, increase, or decrease fees, percentages, or allow-
ances to public officers, or to extend the time for the collection thereof,,
or to authorize officers to appoint deputies.
19. To give any person or corporation the right to lay a railroad
track or tramway, or to amend existing charters for such purposes.
20. To provide for conducting elections, or for designating the
places of voting, or changing the boundaries of wards, precincts, or
districts, except when new counties may be created.
21. To regulate the rate of interest.
22. To authorize the creation, extension, enforcement, impair-
ment, or release of liens.
23. To provide for the protection of game and fish.
24. To regulate labor, trade, mining, or manufacturing.
25. To provide for the management of common schools.
26. To locate or change a county seat.
27. To provide a means of taking the sense of the people of any
city, town, district, precinct, or county, whether they wish to author-
ize, regulate, or prohibit therein the sale of vinous, spirituous, or malt
liquors, or alter the liquor laws.
236 CONSTITUTION OF KENTUCKY
28. Restoring to citizenship persons convicted of infamous crimes.
29. In all other cases where a general law can be made applica-
ble, no special law shall be enacted.
Sec. 60. The General Assembly shall not indirectly enact any
special or local act by the repeal in part of a general act, or by tx-
empiing from the operation of a general act any city, town, district,
or county ; but laws repealing local or special acts may be enacted.
No law shall be enacted granting powers or privileges in any case
where the granting of such powers or privileges shall have been pro-
vided for by a general law, nor where the courts have jurisdiction to
grant the same or to give the relief asked for. No law, except such
as relates to the sale, loan, or gift of vinous, spirituous, or malt
liquors, bridges, turnpikes or other public roads, public buildings or
improvements, fencing, running at large of stock, matters pertaining
to common schools, paupers, and the regulation by counties, cities,
towns, or other municipalities, of their local affairs, shall be enacted
to take effect upon the approval of any other authority than the Gen-
eral Assembly, unless otherwise expressly provided in this Constitu-
Sec. 61. The General Assembly shall by general law provide a
means whereby the sense of the people of any county, city, town, dis-
trict, or precinct may be taken, as to whether or not spirituous, vin-
ous, or malt liquors shall be sold, bartered, or loaned therein, or the
sale thereof regulated ; but nothing herein shall be construed to in-
terfere with or to repeal any law in force relating to the sale or gift
of such liquors. All elections on this question may be held on a day
other than the regular election days.
Sec. 62. The style of the laws of this Commonwealth shall be as
follows: ^^ Be it enacted by the General Assembly of the Common-
wealth of Kentucky."
Counties and County Seats.
Sec. 63. No new county shall be created by the General Assem-
bly which will reduce the county or counties, or either of them, from
which it shall be taken, to less area than four hundred square miles;
nor shall any county be formed of less area ; nor shall any boundary
line thereof pass within less than ten miles of any county seat of the
county or counties proposed to be divided. Nothing contained herein
shall prevent the General Assembly from abolishing any county.
Sec. 64. No county shall be divided, or have any part stricken
therefrom, except in the formation of new counties, without submit-
ting the question to a vote of the people of the county, nor unless the
majority of all the legal voters of the county voting on the question
shall vote for the same. The county seat of no county as now located,
or as may hereafter be located, shall be moved, except upon a vote of
two-thirds of those voting ; nor shall any new county be established
which will reduce any county to less than twelve thousand inhabit-
ants, nor shall any county be created containing a less population.
Sec. 65. There shall be no territory stricken from any county un-
CONSTITUTION OF KENTUCKY 237
less a majority of the voters living in such territory shall petition (or
such division ; but the portion so stricken off and added to another
county, or formed in whole or in part into a new county, shall be
bound for its proportion of the indebtedness of the county from which
it has been taken.
Sec. 66. The House of Representatives shall have the sole power
Sec. 67. All impeachments shall be tried by the Senate. ^Vhen
sitting for that purpose, the senators shall be upon oath or affirmation.
No person shall be convicted without the concurrence of two-thirds
of the senators present.
Sec. 63. The governor and all civil officers shall be. liable to im-
peachment for any misdemeanors in office ; but judgment in such
cases shall not extend further than removal from office, and disquali-
fication to hold any office of honor, trust, or profit under this Com-
monwealth ; but the party convicted shall, nevertheless, be subject
and liable to indictment, trial, and punishment bylaw.
The Executive Department.
Officei's for the State at Large.
Sec. 6g. The supreme executive power of the Commonwealth
shall be vested in a chief magistrate, who shall be styled the "Gov-
ernor of the Commonwealth of Kentucky."
Sec. 70. He shall be elected for the term of four years by the
qualified voters of the State. The person having the highest number
of votes shall be governor ; but if two or more shall be equal and
highest in votes, the election shall be determined by lot in such man-
ner as the General Assembly may direct.
Sec. 71. He shall be ineligible for the succeeding four years after
the expiration of the term for which he shall have been elected.
Sec. 72. He shall be at least thirty years of age, and have been a
citizen and a resident of Kentucky for at least six years next preced-
ing his election.
Sec. 73. He shall commence the execution of the duties of his
office on the fifth Tuesday succeeding his election, and shall continue
in the execution thereof until his successor shall have qualified.
Sec. 74. He shall at stated times receive for his services a compen-
sation to be fixed by law.
Sec. 75. He shall be commander-in-chief of the army and navy of
this Commonwealth, and of the militia thereof, except when they shall
be called into the service of the United States ; but he shall not com-
mand personally in the field, unless advised so to do by a resolution
of the General Assembly.
Sec. 76. He shall have the power, except as otherwise provided
in this Constitution, to fill vacancies by granting commissions, which
238 CONSTITUTION OF KENTUCKY
shall expire when such vacancies shall have been filled according to
the provisions of this Constitution.
Sec. 77. He shall have power to remit fines and forfeitures, com-
mute sentences, grant reprieves and pardons, except in case of
impeachment ; and he shall file with each application therefor a state-
ment of the reasons for his decision thereon, which application and
statement shall always be open to public inspection. In cases of
treason, he shall have power to grant reprieves until the end of the
next session of the General Assembly, in which the power of par-
doning shall be vested ; but he shall have no power to remit the fees
of the clerk, sheriff, or Commonwealth's attorney in penal or criminal
Sec. 78. He may require information in writing from the officers
of the Executive Department upon any subject relating to the duties
of their respective offices.
Sec. 79. He shall from time to time give to the General Assembly
information of the state of the Commonwealth, and recommend to
their consideration such measures as he may deem expedient.
Sec. 80. He may, on extraordinary occasions, convene the General
Assembly at the seat of government, or at a different place, if that
should have become dangerous from an enemy or from contagious
diseases. In case of disagreement between the two Houses with re-
spect to the time of adjournment, he may adjourn them to such
time as he shall think proper, not exceeding four months. When
he shall convene the General Assembly, it shall be by proclama-
tion, stating the subjects to be considered, and no others shall be
Sec. 81. He shall take care that the laws be faithfully executed.
Sec. 82. A lieutenant-governor shall be chosen at every regular
election for governor, in the same manner, to continue in office for
the same time, and possess the same qualifications, as the governor.
He shall be ineligible to the office of lieutenant-governor for the suc-
ceeding four years after the expiration of the term for which he shall
have been elected.
Sec. 83, He shall, by virtue of his office, be president of the
Senate, have a right, when in committee of the whole, to debate and
vote on all subjects, and, when the Senate is equally divided, to give
the casting vote.
Sec. 84. Should the governor be impeached, and removed from
office, die, refuse to qualify, resign, be absent from the State, or be
from any cause unable to discharge the duties of his office, the lieu-
tenant-governor shall exercise all the power and authority appertaining
to the office of governor until another be duly elected and qualified,
or the governor shall return or be able to discharge the duties of his
office. On the trial of the governor, the lieutenant-governor shall
not act as president of the Senate or take part in the proceedings,
but the chief justice of the Court of Appeals shall preside during the
Sec. 85. A president /r<7 tetitpore of the Senate shall be elected by
each Senate as soon after its organization as possible, the lieutenant-
CONSTITUTION OF KENTUCKY 239
governor vacating his seat as president of the Senate until such elec-
tion shall be made ; and as often as there is a vacancy in the office of
president pro tempore, another president pro tempore of the Senate
shall be elected by the Senate, if in session. And if, during the
vacancy of the office of governor, the lieutenant-governor shall be
impeached, and removed from office, refuse to qualify, resign, die, or
be absent from the State, the ^^x^^xiX^xit pro tempore of the Senate
shall in like manner administer the government : provided, whenever
a vacancy shall occur in the office of governor before the first two
years of the term shall have expired, a new election for governor^
shall take place to fill such vacancy.
Sec. 86. The lieutenant-governor, or president pro tempore of the
Senate, while he acts as president of the Senate, shall receive for his
services the same compensation which shall, for the same period, be
allowed for the speaker of the House of Representatives ; and during
the time he administers the government as governor, he shall receive
the same compensation which the governor would have received had
he been employed in the duties of his office.
Sec. 87. If the lieutenant-governor shall be called upon to admin-
ister the government, and shall, while in such administration, resign,
die, or be absent from the State during the recess of the General
Assembly, if there be no president pro tempore of the Senate, it shall
be the duty of the secretary of state for the time being to convene
the Senate for the purpose of choosing a president; and until a presi-
dent is chosen, the secretary of state shall administer the government.
If there be no secretary of state to perform the duties devolved upon
him by this section, or in case that officer be absent from the State,
then the attorney-general for the time being shall convene the Sen-
ate for the purpose of choosing a president, and shall administer the
government until a president is chosen.
Sec. 88. Every bill which shall have passed the two Houses shall
be presented to the governor. If he approve, he shall sign it ; but if
not, he shall return it, with his objections, to the House in which it
originated, which shall enter the objections in full upon its journal,
and proceed to reconsider it. If, after such reconsideration, a ma-
jority of all the members elected to that House shall agree to pass
the bill, it shall be sent, with the objections, to the other House, by
which it shall likewise be considered, and, if approved by a majority of
all the members elected to that House, it shall be a law ; but in such
case the votes of both Houses shall be determined by yeas and nays,
and the names of the members voting for and against the bill shall
be entered upon the journal of each House respectively. If any bill
shall not be returned by the governor within ten days (Sundays ex-
cepted) after it shall have been presented to him, it shall be a law m
like manner as if he had signed it, unless the General Assembly, by
their adjournment, prevent its return, in which case it shall be a law,
unless disapproved by him within ten days after the adjournment, in
which case his veto message shall be spread upon the register kept
by the secretary of state. The governor shall have power to disap-
prove any part or parts of appropriation bills embracing distinct
240 CONSTITUTION OF KENTUCKY
items, and the part or parts disapproved shall not become a law unless
reconsidered and passed, as in case of a bill.
Sec. 89. Every order, resolution, or vote in which the concurrence
of both Houses may be necessary, except on a question of adjourn-
ment, or as otherwise provided in this Constitution, shall be pre-
sented to the governor, and, before it shall take effect, be approved
by him, or, being disapproved, shall be repassed by a majority of the
members elected to both Houses, according to the rules and limita-
tions prescribed in case of a bill.
Sec. 90. Contested elections for governor and lieutenant-governor
shall be determined by both Houses of the General Assembly, accord-
ing to such regulations as may be established by law.
Sec. 91. A treasurer, auditor of public accounts, register of the
land office, commissioner of agriculture, labor, and statistics, secretary
of state, attorney-general, and superintendent of public instruction,
shall be elected by the qualified voters of the State at the same time
the governor is elected, for the term of four years, each of whom
shall be at least thirty years of age at the time of his election, ani\
shall have been a resident citizen of the State at least two years next
before his election. The duties of all these officers shall be such as
may be prescribed by law ; and the secretary of state shall keep a fair
register of and attest all the official acts of the governor, and shall,
when required, lay the same, and all papers, minutes, and vouchers
relative thereto, before either House of the General Assembly. The
officers named in this section shall enter upon the discharge of their
duties the first Monday in January after their election, and shall hold
their offices until their successors are elected and qualified.
Sec. 92. The attorney-general shall have been a practicing lawyer
eight years before his election.
Sec. 93. The treasurer, auditor of public accounts, secretary of
state, commissioner of agriculture, labor, and statistics, attorney-gen-
eral, superintendent of public instruction, and register of the land
office shall be ineligible to reelection for the succeeding four years
after the expiration of the term for which they fehall have been
elected. The duties and responsibilities of these officers shall be pre-
scribed by law, and all fees collected by any of said officers shall be
covered into the treasury. Inferior State officers, not specifically
provided for in this Constitution, may be appointed or elected, in
such manner as may be prescribed by law, for a term not exceeding
four years, and until their successors are appointed or elected and
Sec. 94. The General Assembly may provide for the abolishment
of the office of the register of the land office, to take effect at the
end of any term, and shall provide by law for the custody and preser-
vation of the papers and records of said office, if the same be
Sec. 95. The election under this Constitution for governor, lieu-
tenant-governor, treasurer, auditor of public accounts, register of the
land office, attorney-general, secretary of state, superintendent of
public instruction, and commissioner of agriculture, labor, and stalls-
CONSTITUTION OF KENTUCKY 24 1
tics, shall be held on the first Tuesday after the first Monday in
November, eighteen hundred and ninety- five, and the same day every
four years thereafter.
Sec. q6. All the officers mentioned in section ninety-five shall be
paid for their services l^y salary, and not otherwise.
Officers for Districts and Counties.
Sec. 97. At the general election in eighteen hundred and ninety-
two there shall be elected in each circuit court district a Common-
wealth's attorney, and in each county a clerk of the circuit court, who
shall enter upon the discharge of the duties of their respective offices
on the first Monday in January after their election, and shall hold
their offices five years, and until their successors are elected and
qualified. In the year eighteen hundred and ninety-seven, and every
six years thereafter, there shall be an election in each county for a
circuit court clerk, and for a Commonwealth's attorney in each circuit
court district, unless that office be abolished, who shall hold their
respective offices for six years from the first Monday in January after
their election, and until the election and qualification of their suc-
Sec. 98. The compensation of the Commonwealth's attorney shall
be by salary and such percentage of fines and forfeitures as may bC'
fixed by law, and such salary shall be uniform in so far as the same
shall be paid out of the State treasury, and not to exceed the sum of
five hundred dollars per annum ; but any county may make addi-
tional compensation, to be paid by said county. Should any per-
centage of fines and forfeitures be allowed by law, it shall not be paid
except upon such proportion of the fines and forfeitures as have been
collected and paid into the State treasury, and not until so collected
Sec. 99. There shall be elected in eighteen hundred and ninety-
four in each county a judge of the county court, a county court clerk,
a county attorney, sheriff, jailer, coroner, surveyor, and assessor, and
in each justice's district one justice of the peace and one constable,
who shall enter upon the discharge of the duties of their offices on the
first Monday in January after their election, and continue in office
three years, and until the election and qualification of their succes-
sors ; and in eighteen hundred and ninety-seven, and every four years
thereafter, there shall be an election in each county of the officers
mentioned, who shall hold their offices four years (from the first
Monday in January after their election), and until the election and
qualification of their successors. The first election of sheriffs under
this Constitution shall be held in eighteen hundred and ninety-two,
and the sheriffs then elected shall hold their offices two years, and
until the election and qualification of their successors. The sheriffs
now in office for their first term shall be eligible to reelection in
eighteen hundred and ninety-two, and those elected in eighteen hun-
dred and ninety-two for the first term shall be eligible to reelection
in eighteen hundred and ninety-four, but thereafter no sheriff shaJl
KENT. HIST.. — l/>
242 CONSTITUTION OF KENTUCKY
be eligible to reelection or to act as deputy for the succeeding
Sec. ioo. No person shall be eligible to the offices mentioned in
sections ninety-seven and ninety-nine who is not at the time of his
election twenty-four years of age (except clerks of county and circuit
courts, who shall be twenty-one years of age), a citizen of Kentucky,
and who has not resided in the State two years, and one year next
preceding his election in the county and district in which he is a can-
didate. No person shall be eligible to the office of Commonwealth's
attorney unless he shall have been a licensed practicing lawyer four
years. No person shall be eligible to the office of county attorney
unless he shall have been a licensed practicing lawyer two years. No
person shall be eligible to the office of clerk unless he shall have pro-
cured from a judge of the Court of Appeals, or a judge of a circuit
court, a certificate that he has been examined by the clerk of his
court under his supervision, and that he is qualified for the office
for which he is a candidate.
Sec. ioi. Constables shall possess the same qualifications as sher-
iffs, and their jurisdiction shall be coextensive with the counties in
which they reside. Constables now in office shall continue in office
until their successors are elected and qualified.
Sec. I02. When a new county shall be created, officers for the
same, to serve until the next regular election, shall be elected or
appointed in such way and at such times as the General Assembly
Sec. 103. The judges of county courts, clerks, sheriffs, surveyors,
coroners, jailers, constables, and such other officers as the General
Assembly may from time to time require, shall, before they enter
upon the duties of their respective offices, and as often thereafter as
may be deemed proper, give such bond and security as may be pre-
scribed by law.
Sec. 104. The General Assembly may abolish the office of assessor,
and provide that the assessment of property shall be made by other ,
officers ; but it shall have power to reestablish the office of assessor
and prescribe his duties. No person shall be eligible to the office of
assessor two consecutive terms.
Sec. 105. The General Assembly may at any time consolidate the
offices of jailer and sheriff in any county or counties, as it shall deem
most expedient ; but, in the event such consolidation be made, the
office of sheriff shall be retained, and the sheriff shall be required to
perform the duties of jailer.
Sec. 106. The fees of county officers shall be regulated by law.
In counties or cities having a population of seventy-five thousand or
more, the clerks of the respective courts thereof (except the clerk of
the city court), the marshals, the sheriffs, and the jailers shall be
paid out of the State treasury, by salary to be fixed by law, the
salaries of said officers and of their deputies and necessary office
expenses not to exceed seventy-five per centum of the fees collected
by said officers respectively, and paid into the treasury.
Sec. 107. The General Assembly may provide for the election or
CONSTITUTION OF KENTUCKY 243
appointment, for a term not exceeding four years, of such other
county or district ministerial and executive officers as may from time
to time be necessary.
Sec. 108. The General Assembly may, at any time after the expira*
tion of six years from the adoption of this Constitution, abolish the
office of Commonwealth's attorney, to take effect upon the expiration
of the terms of the incumbents, in which event the duties of said
office shall be discharged by the county attorneys.
The Judicial Department.
Sec. 109. The judicial power of the Commonwealth, both as to
matters of law and equity, shall be vested in the Senate when sitting
as a court of impeachment, and one Supreme Court (to be styled the
Court of Appeals), and the courts established by this Constitution.
Court of Appeals.
Sec. iio. The Court of Appeals shall have appellate jurisdiction
only, which shall be coextensive with the State, under such restric-
tions and regulations, not repugnant to this Constitution, as may from
time to time be prescribed by law. Said court shall have power to
issue such writs as may be necessary to give it a general control of
Sec. III. The Court of Appeals shall be held at the seat of govern-
ment ; but if that shall become dangerous, in case of war, insurrection,
or pestilence, it may adjourn to meet and transact its business at such
other place in the State as it may deem expedient for the time being.
Sec. 112. The judges of the Court of Appeals shall severally hold
their offices for the term of eight years, commencing on the first
Monday in January next succeeding their respective elections, and
until their several successors are qualified, subject to the conditions
hereinafter prescribed. For any reasonable cause the governor shall
remove them, or any one or more of them, on the address of two-
thirds of each House of the General Assembly. The cause or causes
for which said removal shall be required shall be stated at length in
such address and in the journal of each House. They shall at stated
times receive for their services an adequate compensation, to be fixed
Sec. 113. The Court of Appeals shall, after eighteen hundred and
ninety-four, consist of not less than five nor more than seven judges.
They shall severally, by virtue of their office, be conservators of the
peace throughout the State, and shall be commissioned by the governor.
Sec. 114. No person shall be eligible to election as a judge of the
Court of Appeals who is not a citizen of Kentucky, and has not
resided in this State five years, and in the district in which he is
elected two years, next preceding his election, and who is less than
thirty-five years of age, and has not been a practicing lawyer eight
years, or whose services upon the bench of a circuit court or court of
244 CONSTITUTION OF KENTUCKY
similar jurisdiction, when added to the time he may have practiced
law, shall not be equal to eight years.
Sec. 115. The present judges of the Court of Appeals shall hold
their offices until their respective terms expire, and until their several
successors shall be qualified ; and at the regular election next pre-
ceding the expiration of the term of each of the present judges, his
successor shall be elected. The General Assembly shall, before the
regular election in eighteen hundred and ninety-four, provide for the
election of such judges of the Court of Appeals, not less than five nor
exceeding seven, as may be necessary ; and if less than seven judges
be provided for, the General Assembly may at any time increase the
number to seven.
Sec. 116. The judges of the Court of Appeals shall be elected by
districts. The General Assembly shall, before the regular election in
eighteen hundred and ninety-four, divide the State, by counties, into
as many districts, as nearly equal in population and as compact in
form as possible, as it may provide shall be the number of judges of
the Court of Appeals ; and it may, every ten years thereafter, or when
the number of judges requires it, redistrict the State in like manner.
Upon the creation of new or additional districts, the General Assem-
bly shall designate the year in which the first election for a judge of
the Court of Appeals shall be held in each district, so that not more
than the number of judges provided for shall be elected, and that no
judge may be deprived of his office until the expiration of the term
for which he was elected.
Sec. 117. A majority of the judges of the Court of Appeals shall
constitute a quorum for the transaction of business, but in the event
as many as two decline, on account of interest or for other reason, to
preside in the trial of any cause, the governor, on that fact being cer-
tified to h'm by the chief justice, shall appoint to tr)' the particular
cause a sufficient number of judges to constitute a full court. The
judges so appointed shall possess the qualifications prescribed for
judges of the Court of Appeals, and receive the same compensation,
proportioned to the length of service.
Sec. 118. The judge longest in commission as judge of the Court
of Appeals shall be chief justice, and if the term of service of two or
more judges be the same, they shall determine by lot which of their
number shall be chief justice. The court shall prescribe by rule that
petitions for rehearing shall be considered by a judge who did not
deliver the opinion in the case ; and the court, if composed of seven
judges, shall divide itself into sections for the transaction of business,
if, in the judgment of the court, such arrangement is necessary.
Sec. 119. The Superior Court shall continue until the terms of the
present judges of said court expire ; and upon the expiration of their
terms, all causes pending before the Superior Court shall be trans-
ferred to the Court of Appeals, and be determined by it.
Sec. 120. The present clerk of the Court of Appeals shall serve
until the expiration of the term for which he was elected, and until
his successor is elected and qualified. At the election in the year
eighteen hundred and ninety-seven there shall be elected bv the
CONSTITUTION OF KENTUCKY 245
qualified voters of the State a clerk of the Court of Appeals, who shall
take his office the first Monday in September, eighteen hundred
and ninety-eight, and who shall hold his office until the regular
election in nineteen hundred and three, and until his successor shall
be elected and qualified. In nineteen hundred and three, and there-
after, the clerk of the Court of Appeals shall be elected at the same
time as the governor, for the term of four years ; and the said clerk
shall take his office on the first Monday in January following his
election, and shall hold his office until his successor is elected and
qualified. The clerk shall be ineligible for the succeeding term.
Sec. 121. No person shall be eligible to the office of clerk of the
Court of Appeals unless he is a citizen of Kentucky, a resident
thereof for two years next preceding his election, of the age of twenty-
one years, and have a certificate from a judge of the Court of Appeals
that he has been examined by him, or by the clerk of his court under
his supervision, and that he is qualified for the office.
Sec, 122. Should a vacancy occur in the office of the clerk of the
Court of Appeals, or should the clerk be under charges, the Court of
Appeals shall have power to appoint a clerk until the vacancy be
filled as provided in this Constitution, or until the clerk be acquitted.
Sec. 123. The style of process shall be "The Commonwealth of
Kentucky." All prosecutions shall be carried on in the name and by
the authority of the "Commonwealth of Kentucky," and conclude
against the peace and dignity of the same.
Sec. 124. The clerks of the Court of Appeals, circuit and county
courts, shall be removable from office by the Court of Appeals, upon
information and good cause shown. The court shall be judge of the
facts as well as the law. Two-thirds of the members present must
concur in the sentence.
Sec. 125. A circuit court shall be established in each county now
existing, or which may hereafter be created, in this Commonwealth.
Sec. 126. The jurisdiction of said court shall be and remain as
now established, hereby giving to the General Assembly the power to
Sec. 127. The right to appeal or sue out a writ of error shall re-
main as it now exists until altered by law, hereby giving to the Gen-
eral Assembly the power to change or modify said right.
Sec. 128. At its first session after the adoption of this Constitution,
the General Assembly, having due regard to territory, business, and
population, shall divide the State into a sufficient number of judicial
districts to carry into effect the provisions of this Constitution con-
cerning circuit courts. In making such apportionment, no county shall
be divided ; and the number of said districts, excluding those in coun-
ties having a population of one hundred and fifty thousand, shall not
exceed one district for each sixty thousand of the population of the
Sec. 129. The General Assembly shall, at the same time the judi-
246 CONSTITUTION OF KENTUCKY
cial districts are laid off, direct elections to he held in each district to
elect a judge therein. The first election of judges of the circuit courts
under this Constitution shall take place at the annual election in the
year eighteen hundred and ninety-two, and the judges then elected
shall enter upon the discharge of the duties of their respective offices
on the first Monday in January after their election, and hold their
offices five years, and until their successors are elected and qualified.
At the general election in eighteen hundred and ninety-seven, and
every six years thereafter, there shall be an election for judges of the
circuit courts, who shall hold their offices for six years from the first
Monday in January succeeding their election. They shall be com-
missioned by the governor, and continue in office until their successors
shall have been qualified, but shall be removable in the same manner
as the judges of the Court of Appeals. The removal of a judge from
his district shall vacate his office.
Sec. 130. No person shall be eligible as judge of the circuit court
who is less than thirty-five years of age when elected, who is not a
citizen of Kentucky, and a resident of the district in which he may be
a candidate two years next preceding his election, and who has not
been a practicing lawyer eight years.
Sec. 131. There shall be at least three regular terms of circuit court
held in each county every year.
Sec. 132. The General Assembly, vi'hen deemed necessary, may
establish additional districts ; but the whole number of districts, ex-
clusive of counties having a population of one hundred and fifty thou-
sand, shall not exceed at any time one for every sixty thousand of
jX)pulation of the State according to the last enumeration.
Sec. 133. The judges of the circuit court shall at stated times
receive for their services an adequate compensation to be fixed by law,
which shall be equal and uniform throughout the State, so far as the
same shall be paid out of the State treasury.
Sec. 134. The judicial districts of the State shall not be changed
except at the first session after an enumeration, unless upon the estab-
lishment of a new district.
Sec. 135. No courts save those provided for in this Constitution
shall be established.
Sec. 136. The General Assembly shall provide by law for holding
circuit courts, when from any cause the judge shall fail to attend, or,
if in attendance, cannot properly preside.
Sec. 137. Each county having a population of one hundred and
fifty thousand, or over, shall constitute a district, which shall be en-
titled to four judges. Additional judges for said district may from
time to time be authorized by the General Assembly, but not to exceed
one judge for each increase of forty thousand of population in said
county, to be ascertained by the last enumeration. Each of the judges
in such a district shall hold a separate court, except when a general
term may be held for the purpose of making rules of court, or as may
be required by law : provided no general term shall have power to re-
view any order, decision, or proceeding of any branch of the court in
said district made in separate term. There shall be one clerk for
CONSTITUTION OF KENTUCKY 247
such district, who shall be known as the clerk of the circuit court.
Criminal causes shall be under the exclusive jurisdiction of some one
branch of said court ; and all other litigation in said district, of which
the circuit court may have jurisdiction, shall be distributed as equally
as may be between the other branches thereof, in accordance with the
rules of the court made in general term or as may be prescribed by
Sec. 138. Each county having a city of twenty thousand inhabit-
ants, and a population, including said city, of forty thousand or more,
may consiitute a district ; and when its population reaches seventy-five
thousand, the General Assembly may provide that it shall have an
additional judge, and such district may have a judge for each addi-
tional fifty thousand population above one hundred thousand. And
in such counties the General Assembly shall by proper laws direct in
what manner the court shall be held and the business therein con-
Sec. 139. There shall be established in each county now existing,
or which may be hereafter created, in this State, a court, to be styled
the '* quarterly court," the jurisdiction of which shall be uniform
throughout the State, and shall be regulated by a general law, and,
until changed, shall be the same as that now vested by law in the
quarterly courts of this Commonwealth. The judges of the county
court shall be the judges of the quarterly courts.
Sec. 140. There shall be established in each county novvr existing,
or which may be hereafter created, in this State, a court, to be styled
the " county court," to consist of a judge, who shall he a conservator
of the peace, and shall receive such compensation for his services as
may be prescribed by law. He shall be commissioned by the gover-
nor, and shall vacate his office by removal from the county in which
he may liave been elected.
Sec. 141. The jurisdiction of the county court shall be uniform
throughout the State, and shall be regulated by general law, and, until
changed, shall be the same as now vested in the county courts of this
■State by law.
Sec. 142. Each county now existing, or which may hereafter be
created, in this State, shall be laid off into districts in such manner as
the General Assembly may direct ; but no county shall have less than
three nor more than eight districts, in each of which districts one jus-
tice of the peace shall be elected as provided in section ninety-nine.
The General Assembly shall make provisions for regulating the num-
ber of said districts from time to time within the limits herein pre-
scribed, and for fixing the boundaries thereof. The jurisdiction of
248 CONSTITUTION OF KENTUCKY
justices of tbe peace shall be coextensive with the county, and shall
be equal and uniform throughout the State. Justices of the peace
shall be conservators of the peace. They shall be commissioned by
the governor, and shall vacate their offices by removal from the dis-
tricts, respectively, in which they may have been elected.
Sec. 143. A police court may be established in each city and town
in this State, with jurisdiction in cases of violation of municipal ordi-
nances and by-laws occurring w^ithin the corporate limits of the city or
town in which it is established, and such criminal jurisdiction within
the said limits as justices of the peace have. The said courts may be
authorized to act as examining courts, but shall have no civil jurisdic-
tion : prozdded, the General Assembly may confer civil jurisdiction on
police courts in cities and towns of the fourth and fifth classes and in
towns of the sixth class having a population of two hundred and fifty
or more, which jurisdiction shall be uniform throughout the State,
and not exceed that of justices of the peace.
Sec. 144. Counties shall have a fiscal court, which may consist of
the judge of the county court and the justices of the peace, in which
court the judge of the county court shall preside, if present ; or a
county may have three commissioners, to be elected from the county
at large, who, together with the judge of the county court, shall con-
stitute the fiscal court. A majority of the members of said court shall
constitute a court for the transaction of business ; but where, for
county governmental purposes, a city is by law separated from the
remainder of the county, such commissioners may be elected from the
part of the county outside of such city.
Suffrage and Elections.
Sec. 145. Every male citizen of the United States of the age of
twenty-one years, who has resided in the State one year, and in the
county six months, and in the precinct in which he offers to vote sixty
days, next preceding the election, shall be a voter in said precinct, and
not elsewhere ; but the following persons are excepted, and shall not
have the right to vote : —
1. Persons convicted, in any court of competent jurisdiction, of trea-
son, or felony, or bribery in an election, or of such high misdemeanor
as the General Assembly may declare shall operate as an exclusion
from the right of suffrage ; but persons hereby excluded may be re-
stored to their civil rights by Executive pardon.
2. Persons who, at the time of the election, are in coafinement
under the judgment of a court for some penal offense.
3. Idiots and insane persons.
CONSTITUTION OF KENTUCKY 249
Sec. 146. No person in the military, naval, or marine service of
the United States shall be deemed a resident of this State by reason of
being stationed within the same.
Sec. 147. The General Assembly shall provide by law for the regis-
tration of all persons entitled to vote in cities and towns having a
population of five thousand or more, and may provide by general law
for the registration of other voters in the State. Where registration
is required, only persons registered shall have the right to vote. The
mode of registration shall be prescribed by the General Assembly.
In all elections by persons in a representative capacity, the voting
shall be viva voce, and made a matter of record ; but all elections by
the people shall be by secret official ballot, furnished by public author-
ity to the voters at the polls, and marked by each voter in private at
the polls, and then and there deposited. The word "elections" in
this section includes the decision of questions submitted to the voters,
as well as the choice of officers by them. The first General Assembly
held after the adoption of this Constitution shall pass all necessary
laws to enforce this provision, and shall provide that persons illiter-
ate, blind, or in any way disabled, may have their ballots marked as
Sec. 148. Not more than one election each year shall be held in
this State or in any city, town, district, or county thereof, except as
otherwise provided in this Constitution. All elections of State,
county, city, town, or district of^cers shall be held on the first Tues-
day after the first Monday in November ; but no officer of any city,
town, or county, or of any subdivision thereof, except members of
municipal legislative boards, shall be elected in the same year in
which members of the House of Representatives of the United States
are elected. District or State officers, including members of the Gen-
eral Assembly, may be elected in the same year in which members of
the House of Representatives of the United States are elected. All
elections by the people shall be between the hours of six o'clock A.M.
and seven o'clock P.M., but the General Assembly may change said
hours, and all officers of any election shall be residents and voters in
the precinct in which they act. The General Assembly shall provide
by law that all employers shall allow employees, under reasonable regu-
lations, at least four hours on election days, in which to cast their votes.
Sec. 149. Voters, in all cases except treason, felony, breach or
surety of the peace, or violation of the election laws, shall be privi-
leged from arrest during their attendance at elections, and while they
are going to and returning therefrom.
Sec. 150. Every person shall be disqualified from holding any ofifice
of trust or profit for the term for which he shall have been elected,
who shall be convicted of having given, or consented to the giving,
offer, or promise of, any money or other thing of value, to procure
his election, or to influence the vote of any voter at such election ;
and if any corporation shall, directly or indirectly, offer, promise, or
give, or shall authorize, directly or indirectly, any person to offer,
promise, or give, any money or any thing of value to influence the
result of any election in this State, or the vote of any voter authorized
250 CONSTITUTION OF KENTUCKY
to vote therein, or who shall afterward reimburse or compensate, in
any manner whatever, any person who shall have offered, promised,
or given any money or other thing of value to influence the result of
any election or the vote of any such voter, such corporation, if organ-
ized under the laws of this Commonwealth, shall, on conviction there-
of, forfeit its charter and all rights, privileges, and immunities there-
under ; and if chartered by another State, and doing business in this
State, whether by license or upon mere sufferance, such corporation,
upon conviction of either of the offenses aforesaid, shall forfeit all
right to carry on any business in this State : and it shall be the duty
of the General Assembly to provide for the enforcement of the pro-
visions of this section. All persons shall be excluded from office wh<?
have been, or shall hereafter be. convicted of a felony, or of such high
misdemeanor as may be prescribed by law ; but such disability may
be removed by pardon of the governor. The privilege of free suf-
frage shall be supported by laws regulating elections, and prohibiting,
under adequate penalties, all undue influence thereon, from power,
bribery, tumult, or other improper practices.
Sec. 151. The General Assembly shall provide suitable means for
depriving of office any person who, to procure his nomination or elec-
tion, has, in his canvass or election, been guilty of any unlawful use
of money, or other thing of value, or has been guilty of fraud, intimi-
dation, bribery, or any other corrupt practice ; and he shall be held
responsible for acts done by others with his authority, or ratified by
Sec. 152. Except as otherwise provided in this Constitution, vacan-
cies in all elective offices shall be filled by election or appointment, as
follows : if the unexpired term will end at the next succeeding
annual election at which either city, town, county, district, or State
officers are to be elected, the office shall be filled by appointment for
the remainder of the term ; if the unexpired term will not end at the
next succeeding annual election at which either city, town, county,
district, or State officers are to be elected, and if three months inter-
vene before said succeeding annual election at which either city, town,
county, district, or State officers are to be elected, the office shall be
filled by appointment until said election, and then said vacancy shall
be filled by election for the remainder of the term ; if three months
do not intervene between the happening of said vacancy and the next
succeeding election at which city, town, county, district, or State
officers are to be elected, the office shall be filled by appointment
until the second succeeding annual election at which city, town,
county, district, or State officers are to be elected ; and then, if any
part of the term remains unexpired, the office shall be filled by elec-
tion until the regular time for the election of officers to fill said offices.
Vacancies in all offices for the State at large, or for districts larger
than a county, shall be filled by appointment of the governor : all
other appointments shall be made as m.ay be prescribed by law. No
person shall ever be appointed a member of the General Assembly,
but vacancies therein may be filled at a special election, in such man^
ner as may be provided by law.
CONSTITUTION OF KENTUCKY 25 1
Sec. 153. Except as otherwise herein expressly provided, the Gen-
eral Assembly shall have power to provide by general law for the
manner of voting, for ascertaining the result of elections and making
due returns thereof, for issuing certificates or commissions to all per-
sons entitled thereto, and for the trial of contested elections.
Sec. 154. The General Assembly shall prescribe such laws as may
be necessary for the restriction or prohibition of the sale or gift of
spirituous, vinous, or malt liquors on election days.
Sec. 155. The ;;^rovisions of sections one hundred and forty-five to
one hundred and fifty-four, inclusive, shall not apply to the election
of school trustees and other common school district elections. Said
elections shall be regulated by the General Assembly, exceptas other-
wise provided in this Constitution.
Sec. 156. The cities and towns of this Commonwealth, for the
purposes of their organization and government, shall be divided into
six classes. The organization and powers of each class shall be
defined and provided for by general laws, so that all municipal cor-
porations of the same class shall possess the same powers, and be
subject to the same restrictions. To the first class shall belong cities
with a population of one hundred thousand or more ; to the second
class, cities with a population of twenty thousand or more, and less
than one hundred thousand ; to the third class, cities with a popula-
tion of eight thousand or more, and less than twenty thousand ; to
the fourth class, cities and towns with a population of three thou-
sand or more, and less than eight thousand ; to the fifth class, cities
and towns with a population of one thousand or more, and less than
three thousand ; to the sixth class, towns with a population of less
than one thousand. The General Assembly shall assign the cities
and towns of the Commonwealth to the classes to which they respec-
tively belong, and change assignments made as the population of
said cities and towns may increase or decrease, and, in the absence of
other satisfactory information as to their population, shall be gov-
erned by the last preceding Federal census in so doing ; but no city
or town shall be transferred from one class to another, except in pur-
suance of a law previously enacted and providing therefor. The
General Assembly, by a general law, shall provide how towns may be
organized, and enact laws for the government of such towns until the
same are assigned to one or the other of the classes above named ;
but such assignment shall be made at the first session of the General
Assembly after the organization of said town or city.
Sec. 157. The tax rate of cities, towns, counties, taxing districts,
and other municipalities, for other than school purposes, shall not at
any time exceed the following rates upon the value of the taxable
property therein : viz., for all towns or cities having a population of
fifteen thousand or more, one dollar and fifty cents on the hundred
dollars ; for all towns or cities having less than fifteen thousand and
not less than ten thousand, one dollar on the hundred dollars ; for all
252 CONSTITUTION OF KENTUCKY
towns or cities having less than ten thousand, seventy-five cents on
the hundred dollars ; and for counties and taxing districts, fifty cents
on the hundred dollars ; unless it should be necessary to enable such
city, town, county, or taxing district to pay the interest on, and pro*
vide a sinking fund for the extinction of, indebtedness contracted
before the adoption of this Constitution. No county, city, town, tax-
ing district, or other municipality shall be authorized or permitted to
become indebted, in any manner or for any purpose, to an amount
exceeding, in any year, the income and revenue provided for such
year, without the assent of two-thirds of the voters thereof, voting at
an election to be held for that purpose ; and any indebtedness con-
tracted in violation of this section shall be void. Nor shall such con-
tract be enforceable by the person with whom made ; nor shall such
municipality ever be authorized to assume the same.
Sec. 158. The respective cities, towns, counties, taxing districts,
and municipalities shall not be authorized or permitted to incur in-
debtedness to an amount, including existing indebtedness, in the
aggregate exceeding the following-named maximum percentages on
the value of the taxable property therein, to be estimated by the as-
sessment next before the last assessment previous to the incurring of
the indebtedness : viz., cities of the first and second classes, and of
the third class having a population exceeding fifteen thousand, ten per
centum ; cities of the third class having a population of less than fifteen
thousand, and cities and towns of the fourth class, five per centum ;
cities and towns of the fifth and sixth classes, three per centum ; and
counties, taxing districts, and other municipalities, two per centum :
provided any city, town, county, taxing district, or other municipality
may contract an indebtedness in excess of such limitations, when the
same has been authorized under laws in force prior to the adoption of
this Constitution, or when necessary for the completion of and pay-
ment for a public improvement undertaken and not completed and
paid for at the time of the adoption of this Constitution ; atid provided,
further, if, at the time of the adoption of this Constitution, the
aggregate indebtedness, bonded or floating, of any city, town, county,
taxing district, or other municipality, including that which it has been
or may be authorized to contract as herein provided, shall exceed the
limit herein prescribed, then no such city or town shall be authorized
or permitted to increase its indebtedness in an amount exceeding two
per centum, and no such county, taxing district, or other municipality,
in an amount exceeding one per centum, in the aggregate upon the
value of the taxable property therein, to be ascertained as herein pro-
vided, until the aggregate of its indebtedness shall have been reduced
below the limit herein fixed ; and thereafter it shall not exceed the
limit, unless in case of emergency the public health or safety should
so require. Nothing herein shall prevent the issue of renevi^al bonds,
or bonds to fund the floating indebtedness of any city, town, county,
taxing district, or other municipality.
Sec. 159. Whenever any county, city, town, taxing district, or ether
municipality is authorized to contract an indebtedness, it shall be re-
quired at the same time to provide for the collection of an annual tax
CONSTITUTION OF KENTUCKY 253
sufficient to pay the interest on said indebtedness, and to create a
sinking fund for the payment of the principal thereof, within not
more than forty years from the time of contracting the same.
Sec. 160. The mayor or chief executive, police judges, members of
legislative boards or councils of towns and cities, shall be elected by
the qualified voters thereof : provided the mayor or chief executive
and police judges of the towns of the fourth, fifth, and sixth classes
may be appointed or elected as provided by law. The terms of office
of mayors or chief executives and police judges shall be four years, and
until their successors shall be qualified ; and of members of legisla-
tive boards, two years. When any city of the first or second class is
divided into wards or districts, members of legislative boards shall be
elected at large by the qualified voters of said city, but so selected
that an equal proportion thereof shall reside in each of the said wards
or districts ; but when in any city of the first, second, or third class,
there are two legislative boards, the less numerous shall be selected
from and elected by the voters at large of said city ; but other officers
of towns or cities shall be elected by the qualified voters therein, or
appointed by the local authorities thereof, as the General Assembly
may, by a general law, provide ; but when elected by the voters of a
town or city, their terms of office shall be four years, and until their
successors shall be qualified. No mayor or chief executive or fiscal
officer of any city of the first or second class, after the expiration of
the term of office to which he has been elected under this Constitution,
shall be eligible for the succeeding term. "Fiscal officer" shall not
include an auditor or assessor, or any other officer whose chief duty is
not the collection or holding of public moneys. The General Assem-
bly shall prescribe the qualifications of all officers of towns and cities,
the manner in and causes for which they may be removed from office,
and how vacancies in such offices may be filled.
Sec. 161. The compensation of any city, county, town, or munici-
pal officer shall not be changed after his election or appointment, or
during his term of office ; nor shall the term of any such officer be
extended beyond the period for which he may have been elected or
Sec. 162. No county, city, town, or other municipality shall ever
be authorized or permitted to pay any claim created against it, under
any agreement or contract made without express authority of law,
and all such unauthorized agreements or contracts shall be null and
Sec. 163. No street railway, gas, water, steam-heating, telephone,
or electric-light company, within a city or town, shall be permitted
or authorized to construct its tracks, lay its pipes or mains, or erect
its poles, posts, or other apparatus along, over, under, or across the
streets, alleys, or public grounds of a city or town, without the con-
sent of the proper legislative bodies or boards of such city or town
being first obtained ; but when charters have been heretofore granted
conferring such rights, and work has in good faith been begun there-
under, the provisions of this section shall not apply.
Sec. 164. No county, city, town, taxing district, or other munici-
254 CONSTITUTION OF KENTUCKY
pality shall be authorized or permitted to grant any franchise or privi-
lege, or make any contract in reference thereto, for a term exceeding
twenty years. Before granting such franchise or privilege for a term
of years, such municipality shall first, after due advertisement, re-
ceive bids therefor publicly, and award the same to the highest and
best bidder ; but it shall have the right to reject any or all bids.
This section shall not apply to a trunk railway.
Sec. 165. No person shall at the same time be a State officer or
a deputy officer, or member of the General Assembly, and an officer
of any county, city, town, or other municipality, or an employee
thereof; and no person shall at the same time fill two municipal offices,
either in the same or different municipalities, except as may be other-
wise provided in this Constitution ; but a notary public, or an officer of
the militia, shall not be ineligible to hold any other office mentioned
\i\ this section.
Sec. 166. All acts of incorporation of cities and towns heretofore
granted, and all amendments thereto, except as provided in section
one hundred and sixty-seven, shall continue in force under this Con-
stitution ; and all city and police courts established in any city or
town shall remain, with their present powers and jurisdictions, until
such time as the General Assembly shall provide by general la-.vs for
the government of towns and cities, and the officers and courts there-
of, but not longer than four years from and after the first day of
January, one thousand eight hundred and ninety-one, within which
time the General Assembly shall provide by general laws for the gov-
ernment of towns and cities, and the officers and courts thereof, as
provided in this Constitution.
Sec. 167. All city and town officers in this State shall be elected
or appointed as provided in the charter of each respective town and
city, until the general election in November, 1893, and until their
successors shall be elected and qualified, at which time the terms of
all such officers shall expire ; and at that election, and thereafter as
their terms of office may expire, all officers required to be elected in
cities and towns by this Constitution, or by general laws enacted
in conformity to its provisions, shall be elected at the general elec-
tions in November, but only in the odd years, except members of
municipal legislative boards, who may be elected either in the even
or odd years, or part in the even and part in the odd years : provided
that the terms of office of police judges who were elected for four
years at the August election, eighteen hundred and ninety, shall
expire August thirty-first, eighteen hundred and ninety-four, and the
terms of police judges elected in November, eighteen hundred and
ninety-three, shall begin September first, eighteen hundred and
ninety-four, and continue until the November election, eighteen
hundred and ninety-seven, and until their successors are elected and
Sec. 168. No municipal ordinance shall fix a penalty for a violation
thereof at less than that imposed by statute for the same offense. A
conviction or acquittal under either shall constitute a bar to another
prosecution for the same offense.
CONSTITUTION OF KENTUCKY 255
Revenue and Taxation.
Sec. i6g. The fiscal year shall commence on the first day of July
in each year, unless otherwise provided by law.
Sec. 170. There shall be exempt from taxation public property used
for public purposes ; places actually used for religious worship, with
the grounds attached thereto and used, and appurtenant to the house
of worship, not exceeding one-half acre in cities or towns, and not
exceeding two acres in the country ; places of burial not held for
private or corporate profit, institutions of purely public charity, and
institutions of education not used or employed for gain by any per-
son or corporation, and the income of which is devoted solely to the
cause of education ; public libraries, their endowments, and the in-
come of such property as is used exclusively for their maintenance ;
all parsonages or residences owned by any religious society, and occu-
pied as a home, and for no other purpose, by the minister of any
religion, with not exceeding one-half acre of ground in towns and
cities, and two acres of ground in the country, appurtenant thereto ;
household goods and other personal properly of a person with a fam-
ily, not exceeding two hundred and fifty dollars in value ; crops grown
in the year in which the assessment is made, and in the hands of the
producer ; and all laws exempting or commuting property from taxa-
tion other than the property above mentioned shall be void. The
General Assembly may authorize any incorporated city or town to
exempt manufacturing establishments from municipal taxation,
for a period not exceeding five years, as an inducement to their
Sec. 171. The General Assembly shall provide by law an annual
tax, which, with other resources, shall be sufficient to defray the esti-
mated expenses of the Commonwealth for each fiscal year. Taxes
shall be levied and collected for public purposes only. They shall
be uniform upon all property subject to taxation within the territorial
limits of the authority levying the tax ; and all taxes shall be levied
and collected by general laws.
Sec. 172. All property not exempted from taxation by this
Constitution shall be assessed for taxation at its fair cash value,
estimated at the price it would bring at a fair voluntary sale ; and
any officer, or other person authorized to assess values for taxation,
who shall commit any willful error in the performance of his duty,
shall be deemed guilty of misfeasance, and upon conviction thereof
shall forfeit his office, and be otherwise punished as may be provided
Sec. 173. The receiving, directly or indirectly, by any officer of
the Commonwealth, or of any county, city, or town, or member or
officer of the General Assembly, of any interest, profit, or perquisites
arising from the use or loan of public funds in his hands, or moneys
to be raised through his agency for State, city, town, district, or
county purposes, shall be deemed a felony. Said offense shall be
punished as may be prescribed by law, a part of which punishment
shall be disqualification to hold office.
256 CONSTITUTION OF KENTUCKY
Sec. 174. All property, whether owned by natural persons or
corporations, shall be taxed in proportion to its value, unless ex-
empted by this Constitution ; and all corporate property shall pay
the same rate of taxation paid by individual property. Nothing in
this Constitution shall be construed to prevent the General Assem-
bly from providing for taxation based on income, licenses, or fran-
Sec. 175. The power to tax property shall not be surrendered or
suspended by any contract or' grant to which the Commonwealth
shall be a party.
Sec. 176. The Commonwealth shall not assume the debt of any
county, municipal corporation, or political subdivision of the State,
unless such debt shall have been contracted to defend itself in time
of war, to repel invasion, or to suppress insurrection.
Sec. 177. The credit of the Commonwealth shall not be given,
pledged, or loaned to any individual, company, corporation, or asso-
ciation, municipality, or political subdivision of the State, nor shall
the Commonwealth become an owner or stockholder in, nor make
donation to, any company, association, or corporation ; nor shall
the Commonwealth construct a railroad or other highway. (For
amendment of 1908, see p. 272.)
Sec. 178. All laws authorizing the borrowing of money by and on
behalf of the Commonwealth, county, or other political subdivision
of the State, shall specify the purpose for which the money is to be
used, and the money so borrowed shall be used for no other purpose.
Sec. 179. The General Assembly shall not authorize any county
or subdivision thereof, city, town, or incorporated district, to become
a stockholder in any company, association, or corporation, or to
obtain or appropriate money for, or to loan its credit to, any corpo-
ration, association, or individual, except for the purpose of construct-
ing or maintaining bridges, turnpike roads, or gravel roads : provided,
if any municipal corporation shall offer to the Commonwealth any
property or money for locating or building a Capitol, and the Com-
monwealth accepts such offer, the corporation may comply with the
Sec. 180. The General Assembly may authorize the counties,
cities, or towns to levy a poll-tax not exceeding one dollar and fifty
cents per head. Every act enacted by the General Assembly, and
every ordinance and resolution passed by any county, city, town, or
municipal board or local legislative body, levying a tax, shall specify
distinctly the purpose for which said tax is levied ; and no tax
levied and collected for one purpose shall ever be devoted to another
Sec. 181. The General Assembly shall not impose taxes for the
purposes of any county, city, town, or other municipal corporation,
but may by general laws confer on the proper authorities thereof,
respectively, the power to assess and collect such taxes. The Gen-
eral Assembly may, by general laws only, provide for the payment of
license fees on franchises, stock used for breeding purposes, the vari-
ous trades, occupations, and professions, or a special or excise tax,
CONSTITUTION OF KENTUCKY 257
and may by general laws delegate the power to counties, towns,
cities, and other municipal corporations, to impose and collect license
fees on stock used for breeding purposes, on franchises, trades, occu-
pations, and professions. (For amendment of 1902, see p. 272.)
Sec. 182. Nothing in this Constitution shall be construed to pre-
vent the General Assembly from providing by law how railroads and
railroad property shall be assessed, and how taxes thereon shall be
collected ; and until otherwise provided, the present law on said
subject shall remain in force.
Sec. 183. The General Assembly shall by appropriate legislation
provide for an efficient system of common schools throughout the
Sec. 184. The bond of the Commonwealth, issued in favor of the
Board of Education for the sum of one million three hundred and
twenty-seven thousand dollars, shall constitute one bond of the Com-
monwealth in favor of the Board of Education ; and this bond and the
seventy-three thousand five hundred dollars of the stock in the Bank of
Kentucky, held by the Board of Education, and its proceeds, shall be
held inviolate for the purpose of sustaining the system of common
schools. The interest and dividends of said fund, together with any
sum which may be produced by taxation or otherwise for purposes of
common school education, shall be appropriated to the common schools,
and to no other purpose. No sum shall be raised or collected for edu-
cation other than in common schools until the question of taxation is
submitted to the legal voters, and the majority of the votes cast at said
election shall be in favor of such taxation : provided the tax now im-
posed for educational purposes, and for the endowment and mainte-
nance of the Agricultural and Mechanical College, shall remain until
changed by law.
Sec. 185. The General Assembly shall make provision by law for
the payment of the interest of said school fund, and may provide for
the sale of the stock in the Bank of Kentucky ; and in case of a sale
of all or any part of said stock, the proceeds of sale shall be in-
vested by the sinking-fund commissioners in other good interest-bear-
ing stocks or bonds, which shall be subject to sale and reinvestment
from time to time, in like manner and with the same restrictions as
provided with reference to the sale of the said stock in the Bank of
Sec. 186. Each county in the Commonwealth shall be entitled to
its proportion of the school fund on its census of pupil children for
each school year ; and if the pro rata share of any school district be
not called for after the second school year, it shall be covered into the
treasury, and be placed to the credit of the school fund for general
apportionment the following school year. The surplus now due the
several counties shall remain a perpetual obligation against the Com-
monwealth for the benefit of said respective counties, for which the
Commonwealth shall execute its bond, bearing interest at the rate of
KENT. HIST. — 17
258 CONSTITUTION OF KENTUCKY
six per centum per annum, payable annually to the counties respec-
tively entitled to the same, and in the proportion to which they are
entitled, to be used exclusively in aid of common schools.
Sec. 187. In distributing the school fund, no distinction shall be
made on account of race or color, and separate schools for white and
colored children shall be maintained.
Sec. 188. So much of any moneys as may be received by the Com-
monwealth from the United States under the recent act of Congress
refunding the direct tax shall become a part of the school fund, and
be held as provided in section one hundred and eighty-four ; but the
General Assembly may authorize the use, by the Commonwealth, of
the moneys so received, or any part thereof, in which event a bond
shall be executed to the Board of Education for the amount so used,
which bond shall be held on the same terms and conditions, and sub-
ject to the provisions of section one hundred and eighty-four, con-
cerning the bond therein referred to.
Sec. i8g. No portion of any fund or tax now existing, or that may
hereafter be raised or levied, for educational purposes, shall be appro-
priated to, or used by, or in aid of, any church, sectarian, or denom-
Sec. 190. No corporation in existence at the time of the adoption
of this Constitution shall have the benefit of future legislation with-
out first filing in the office of the secretary of state an acceptance of
the provisions of this Constitution.
Sec. 191. All existing charters or grants of special or exclusive
privileges, under which a bona fide organization shall not have taken
place, and business been commenced in good faith at the time of
the adoption of this Constitution, shall thereafter be void and of no
Sec. 192. No corporation shall engage in business other than that
expressly authorized by its charter, or the law under which it may have
been or hereafter may be organized, nor shall it hold any real estate,
except such as may be proper and necessary for carrying on its legiti-
mate business, for a longer period than five years, under penalty of
Sec. 193. No corporation shall issue stock or bonds except for an
equivalent in money paid or labor done, or property actually received
and applied to the purposes for which such corporation was created ;
and neither labor nor property shall be received in payment of stock
or bonds at a greater value than the market price at the time said
labor was done or property delivered ; and all fictitious increase of
stock or indebtedness shall be void.
Sec. 194, All corporations formed under the laws of this State, or
carrying on business in this State, shall at all times have one or more
known places of business in this State, and an authorized agent or
agents there, upon whom process may be executed ; and the General
Assembly shall enact laws to carry into effect the provisions of this
CONSTITUTION OF KENTUCKY 259
Sec. 195. The ('nmmonwealth, in the exercise of the right of emi-
nent domain, shall have and retain the same powers to take the prop-
erty and franchises of incorporated companies for public use which
it has and retains to take the property of individuals ; and the ex-
ercise of the police powers of this Commonwealth shall never be
abridged, nor so construed as to permit corporations to conduct
their business in such manner as to infringe upon the equal rights of
Sec. 196. Transportation of freight and passengers by railroad,
steamboat, or other common carrier, shall be so regulated by general
law as to prevent unjust discrimination. No common carrier shall be
permitted to contract for relief from its common law liability.
Sec. 197. No railroad, steamboat, or other common carrier, under
heavy penalty to be fixed by the General Assembly, shall give a free
pass or passes, or shall, at reduced rates not common to the public,
sell tickets for transportation to any State, district, city, town, or
county officer, or member of the General Assembly, or judge ; and
any State, district, city, town, or county officer, or member of the
General Assembly, or judge, who shall accept or use a free pass or
passes, or shall receive or use tickets or transportation at reduced
rates not common to the public, shall forfeit his office. It shall be
the duty of the General Assembly to enact laws to enforce the pro-
visions of this section.
Sec. 198. It shall be the duty of the General Assembly from time
to time, as necessity may require, to enact such laws as may be nec-
essary to prevent all trusts, pools, combinations, or other organiza-
tions, from combining to depreciate below its real value any article,
or to enhance the cost of any article above its real value.
Sec. 19;. Any association or corporation, or the lessees or managers
thereof, organized for the purpose, or any individual, shall have the
right to construct and maintain Hnes of telegraph within this State,
and to connect the same with other lines ; and said companies shall
receive and transmit each other's messages without unreasonable delay
or discrimination, and all such companies are hereby declared to be
common carriers, and subject to legislative control. Telephone com-
panies operating exchanges in different towns or cities, or other pub-
lic stations, shall receive and transmit each other's messages without
unreasonable delay or discrimination. The General Assembly shall,
by general laws of uniform operation, provide reasonable regulations
to give full effect to this section. Nothing herein shall be construed
to interfere with the rights of cities or towns to arrange and control
their streets and alleys, and to designate the places at which, and the
manner in which, the wires of such companies shall be erected or laid
within the limits of such city or town.
Sec. 200. If any railroad, telegraph, express, or other corporation
organized under the laws of this Commonwealth shall consolidate, by
sale or otherwise, with any railroad, telegraph, express, or other cor-
poration organized under the laws of any other State, the same shall
not thereby become a foreign corporation ; but tlie courts of this
Commonwealth shall retain jurisdiction over that part of the corporate
26o CONSTITUTION OF KENTUCKY
property within the limits of this State in all matters which may arise,
as if said consolidation had not taken place.
Sec. 20I. No railroad, telegraph, telephone, bridge, or common
carrier company shall consolidate its capital stock, franchises, or prop-
erty, or pool its earnings, in whole or in part, with any other railroad,
telegraph, telephone, bridge, or common, carrier company, owning a
parallel or competing line or structure, or acquire by purchase, lease,
or otherwise, any parallel or competing line or structure, or operate
the same ; nor shall any railroad company or other common carrier
combine or make any contract with the owners of any vessel that
leaves or makes port in this State, or with any common carrier, by
which combination or contract the earnings of one doing the carrj'ing
are to be shared by the other not doing the carrying.
Sec. 202. No corporation organized outside the limits of this State
shall be allowed to transact business within the State on more favor-
able conditions than are prescribed by law to similar corporations
organized under the laws of this Commonwealth.
Sec. 203. No corporation shall lease or alienate any franchise so as
to relieve the franchise or property held thereunder from the liabilities
of the lessor or grantor, lessee or grantee, contracted or incurred in
the operation, use, or enjoyment of such franchise, or any of its privi-
Sec. 204. Any president, director, manager, cashier, or other officer
of any banking institution or association for the deposit or loan of
money, or any individual banker, who shall receive 01 assent to the
receiving of deposits after he shall have knowledge of the fact that
such banking institution or association or individual banker is insol-
vent, shall be individually responsible for such deposits so received,
and shall be guilty of felony, and subject to such punishment as shall
be prescribed by law.
Sec, 205. The General Assembly shall by general laws provide for
the revocation or forfeiture of the charters of all corporations guilty of
abuse or misuse of their corporate powers, privileges, or franchises, or
whenever said corporations become detrimental to the interest and
welfare of the Commonwealth or its citizens.
Sec. 206. All elevators or storehouses where grain or other property
is stored for a compensation, whether the property stored be kept
separate or not, are declared to be public warehouses, subject to legis-
lative control ; and the General Assembly shall enact laws for the
inspection of grain, tobacco, and other produce, and for the protec-
tion of producers, shippers, and receivers of grain, tobacco, and other
Sec. 207. In all elections for directors or managers of any corpora-
tion, each shareholder shall have the right to cast as many votes in
the aggregate as he shall be entitled to vote in said company under its
charter, multiplied by the number of directors or managers to be
elected at such election ; and each shareholder may cast the whole
number of votes, either in person or by proxy, for one candidate, or
distribute such votes among two or more candidates ; and such direct-
ors or managers shall not be elected in any other manner.
CONSTITUTION OF KENTUCKY 26 1
Sec. 208. The word "corporation" as used in this Constitution
shall embrace joint-stock companies and associations.
Railroads and Commerce.
Sec. 209. A commission is hereby established, to be known as
** The Railroad Commission," which shall be composed of three com-
missioners. During the session of the General Assembly which con-
venes in December, eighteen hundred and ninety-one, and before the
first day of June, eighteen hundred and ninety-two, the governor
shall appoint, by and with the advice and consent of the Senate, said
three commissioners, one from each superior court district as now estab-
lished ; and said appointees shall take their office at the expiration
of the terms of the present incumbents. The commissioners so
appointed shall continue in office during the term of the present
governor, and until their successors are elected and qualified. At the
regular election in eighteen hundred and ninety-five, and every four
years thereafter, the commissioners shall be elected, one in each
superior court district, by the qualified voters thereof, at the same
time and for the same term as the governor. No person shall be
eligible to said office unless he be, at the time of his election, at least
thirty years of age, a citizen of Kentucky two years, and a resident
of the district from which he is chosen one year, next preceding his
election. Any vacancy in this office shall be filled as provided in
section one hundred and fifty-two of this Constitution. The General
Assembly may from time to time change said districts so as to equalize
the population thereof, and may, if deemed expedient, require that
the commissioners be all elected by the qualified voters of the State at
large ; and if so required, one commissioner shall be from each dis-
trict. No person in the service of any railroad or common carrier
company or corporation, or of any firm or association conducting
business as a common carrier, or in any wise pecuniarily interested in
such company, corporation, firm, or association, or in the railroad
business, or as a common carrier, shall hold such office. The powers
and duties of the railroad commissioners shall be regulated by law ;
and, until otherwise provided by law, the commission so created shall
have the same powers and jurisdiction, perform the same duties, be
subject to the same regulations, and receive the same compensation,
as now conferred, prescribed, and allowed by law to the existing rail-
road commissioners. The General Assembly may, for cause, address
any of said commissioners out of office by similar proceedings as in
the case of judges of the Court of Appeals ; and the General Assem-
bly shall enact laws to prevent the nonfeasance and misfeasance in
office of said commissioners, and to impose proper penalties therefor.
Sec. 210. No corporation engaged in the business of common
carrier shall, directly or indirectly, own, manage, operate, or engage in,
any other business than that of a common carrier, or hold, own, lease,
or acquire, directly or indirectly, mines, factories, or timber, except
such as shall be necessary to carry on its business ; and the General
262 CONSTITUTION OF KENTUCKY
Assembly shall enact laws to give effect to the provisions of this
Sec. 211. No railroad corporation organized under the laws of
any other State, or of the United States, and doing business, or pro-
posing to do business, in this State, shall be entitled to the benefit of
the right of eminent domain, or have power to acquire the right of
way or real estate for depot or other uses, until it shall have become a
body corporate pursuant to and in accordance with the laws of this
Sec. 212. The rolling stock and other movable property belonging
to any railroad corporation or company in this State shall be considered
personal property, and shall be liable to execution and sale in the
same manner as the personal property of individuals. The earnings
of any railroad company or corporation, and choses in action, money
and personal property of all kinds belonging to it, in the hands or
under the control of any officer, agent, or employee of such corpora-
tion or company, shall be subject to process of attachment to the
same extent, and in the same manner, as like property of individuals
when in the hands or under the control of other persons. Any such
earnings, choses in action, money or other personal property, may be
subjected to the payment of any judgment against such corporation or
company in the same manner and to the same extent as such property
of individuals in the hands of third persons.
Sec. 213. All railroad, transfer, belt lines, and railway bridge com-
panies, organized under the laws of Kentucky, or operating, maintain-
ing, or controlling any railroad, transfer, oelt lines, or bridges, or
doing a railway business in this State, shall receive, transfer, deliver,
and switch empty or loaded cars, and shall move, transport, receive,
load, or unload all the freight in car-loads or less quantities, coming
to or going from any railroad, transfer, belt line, bridge, or siding
thereon, with equal promptness and dispatch, and without any dis-
crimination as to charges, preference, drawback, or rebate in favor of
any person, corporation, consignee, or consignor, in any matter as to
payment, transportation, handling, or delivery ; and shall so receive,
deliver, transfer, and transport all freight as above set forth, from
and to any point where there is a physical connection between the
tracks of said companies. But this section shall not be construed as
requiring any such common carrier to allow the use of its tracks for
the trains of another engaged in like business.
Sec. 214. No railway, transfer, belt line, or railway bridge com-
pany shall make any exclusive or preferential contract or arrangement
with any individual, association, or corporation, for the receipt, trans-
fer, delivery, transportation, handling, care, or custody of any freight,
or for the conduct of any business as a common carrier.
Sec. 215. All railway, transfer, belt lines, or railway bridge com-
panies shall receive, load, unload, transport, haul, deliver, and handle
freight of the same class for all persons, associations, or corporations
from and to the same points and uj^on the same conditions, in the
same manner and for the same charges, and for the same method
CX)NSTITUTION OF KENTUCKY 263
Sec. 216. All railway, transfer, belt lines, and railway bridge com-
panies shall allow the tracks of each other to unite, intersect, and
cross at any point where such union, intersection, and crossing is
reasonable or feasible.
Sec. 217. Any person, association, or corporation, willfully or
knowingly violating any of the provisions of sections two hundred
and thirteen, two hundred and fourteen, two hundred and fifteen, or two
hundred and sixteen, shall, upon conviction by a court of competent
jurisdiction, for the first offense be fined two thousand dollars ; for the
second offense, five thousand dollars ; and for the third offense, shall
thereupon, ipso facto, forfeit its franchises, privileges, or charter
rights ; and if such delinquent be a foreign corporation, it shall, ipso
facto, forfeit its right to do business in this State ; and the attorney-
general of the Commonwealth shall forthwith, upon notice of the
violation of any of said provisions, institute proceedings to enforce
the provisions of the aforesaid sections.
Sec. 218. It shall be unlawful for any person or corporation own-
ing or operating a railroad in this State, or any common carrier, to
charge or receive any greater compensation in the aggregate for the
transportation of passengers, or of property of like kind, under sub-
stantially similar circumstances and conditions, for a shorter than for
a longer distance over the same line, in the same direction, the shorter
being included within the longer distance ; but this shall not be con-
strued as authorizing any common carrier, or person or corporation,
owning or operating a railroad in this State, to receive as great com-
pensation for a shorter as for a longer distance : provided, that, upon
application to the railroad commission, such common carrier, or person,
or corporation owning or operating a railroad in this State, may in
special cases, after investigation by the commission, be authorized to
charge less for longer than for shorter distances for the transportation
of passengers or property ; and the commission may from time to
time prescribe the extent to which such common carrier or person, or
corporation owning or operating a railroad in this State, may be
relieved from the operations of this section.
Sec. 219. The militia of the Commonwealth of Kentucky shall
consist of all able-bodied male residents of the State between the ages of
eighteen and forty-five years, except such persons as may be exempted
by the laws of the State or of the United States.
Sec. 220. The General Assembly shall provide for mainuaining an
organized militia, and may exempt from military service persons
having conscientious scruples against bearing arms ; but such persons
shall pay an equivalent for such exemption.
Sec. 221. The organization, equipment, and discipline of the militia
shall conform as nearly as practicable to the regulations for the
government of the armies of the United States.
Sec. 222. All militia officers whose appointment is not herein
Otherwise provided for shall be elected by persons subject to military
264 CONSTITUTION OF KENTUCKY
duty within their respective companies, battalions, regiments, or other
commands, under such rules and regulations, and for such terms, not
exceeding four years, as the General Assembly may from time to time
direct and establish. The governor shall appoint an adjutant-general
and his other staff officers; the generals and commandants of regiments
and battalions shall respectively appoint their staff officers ; and the
commandants of companies shall, subject to the approval of their
regimental or battalion commanders, appoint their non-commissioned
officers. The governor shall have power to fill vacancies that may
occur in elective offices by granting commissions, which shall expire
when such vacancies have been filled according to the provisions of
Sec. 223. The General Assembly shall provide for the safe-keeping
of the public arms, military records, relics, and banners of the Com-
monwealth of Kentucky.
Sec. 224. The General Assembly shall provide by a general law
what officers shall execute bond for the faithful discharge of their
duties, and fix the liability therein.
Sec. 225. No armed person or bodies of men shall be brought into
this State for the preservation of the peace or the suppression of do-
mestic violence, except upon the application of the General Assembly,
or of the governor when the General Assembly may not be in session.
Sec. 226. Lotteries and gift enterprises are forbidden, and no privi-
leges shall be granted for such purposes, and none shall be exercised, and
no schemes for similar purposes shall be allowed. The Cieneral Assem-
bly shall enforce this section by proper penalties. All lottery privi-
leges or charters heretofore granted are revoked.
Sec. 227. Judges of the county court, justices of the peace, sheriffs,
coroners, surveyors, jailers, assessors, county attorneys, and constables
shall be subject to indictment or prosecution for misfeasance or malfea-
sance in office, or willful neglect in discharge of official duties, in such
mode as may be prescribed by law ; and upon conviction, his office shall
become vacant, but such officer shall have the right of appeal to
the Court of Appeals.
Sec. 228. Members of the General Assembly and all officers, before
they enter upon the execution of the duties of their respective offices,
and all members of the bar before they enter upon the practice of their
profession, shall take the following oath or affirmation : " I do solemnly
swear (or affirm, as the case may be) that I will support the Constitu-
tion of the United States and the Constitution of this Commonwealth,
and be faithful and true to the Commonwealth of Kentucky so long as I
continue a citizen thereof, and that I will faithfully execute, to the best
of my ability, the office of according to law; and I do further sol-
emnly swear (or affirm) that since the adoption of the present Constitu-
tion, I, being a citizen of this State, have not fought a duel with deadly
weapons within this State nor out of it, nor have 1 sent or accepted a
challenge to fight a duel with deadly weapons, nor have I acted as
CONSTITUTION OF KENTUCKY 26$
second in carrying a challengfe, nor aided or assisted any person thus
offending, so help me God ! "
Sec. 22g, Treason against the Commonwealth shall consist only in
levying war against it, or in adhering to its enemies, giving them aid
and comfort. No person shall be convicted of treason except on the
testimony of two witnesses to the same overt act, or his own confession
in open court.
Sec. 230. No money shall be drawn from the State treasury, except
in pursuance of appropriations made by law ; and a regular statement
and account of the receipts and expenditures of all public money shall
be published annually.
Sec. 231. The General Assembly may by law direct in what manner
and in what courts suits may be brought against the Commonwealth.
Sec. 232. The manner of administering an oath or affirmation shall
be such as is most consistent with the conscience of the deponent, and
shall be esteemed by the General Assembly the most solemn appeal to
Sec. 233. All laws which, on the first day of June, one thousand
seven hundred and ninety-two, were in force in the State of Virginia,
and which are of a general nature and not local to that vState, and not
repugnant to this Constitution, nor to the laws which have been enacted
by the General Assembly of this Commonwealth, shall be in force
within this State until they shall be altered or repealed by the General
Sec. 234. All civil officers for the State at large shall reside within
the State, and all district, county, city, or town officers shall reside
within their respective districts, counties, cities, or towns, and shall
keep their offices at such places therein as may be required by law.
Sec. 235. The salaries of public officers shall not be changed
during the terms for which they were elected ; but it shall be the
duty of the General Assembly to regulate, by a general law, in what
cases and what deductions shall be made for neglect of official duties.
This section shall apply to members of the General Assembly also.
Sec. 236. The General Assembly shall by law prescribe the time
when the several officers authorized or directed by this Constitution
to be elected or appointed shall enter upon the duties of their
respective offices, except where the time is fixed by this Constitution.
Sec. 237. No member of Congress, or person holding or exercising
an office of trust or profit under the United States, or any of them,
or under any foreign power, shall be eligible to hold or exercise any
office of trust or profit under this Constitution, or the laws made in
Sec. 238, The General Assembly shall direct by law how persons
who now are, or may hereafter become, sureties for public officers,
may be relieved of or discharged from suretyship.
Sec. 239. Any person who shall, after the adoption of this Consti-
tution, either directly or indirectly, give, accept, or knowingly carry,
a challenge to any person or persons to fight in single combat, with a
citizen of this State, with a deadly weapcjn, either in or out of the
State, shall be deprived of the right to hold any office of honor or
266 CONSTITUTION OF KENTUCKY
profit in this Commonwealth ; and if said acts, or any of them, be
committed within this State, the person or persons so committing
them shall be further punished in such manner as the General Assem-
bly may prescribe by law.
Sec. 240. The governor shall have power, after five years from the
time of the offense, to pardon any person who shall have participated
in a duel as principal, second, or otherwise, and to restore him to all
the rights, privileges, and immunities to which he was entitled before
such participation. Upon presentation of such pardon, the oath
prescribed in section two hundred and twenty-eight shall be varied to
suit the case.
Sec. 241. Whenever the death of a person shall result from an»
injury inflicted by negligence or wrongful act, then, in every such-
case, damages may be recovered for such death, from the corpora -«
tions and persons so causing the same. Until otherwise provided by
law, the action to recover such damages shall in all cases be prosecuted
by the personal representative of the deceased person. The General
Assembly may provide how the recovery shall go, and to whom
belong ; and, until such provision is made, the same shall form part
of the personal estate of the deceased person.
Sec. 242. Municipal and other corporations, and individuals in-
vested with the privilege of taking private property for public use,
shall make just compensation for property taken, injured, or destroyed
by them ; which compensation shall be paid before such taking, or
paid or secured, at the election of such corporation or individual,
before such injury or destruction. The General Assembly shall not
deprive any person of an appeal from any preliminary assessment of
damages against any such corporation or individual made by commis-
sioners or otherwise ; and, upon appeal from such preliminary assess-
ment, the amount of such damages shall in all cases be determined by
a jury, according to the course of the common law.
Sec. 243. The General Assembly shall by law fix the minimum
ages at which children may be employed in places dangerous to life or
health, or injurious to morals, and shall provide adequate penalties for
violations of such law.
Sec. 244. All wage-earners in this State employed in factories,
mines, workshops, or by corporations, shall be paid for their labor in
lawful money. The General Assembly shall prescribe adequate pen-
alties for violations of this section.
Sec. 245. Upon the promulgation of this Constitution, the governor
shall appoint three persons, learned in the law, who shall be commis-
sioners to revise the statute laws of this Commonwealth, and prepare
amendments thereto, to the end that the statute laws shall conform to
and effectuate this Constitution. Such revision and amendments shall
be laid before the next General Assembly for adoption or rejection,
in whole or in part. The said commissioners shall be allowed ten
tloUars each per day for their services, and also necessary stationery
for the time during which they are actually employed ; and upon their
certificate the auditor shall draw his warrant upon the treasurer.
They shall have the power to employ clerical assistants, at a compen-
CONSTITUTION OF KENTUCKY 267
sation not exceeding ten dollars per day in the aggregate. If the com-
missioners, or any of them, shall refuse to act, or a vacancy shall oc-
cur, the governor shall appoint another or others in his or their place.
Sec. 246. No public officer, except the governor, shall receive more
than five thousand dollars per annum as compensation for official ser-
vices, independent of the compensation of legally authorized deputies
and assistants, which shall be fixed and provided for by law. The
General Assembly shall provide for the enforcement of this section by
suitable penalties, one of which shall be forfeiture of office by any
person violating its provisions.
Sec. 247. The printing and binding of the laws, journals, depart-
ment reports, and all other public printing and binding, shall be per-
formed under contract, to be given to the lowest responsible bidder,
below such maximum and under such regulations as may be prescribed
by law. No member of the General Assembly, or officer of the Com-
monwealth, shall be in any way interested in any such contract ; and
all such contracts shall be subject to the approval of the governor.
Sec. 248. A grand jury shall consist of twelve persons, nine of
whom, concurring, may find an indictment. In civil and misdemeanor
cases, in courts inferior to the circuit courts, a jury shall consist of six
persons. The General Assembly may provide, that, in any or all trials
of civil actions in the circuit courts, three-fourths or more of the jurors
concurring may return a verdict, which shall have the same force and
effect as if rendered by the entire panel ; but where a verdict is ren-
dered by a less number than the whole jury, it shall be signed by all
the jurors who agree to it.
Sec. 249. The House of Representatives of the General Assembly
shall not elect, appoint, employ, or pay for, exceeding one chief
clerk, one assistant clerk, one enrolling clerk, one sergeant-at-arms,
one door-keeper, one janitor, two cloak-room keepers, and four pages ;
and the Senate shall not elect, appoint, employ, or pay for, exceeding
one chief clerk, one assistant clerk, one enrolling clerk, one sergeant-
at-arms, one door-keeper, one janitor, one cloak-room keeper, and three
pages ; and the General Assembly shall provide by general law for
fixing the per diem or salary of all of said employees.
Sec. 250. It shall be the duty of the General Assembly to enact
such laws as shall be necessary and proper to decide differences by
arbitrators, the arbitrators to be appointed by the parties who may
choose that summary mode of adjustment.
Sec. 251. No action shall be maintained for possession of any
lands lying within this State, where it is necessary for the claimant to
rely for his recovery on any grant or patent issued by the Common-
wealth of Virginia, or by the Commonwealth of Kentucky prior to the
year one thousand eight hundred and twenty, against any person
claiming such lands by possession to a well-defined boundary, under a
title of record, unless such action shall be instituted within five years
after this Constitution shall go into effect, or within five years after the
occupant may take possession ; but nolliing herein shall be construed
to affect any right, title, or interest in lands acquired by virtue of
adverse possession under the laws of this Commonwealth.
268 CONSTITUTION OF KENTUCKY
Sec. 252, It shall be the duty of the General Assembly to provid'*
by law, as soon as practicable, for the establishment and maintenance
of an institution or institutions for the detention, correction, instruc-
tion, and reformation of all persons under the age of eighteen years,
convicted of such felonies and such misdemeanors as may be desig-
nated by law. Said institution shall be known as the " House of
Sec. 253. Persons convicted of felony and sentenced to confinement
in the penitentiary shall be confined at labor within the walls of the
penitentiary ; and the General Assembly shall not have the power to
authorize employment of convicts elsewhere, except upon the public
works of the Commonwealth of Kentucky, or when, during pestilence
or in case of the destruction of the prison buildings, they cannot be
confined in the penitentiary.
Sec. 254. The Commonwealth shall maintain control of the disci-
pline, and provide for all supplies, and for the sanitary condition of
the convicts, and the labor only of convicts may be leased.
Sec. 255. The seat of government shall continue in the city of
Frankfort, unless removed by a vote of two-thirds of each House of
the first Cieneral Assembly which convenes after the adoption of this
Mode of Revision.
Sec. 256. Amendments to this Constitution may be proposed in
either House of the General Assembly at a regular session ; and if
such amendment or amendments shall be agreed to by three-fifths of
all the members elected to each House, such proposed amendment or
amendments, with the yeas and nays of the members of each House
taken thereon, shall be entered in full in their respective journals.
Then such proposed amendment or amendments shall be submitted to
the voters of the State for their ratification or rejection at the next
general election for members of the House of Representatives, the
vote to be taken thereon in such manner as the General Assembly may
provide, and to be certified by the ofiicers of election to the secretary
of state in such manner as shall be provided by law, which vote shall
be compared and certified by the same board authorized by law to
compare the polls and give certificates of election to officers for the
State at large. If it shall appear that a majority of the votes cast for
and against an amendment at said election was for the 'amendment,
then the same shall become a part of the Constitution of this Common-
wealth, and shall be so proclaimed by the governor, and published in
such manner as the General Assembly may direct. Said amendments
shall not be submitted at an election which occurs less than ninety
days from the final passage of such- proposed amendment or amend-
ments. Not more than two amendments shall be voted upon at any
one time, nor shall the same amendment be again submitted within
five years after a submission. Said amendments shall be so submitted
as to allow a separate vote on each, and no amendment shall relate to
more than one subject ; but no amendment shall be proposed by the
CONSTITUTION OF KENTUCKY 269
first Cicneral Asseml)Iy which convenes after the adoption of this Con-
stitution. The approval of the (governor shall not be necessary to any
bill, order, resolution, or vote of the General Assembly, proposing an
amendment or amendments to this Constitution.
Sec. 257. Before an amendment shall be submitted to a vote, the
secretary of state shall cause such proposed amendment, and the time
that the same is to be voted upon, to be published at least ninety days
before the vote is to be taken thereon in such manner as may be pre-
scribed by law.
Sec. 258. When a majority of all the members elected to each
House of the General Assembly shall concur by a yea and nay vote,
to be entered upon their respective journals, in enacting a law to take
the sense of the people of the State as to the necessity and expediency
of calling a convention for the purpose of revising or amending this
Constitution and such amendments as may have been made to the
same, such law shall be spread upon their respective journals. If the
next General Assembly shall in like manner concur in such law, it
shall provide for having a poll opened in each voting precinct in this
State by the ofificers provided by law for holding general elections at
the next ensuing regular election to be held for State officers or mem-
bers of the House of Representatives, which does not occur within
ninety days from the final passage of such law, at which time and
places the votes of the qualified voters shall' be taken for and against
calling the convention, in the same manner provided by law for taking
votes in other State elections. The vote for and against said proposi-
tion shall be certified to the secretary of state by the same officers and
in the same manner as in State elections. If it shall appear that
a majority voting on the proposition was for calling a convention, and
if the total number of votes cast for the calling of the convention is
equal to one-fourth of the number of qualified voters who voted at the
last preceding general election in this State, the secretary of state
shall certify the same to the General Assembly at its next regular
session, at which session a law shall be enacted calling a convention to
readopt, revise, or amend this Constitution and such amendments as
may have been made thereto.
Sec. 259. The convention shall consist of as many delegates as
there are members of the House of Representatives ; and the delegates
shall have the same qualifications and be elected from the same dis-
tricts as said Representatives.
Sec. 260. Delegates to such convention shall be elected at the next
general State election after the passage of the act calling the conven-
tion, which does not occur within less than ninety days ; and they shall
meet within ninety days after their election at the Capital of the State,
and continue in session until their work is completed.
Sec. 261. The General Assembly, in the act calling the convention,
shall provide for comparing the polls and giving certificates of election
to the delegates elected, and provide for their compensation.
Sec. 262. The convention, when assembled, shall be the judge of
the election and qualification of its members, and shall determine con-
tested elections ; but the General Assembly shall, in the act calling
2/0 CONSTITUTION OF KENTUCKY
the convention, provide for takinj^ testimony in such cases, and for
issuing a writ of election in case of a tic.
Sec. 263. Before a vote is taken upon the question of calling a con-
vention, the secretary of state shall cause notice of the election to be
published in such manner as may be provided by the act directing said
vote to be taken.
That no inconvenience may arise from the alterations and amend-
ments made in this Constitution, and in order to carry the same into
complete operation, it is hereby declared and ordained : —
1. That all laws of this Commonwealth in force at the time of the
adoption of this Constitution, not inconsistent therewith, shall remain
in full force until altered or repealed by the General Assembly ; and all
rights, actions, prosecutions, claims, and contracts of the State, coun-
ties, individuals, or bodies corporate, not inconsistent therewith, shall
continue as valid as if this Constitution had not been adopted. The
provisions of all laws which are inconsistent with this Constitution shall
cease upon its adoption, except that all laws which are inconsistent with
such provisions as require legislation to enforce them shall remain in
force until such legislation is had, but not longer than six years after
the adoption of this Constitution, unless sooner amended or repealed
by the General Assembly.
2. That all recognizances, obligations, and all other instruments
entered into or executed before the adoption of this Constitution, to
the State, or to any city, town, county, or subdivision thereof, and all
fines, taxes, penalties, and forfeitures due or owing to this State, or to
any city, town, county, or subdivision thereof ; and all writs, prosecu-
tions, actions and causes of action, except as otherwise herein provided,
shall continue and remain unaffected by the adoption of this Constitu-
tion ; and all indictments which shall have been found, or may hereafter
be found, for any crime or offense committed before this Constitution
takes effect, may be prosecuted as if no change had taken place, except
as otherwise provided in this Constitution.
3. All circuit, chancery, criminal, law and equity, law, and common
pleas courts, as now constituted and organized by law, shall continue
with their respective jurisdictions until the judges of the circuit courts
provided for in this Constitution shall have been elected and qualified,
and shall then cease and determine ; and the causes, actions, and pro-
ceedings then pending in said first-named courts, which are discontin-
ued by this Constitution, shall be transferred to, and tried by, the circuit
courts in the counties, respectively, in which said causes, actions, and
proceedings are pending.
4. The treasurer, attorney-general, auditor of public accounts, super-
intendent of public instruction, and register of the land office, elected
in eighteen hundred and ninety-one. shall hold their offices until the
first Monday in January, eighteen hundred and ninety-six, and until
the election and qualification of their successors. The governor and
lieutenant-governor elected in eighteen hundred and ninety-one shali
CONSTITUTION OF KENTUCKY 2J\
hold their offices until the sixth Tuesday after the first Monday in
November, eighteen hundred and ninety-five, and until their succes-
sors are elected and qualified. The governor and treasurer elected in
eighteen hundred and ninety-one shall be ineligible to the succeeding
term. The governor elected in eighteen hundred and ninety-one may
appoint a secretary of state and a commissioner of agriculture, labor,
and statistics, as now provided, who shall hold their offices until their
successors are elected and qualified, unless sooner removed by the gov-
ernor. The official bond of the present treasurer shall be renewed at
the expiration of two years from the time of his qualification.
5. AH officers who may be in office at the adoption of this Constitu-
tion, or who may be elected before the election of their successors, as
provided in this Constitution, shall hold their respective offices until
their successors are elected or appointed and qualified as provided in
6, The quarterly courts created by this Constitution shall be the
successors of the present statutory quarterly courts in the several coun-
ties of this State ; and all suits, proceedings, prosecutions, records, and
judgments now pending or being in said last-named courts, shall, after
the adoption of this Constitution, be transferred to the quarterly courts
created by this Constitution, 'and shall proceed as though the same had
been therein instituted.
We, the representatives of the people of Kentucky, in Convention
assembled, in their name and by their authority and in virtue of the
power vested in us as delegates from the counties and districts respec-
tively affixed to our names, do ordain and proclaim the foregoing to be
the Constitution of the Commonwealth of Kentucky from and after
Done at Frankfort this twenty-eighth day of September, in the year
of our Lord one thousand eight hundred and ninety-one, and in
the ninety-ninth* year of the Commonwealth.
CASSIUS M. CLAY, Jr.,
President of the Convention, and Member from the County
THOMAS G. POORE,
* Error : should be "one hundredth.'"
2/2 CONSTITUTION OF KENTUCKY
Amendment of 1902, added to Section 181.
And the General Assembly may, by general laws only, authorize
cities or towns of any class to provide for taxation for municipal purposes
on personal property, tangible and intangible, based on income, licenses
or franchises, in lieu of an ad valorem tax thereon : provided, cities
of the first class shall not be authorized to omit the imposition of an
ad valoref?i tax on such property of any steam railroad, street railway,
ferry, bridge, gas, water, heating, telephone, telegraph, electric light
or electric power company.
Amendment of 1908, added to Section 177.
The credit of the Commonwealth may be given, pledged or loaned
to any county of the Commonwealth for public road purposes, and any
county may be permitted to incur an indebtedness in any amount fixed
by the county, not in excess of five percentum of the value .of the
taxable property therein, for public road purposes in said county,
provided said additional indebtedness is submitted to the voters of
the county for their ratification or rejection at a special election held
for said purpose, in such manner as may be provided by law, and
when any such indebtedness is incurred by any county said county
may levy, in addition to the tax rate allowed under section 157 of the
Constitution of Kentucky, an amount not exceeding twenty cents on
the one hundred dollars of the assessed valuation of said county for the
purpose of paying the interest on said indebtedness and providing a
sinking fund for the payment of said indebtedness.
Abolition movement, opposition to and effect
of, 152, 153; extreme disapproval of, 154.
155; war a necessity for, 173; favored by
Congress, 186; slavery abolished in Dis-
trict of Columbia, r86 ; Emancipation Proc-
lamation issued, 196; Thirteenth Amend-
ment passed, 203.
Act of Separation, first, 62, 63 ; second, 66.
Adair, Major John, defeated at Fort St. Clair,
97; at battle of the Thames, 125; elected
Adams, John Quincy, elected President, 134.
Adams, Major George M., elected to Con-
Adventures of Colonel Daniel Boone, by
John Filson, 56.
Agricultural and Mechanical College estab-
Alabama secedes, 162.
Alexander, Robert, president of Bank of Ken-
Alien and Sedition laws, passed, 105 ; Ken-
tucky's opposition to, 105, 108; repealed,
Allen, Alfred, Conservative nominee for
Allen, John, delegate to seventh convention,
77; counsel for Burr, in; candidate for
governor, 114; commands militia, 117;
killed at Frenchtown, 119, 120; county
named after, 120.
Amendments, Thirteenth ratified, 203 ; Four-
teenth and Fifteenth ratified, 209.
American Colonization Society, 152.
American commerce interfered with, 1x6.
American, or Know-Nothing party, 157, 158.
Anderson, Major Robert, commander at Fort
Sumter, 166 ; commander of Kentucky Fed-
erals, 176; issues proclamation of protec-
Anderson, Richard C, member of Anti-Relief
Andrews, Judge, L. W., member of Opposi-
tion party, 159.
Annexation of Texas, Clay's opposition to,
144; its effect, 156.
Anti-Federalists, 99, 100.
Anti-Relief party, organized, 129; becomes
Old Court party, 134.
Antislavery, see Abolition movement.
Appellate courts, judges for, 215.
Appomattox Courthouse, Lee's surrender at,
Army of Northern Virginia, surrender of,
Arnold, Captain John, in War of 1812, 118.
Artistic productions in Kentucky, 137.
Athens of the West, Lexington's nickname,
Atlantic States impoverished by Revolution,
Baker, R. T., Republican nominee for lieu-
tenant governor, 206.
Ballard, Bland, United States district judge,
Bank charters, granted, 128; repealed, 129.
Bank of Kentucky, chartered, 113, 128 ; estab-
Bank of Louisville, established, 143.
Bank of the Commonwealth, chartered, 129,
130; its currency destroyed, 134.
Banks of the United States, established at
Louisville and Kentucky, 134; Jackson
vetoes bill of recharter, 143.
Baptists in Kentucky, 84.
Barbour, James, commissioner at Logan's
Barbour, Major Philip N., killed at Monterey,
Barclay, Commodore, defeated by Perry, 122,
Bardstown, one of Kentucky's earliest towns,
Barlow, Thomas Harris, constructs model
Barlow's Planetarium, 137.
Barnes, S. M., Republican nominee for gov-
Barry, Major William T., his oratorical influ-
ence, 124, 125; favors Relief party, 129;
elected lieutenant governor, 129; elected
chief justice, 132; candidate for governor,
Bear Wallow, General Morgan's forces at,
Beauregard, General, reenforces Johnston,
Beck, James B., elected U. S. senator, 213;
Beckham, J. C. W., lieutenant governor, 219;
governor, 219, 220; Democratic candidate
for U. S. senator, 221 ; elected Senator, 223.
Bell, Joshua F., statesman, 159; delegate to
Peace Conference, 165.
Benton, Mortimer M., nominee for judge, 201.
Bibb, George M., chief justice, 113; member
Relief party, 129.
Big Bone Lick, early exploration of, 15.
Big Creek Gap, Kentucky invaded at, 190.
Bill, of repeal of court of appeals, 132 ; Com-
promise, 134, 135; Omnibus, 155, 156.
Bi-partisan boards, 224.
Bird, Captain Henry, captures Ruddle's and
Martin's stations, 39.
Bivouac of the Dead, by Theodore O'Hara,
Blackburn, Dr. Luke Prj'or, elected gov-
Blackburn, Gideon, president of Center Col-
Blackburn, J. C. S., elected U. S. senator,
213; Democratic caucus nominee for U. S.
senator, 217 ; elected U. S. senator, 218.
Blackburn, William B., Anti-Relief candi-
Blennerhasset, Burr's accomplice, no; his
death in disgrace, 112.
Blue Licks, Boone's expedition to, 34, 35 ;
battle of, 120.
Blythe, Dr., president of Transylvania Uni-
Board of War established, 87, 88.
Boiling Springs, delegates from, 21, 22.
Boone, Daniel, pioneer in Kentucky, 12;
captured by Indians, 13 ; rescues survey-
ors, 16; cuts roads through Kentucky, 19,
21 ; his influence in settling Kentucky, 19;
his family settles in Kentucky, 23 ; his
character, 24 ; captured by Indians, 34, 35 ;
appointed lieutenant colonel, 40; at Blue
Licks, 46, 47 ; his intercourse with Filson,
Boone, Jemima, captured by Indians, 26, 27.
Boone, Squire, joins Daniel in Kentucky, 13.
Boonesborough, settled, 21 ; parliament at,
22; fort at, 22, 23; Indian attacks on, 30,
32,35,36,42; school opened at, 38 ; one of
oldest towns, 55.
Border States, attempt at compromise, 162,
163 ; proposed convention of, 163.
Boswell, Colonel, commander of volunteers,
Botanical gardens at Lexington, projected by
Bourbon County, one of original nine coun-
Bowling Green, headquarters of western Con-
federate army, 177; seat of Confederate
government, 180; evacuated by Confed-
Bowman, John, member of first Harrodsburg
court, 29, 30; colonel of Kentucky County,
Boyd, Linn, death of, 189.
Boyle, General Jeremiah T., military com-
mandant, 187, 188; his resignation, 198.
Boyle, John, chief justice, 130.
Bradford, John and Fielding, issue Kentucke
Bradford, John, address of welcome to Gov-
ernor Shelby, 94.
Bradley, W. O., Republican candidate for
governor, 216; first Republican governor
of Kentucky, 216-218; elected U. S. sena-
Brag, Colonel Braxton, commands Chatta-
nooga forces, 189; his march through Ken-
tucky, 191 ; his retreat, 192, 193.
Bramlette, Thomas Elliott, elected governor,
Breathitt, John, elected governor, 136.
Breckinridge, John, president of Lexington
Democratic Club, 99; appointed attorney-
general, 102 ; offers Kentucky Resolutions,
107 ; appointed speaker, 109.
Breckinridge, John C, oration over Ken-
tucky soldiers, 148; elected \'ice President,
158 ; in favor of State convention, 163, 164 ;
elected U. S. senator, 165 ; Confederate
general, 179; superseded by Davis, 180.
Breckinridge, Mrs. Issa Desha, organizes
Hart Memorial Association, 139, n. i.
Breckinridge, Robert, votes for Federal con
stitution, 74; chosen speaker, 95.
Breckinridge, Rev. R. J., calms riot, 132,
133 ; president of Radical Union conven-
tion, 201, 202.
Breckinridge, William L., president of Center
British, claims in Kentucky, 32 ; stations in
America, 59; intrigue in Kentucky, 82, 83 ;
possessions surrendered, 100, loi ; soldiers
captured in Canada, 124.
Brodhead, Daniel, opens store at Louisville,
Brown, James, appointed secretary of state,
Brown, Jolin, member from Kentucky, of Con-
gress of Confederation of States, 7,^ ; letter
to sixth convention, 75 ; member of Board
of War, 87 ; elected U. S. senator, 96.
Brown, John Mason, author of Political Be-
ginnings of Kentucky, 73, n. i.
Brown, John Young, elected governor, 216;
candidate for governor, 218.
Brown, Rev. John H., address on Kentucky
Brown, Scott, adjutant general, 170, 179.
Bryan, William J., candidate for President,
Bryan's Station attacked, 43-46.
Buchanan, James, elected President, 158.
Buckner, General Simon B., inspector of
State Guards, 170; leader of State Guards,
177; Confederate commander, 182 ; gover-
nor, 214, candidate for Vice President, 217.
Buckner, Judge R. A., Sr. member of Anti-
Relief party, 129; candidate for governor,
Buckner, Judge R. A., member of Opposition
party, 159; Unionist, 169.
Buell, General Don Carlos, commander of
Kentucky forces, 181 ; commander of Fed-
eral troops, 183; reenforces Grant, 184; in
central Tennessee, 190; enters Louisville,
191 ; avoids Confederates, 192.
Buena Vista, battle of, 146.
Bull Run, battle of, 174.
Bullitt, Alexander Scott, chosen speaker, 95 ;
president of second convention, 108 ; elected
lieutenant governor, 109.
Bullitt, Captain Thomas, surveyor in Ken-
Bullock, Rice, votes for Federal constitution,
Burbridge, General Steven G., commander of
Kentucky forces, 198; his oppressive mili-
tary rule, 199, 200; interferes with elec-
tions, 201 ; deposed, 202.
Burnam, Judge C. F., member of Opposition
party, 159 ; member of Unionist party, 169 ;
joins Republicans, 207.
Burnett, Henry C, U. S. representative in
Congress of 1861, 170; delegate to Virginia,
Burr, Aaron, his conspiracy, no; indicted by
Daveiss, in; festivities in his honor, 112;
his trial and disgrace, 112.
Bush, Joseph H., artist, 138.
Butler, General Richard, killed at Wabash
Butler, General William O., Democratic nom-
inee for governor, 144 ; his military exploits,
144; in Mexican War, 145; wounded at
Monterey, 146 ; delegate to Peace Confer-
Cahokia, French village, 32.
Caldwell and McKee's army, 42, 43.
Caldwell, Colonel, commands regiment, 121.
California applies for admission, 156.
Call, Richard Ellsworth, author of Life of
C. S. Rafinesque, 137, n. i.
Callaway, Richard, member of first Harrods- '
burg court, 29, 30; his daughter captured
by Indians, 26, 27.
Camden, Johnson M., Senator, 223.
Camp Boone, Confederate regiments at,
Camp Clay, Federal regiments at, 173.
Camp Dick Robinson, Federal regiments at
Camp Joe Holt, Federal regiments at, 173.
Camp Wild Cat, battle of, 180.
Canada, march of Harrison's army into, 124,
Capitol, built in 1905-1909, 221.
Carlisle, John G., elected lieutenant gov-
ernor, 210; secretary of treasury, against
free silver, 216.
Catholics in Kentucky, 84.
Centenary of Kentucky, by Durrett, 29,
Centenary of Kentucky's admission, cele-
Center College chartered by Presbyterians,
Cerro Gordo, attack on, 147.
Chamberlin, Jeremiah, president of Center
Change of party names, 141.
Characteristics of Kentuckians, 62.
Charters of banks, granted and repealed, 128,
Chattanooga, Confederate forces organized at,
Cherokees, claim Kentucky, 20 ; fear of their
invasion, 60; treaty with English, 20.
Chillicothe, Indian settlement at, 35.
Christian church in Kentucky. 85.
Cincinnati, original town on site of, 56; pro-
posed capture of, 190.
Circuit courts, increase in number of 215.
Citizenship, negroes obtain right of, 209.
Civil affairs in Kentucky. 141-150.
Civil conflicts in Kentucky, 196-204.
Civil War, 151-204.
Clark, General George Rogers, expedition into
Illinois country, 33, 34; attack on Indian
towns, 40; reported attack on Shawnee
Indians, 42, 43; commander in attack
on Indians, 48; retires, 60; attack on
Wabash Indians, 65; accepts commission
as major general, 100.
Clark, James, declares Replevin Act uncon-
stitutional, 130; elected governor, 141.
Clark County citizens against Alien and Sedi-
tion laws, 106, 107.
Clarksville, gathering against Indians at, 64.
Clay, Brigadier General Green, commander
of Kentucky volunteers, 121.
Clay, Cassius M., leader of antislavery
movement, 154 ; abolition nominee for gov-
Clay, Cassius M., Jr., candidate for Demo-
cratic nomination for governor, 216.
Clay, Henry, opposes Alien and Sedition
laws, 107; counsel for Aaron Burr, in;
debate with Daveiss, 112 ; speech at George-
town, 118; his temporary disfavor in Ken-
tucky, 134, 135; his Compromise Bill or
Omnibus Bill, 135, 155. 156; elected to
U. S. Senate, 135 ; candidate for presidency,
136, 144; opposes annexation of Texas,
144 ; president of American Colonization So-
ciety, 152 ; his resignation from Senate, 157-
Clay, James B., delegate to Peace Conference,
165; arrest of, 178.
Clay, Lieutenant Colonel Henry, in Mexican
War, 14s ; killed at Buena Vista, 146.
Cleveland, Grover, his policy against free
Coal production of Kentucky, 224.
College of Electors, 89.
Columbus, Confederates at, 175; evacuated
by Confederates, 182.
Commerce, interference with American, 116.
Commissioners, elected by House of Repre-
Committee of sixty, confiscate The True
American, 154, 155.
Compromise, Crittenden's attempt at, 162,
163; Border States attempt at, 162, 163;
futility of efforts towards, 165.
Compromise or Omnibus Bill, Clay's, 134^
135. 155, 156.
Confederate Colonies' struggle for independ-
Confederate forces, in Kentucky, 173-175;
resolutions against, 175, 176; Kentuckians
join ranks of, 178; arrest of prominent
citizens, 178; abandon Kentucky, 193;
return to Kentucky, 205.
Confederate government of Kentucky, organ-
ized, 174, 180, 181.
Confederate line of possession, 181.
j Confederate States of America, government
framed, 165; Kentucky desires admission
j to, 173.
I Congress of Confederation of States, course in
regard to Indian troubles, 60, 64.
I Congress, proposes treaty with Spain, 70;
hears Kentucky's petition for admission,
73 ; considers adoption of new Federal
constitution, 73, 74; Kentuoky's applica-
tion referred to new, 75 ; Muter advises
j new appeal to, 77 ; Wilkinson's speech
I against, 78; delay in granting Kentucky
I its statehood, 82 ; passes Alien and Sedi-
tion laws, 105 ; act of denounced by Clay,
107; special session called, 170; favors
abolition, 186; adopts obnoxious military
; policy, 187 ; free wives of negro soldiers,
Connolly, Dr. John, orders survey of Louis-
ville, 15 ; British agent, 82, 83.
Conservative party, in temporary power,
134; called Conservative Union party,
159; opposed to laws against slavery, 167;
controls elections of 1863, 196; welcomes
the Confederates, 205 ; its downfall, 206.
Conservative Union conventions against Lin-
Conspiracies in Kentucky, First Spanish, 69-
81 ; British, 82, 83 ; French, 99, 100; Second
Spanish, loi ; Third Spanish, 105 ; Aaron
Constitution, Federal, adopted, 74 ; Thirteenth
I Amendment adopted, 203 ; Fourteenth and
I Fifteenth Amendments adopted, 209.
1 Constitution of Kentucky, first, 89; second,
108; third, 150; fourth, 216, 217; text of,
Constitutional convention, at Danville, 89;
of 1890, 214.
Continental Congress, 29.
Convention for independence, first, 61 ; sec-
! ond, 62; third, 62; fourth, 62, 65 ; fifth,
73; sixth, 75, 76; seventh, delegates to, 76;
seventh, meeting of, 77, 78 ; eighth, 83 ;
ninth, 83; tenth, 83, 89.
Convention for considering secession, pro-
posed, 163, 164.
Convention, for revising State constitution
called, 105 ; from the seceded States, at
Montgomery, 165 ; constitutional, in 1890,
Coomes, Mrs. William, opens school at Har-
Cornstalk, chief of Shawnee Indians, 16-18.
Cornwallis' surrender, 50.
Corporations, legal provisions for, 215.
Council of war in 181 2, 123.
Country party, in struggle for independence,
63 ; at time of Spanish conspiracy, 76 ; at
Fayette election, 77 ; claims in seventh
County of Kentucky, established, 29-39;
population in 1777, 32; division of the
County Unit Extension Bill, 222.
Court of appeals, 96; decision as to Replevin
Act, 130; judges attempt to remove, 131,
132; newly organized, 132 ; abolished, 134.
Court party, in struggle for independence, 63 ;
at time of Spanish conspiracy, 76 ; at Fay-
ette election, 77 ; claims in seventh conven-
tion, 78; further efiforts after separation,
Cowan, John, intercourse with Filson, 56.
Cowpens, battle of, 91.
Cox, Colonel, 121.
Cox, W. H., lieutenant governor, 221.
Caddock, J. J., nominee for register, 206.
Craig, John, trustee of Transylvania Univer-
Craig, Rev. Lewis, preaches in Kentucky,
Criminal code revised, 105.
Crisis in Kentucky history, 80.
Crittenden, General George B., defeated at
Mill Springs, 181.
Crittenden, Major General Thomas L., ap-
pointed commander of militia, 176; reen-
forces Federals, 192.
Crittenden, Major John J., his oratorical
influence, 124, 125; member Anti-Relief
party, 129; elected governor, 149; his
career, 149; leader of Whig party, 157;
type of Conservative Unionists, 159; offers
compromise propositions, 162 ; address on
Union standpoint, 165 ; leaves Senate, 165 ;
speech for neutrality, 166; Union delegate
to Congress, 170;- his influence in holding
Kentucky loyal, 170, 171 ; opposed to aboli-
Crockett, Colonel Joseph, delegate to seventh
convention, 77; obtains signatures against
illegal separation, 79.
Crow's Station (Danville), courthouse built
near, 52, 53; meeting of University trus-
tees at, 57.
Cumberland Gap, Confederate forces near,
Currency, its development in early days,
Currency question, an issue in Kentucky, 216 ;
Democrats divided on account of free
silver question, 217.
Cynthiana, conflict at, 189.
Daniel, Walker, attorney -general of Ken-
tucky District, 52 ; trustee of Transylvania
University, 57; killed by Indians, 52.
Danville, founding of, 53 ; one of Kentucky's
oldest towns, 55 ; meeting of military offi-
cers at, 60, 61 ; meeting of separation con-
ventions at, 61-63 ; navigation question dis-
cussed at, 71 ; political club founded at, 74 ;
sixth convention at, 75 ; tenth convention
"Dark and Bloody Ground," Kentucky's
Daveiss, Joseph- Hamilton, indicts Aaron
Burr, in; debate with Henry Clay, 112;
death at Tippecanoe, 115; county named
Davidge, Rezin H., associate justice, 132.
Davis, Garrett, appointed U. S. senator, 180;
opposed to abolition, 186; represents Ken-
tucky in U. S. Senate, 209.
Davis, Jefferson, born in Todd County, Ken-
tucky, 161 ; elected president of Confeder-
ate States of America, 165.
Dawson, J. A., elected register, 207.
De Quindre, Captain, at Boonesborough, 36.
De Soto's expedition to the Mississippi, 69.
Deboe, W. J., first Republican U. S. senator
from Kentucky, 218.
Declaration of Independence adopted, 29.
Defeat at Camden, Gates's, 90.
Democrat, published in Louisville, 159.
Democratic party, opposed to Federalists, 99;
strong in Kentucky, 108, 109 ; of 1798, 131 ;
Democratic Republican party merged into
143 ; its supremacy in Kentucky, 158 ; views
at time of secession, 163, 164; belief in
State Rights, 167 ; opposed to laws against
slavery, 167 ; convention against Lincoln,
202 ; in power after the war, 205-207 ; Con
servatives unite with, 206; Freedmen's
Bureau strengthens power, 209 ; majority re-
duced on account of negro vote, 210; its
continued power in Kentucky, 214, 216,
222 ; divided on currency question, 217, di-
vided on Goebel election law, 219; admin-
istrations of Governor Beckham, 220.
Democratic Republican party, rise and fall in
power, 135, 136; merged into Democratic
Democratic State convention at Frankfort,
206; at Louisville, 216.
Democratic Union party, in election of 1864,
Denman, Matthias, partner of Filson, 156.
Denominational colleges in Kentucky, 210.
Denton, Thomas, settles at Harrodsburg, 23.
Depression, financial, 127, 128, 143, 216.
Desha, General Joseph, at battle of the
Thames, 125 ; member of Relief party, 129;
elected governor, 131.
District of Columbia, slavery abolished in,
District of Kentucky, 50-58.
Dixon, Archibald, elected U. S. senator, 157.
Doctrine of nullification, anticipated in Ken-
Doctrine of State Rights, 107, 108.
Donelson, Fort, surrender of, 182.
Doniphan, Joseph, opens school at Boones-
Donne, Mrs. Martha, 54.
Douglas, James, surveyor in Kentucky, 15.
Dudley, Colonel, at Maumee, 121; defeated
by Proctor, 122.
Dudley, William A., appointed quartermas-
ter general, 179.
Duncan, Colonel Blanton, Confederate com-
Dunlap, George W., Union delegate to Con-
Dunmore, governor of Virginia, 16.
Durrett, Reuben T., author of Centenary of
Kentucky, 29, n. i ; author of Life of John
Filson, 55, n. i ; arrest of, 178 ; president of
Filson Club, 213, 214.
Duvall, Judge Alvin, nominee for reelection
Edmonson, county named after, 120.
Education in Kentucky, early, 38, 57; at
close of war, 210, 211; higher education,
Edwards, John, in seventh convention, 79;
elected U. S. senator, 96.
Edwards, Ninian, chief justice and governor
of Illinois, 113.
Eighth independence convention, 83.
Election, method of, 90; change in method,
Elkhom, first steamboat on the, 102.
Emancipation, see Abolition movement.
Emancipation Proclamation issued, 196.
Emancipation ticket, first. 157.
English, claims in Kentucky, 14; hostilitj'
to Kentuckians, 32 ; settle Jamestown, 69;
bitter feeling against. 98; anticipate war
with U. S., 114; at war with France, 116;
insults to American vessels, 116.
Episcopalians in Kentucky, 85.
Era of transition, 212-225.
Estill, Captain, defeat of, 42, 43.
Executive power vested in governor, 89;
changes in executive State department, 215.
Expedition against New Orleans, 99, 100.
Factories, establishment of, 127.
Fallen Timbers, battle of, 100.
Fayette County, established, 40; proposed
attack on, 43 ; part of Kentucky District,
51 ; election at, 77 ; Connolly's intrigue in,
83 ; one of original nine counties, 84.
Federal constitution, adoption of new, 73, 74.
Federal government, Wilkinson prejudices
Kentucky against, 70, 71 ; hears of French
conspiracy, 100; Kentucky's opposition to,
loi, 102; its powers, 151; Kentucky de-
clares for, 175.
Federalist party, opposed to Anti-Federalists,
99 ; opposed by Kentuckians, 102 ; in tem-
porary power, 102 ; opposed to Democrats,
109; Daveiss adheres to, iii; in 1798,
Federals, their forces in Kentucky, 173-175.
soldiers from Kentucky, 179, 194; antag-
onism to, 186, 187; as raiders, 198; at-
tempt to control elections, 200.
Ferguson, his army destroyed, 91.
Field, John, commander at Point Pleasant, 17.
Field, Lieutenant Colonel Ezekiel H., in
Mexican W^ar, 145.
"Fiery Cross, The," Scotch symbol, 46, n. i.
Fifteenth Amendment ratified, 209.
Fifth independence convention, 73.
Fillmore's cabinet, 149.
Filson, John, author of first history of Ken-
Filson Club, started, 215; its publications,
21, n. 2, 29, n. I, 74, n. i, 213.
Financial depression, 127, 128, 143, 216.
Financial prosperity, 128, 208, 211.
Fincastle County, Kentucky a part of, 29.
Findley, John, pioneer in Kentucky, 12.
Finnel, John W., appointed adjutant general,
First constitutional convention, 107.
First governor of Kentucky, 90-92.
First independence convention, 61.
First invasion of Kentucky, 173-185.
First newspaper in Kentucky, 72.
First organized church in Kentucky, 84.
Fisk, John F.. elected to Senate, 189.
Fitch, John, inventor of steamboat, 84, 103.
Fleming, William, commander at Point Pleas-
ant, 17; commissioner at Logan's fort,
Florida, discovered by Ponce de Leon, 69;
Floyd, John, surveyor in Kentucky, 14. 15;
member of first Harrodsburg court, 29, 30 ;
appointed colonel, 40; rescued by Wells,
41, 42; attack on Indians, 48; elected
judge, 51 ; killed by Indians, 52.
Floyd, General John E., Confederate com-
Fort Donelson, surrender of, 182.
Fort Greenville, built, 97.
Fort Henry, surrender of, 182.
Fort Meigs, siege of, 121.
Fort Recovery, General Wayne at, 100.
Fort Stanwix, treaty of, 14.
Fort Sumter, first gun fired at, 165.
Founding of the Commonwealth, 93-150.
Fourteenth Amendment ratified, 209.
Fourth independence convention, 62, 65.
Frankfort, made capital of Kentucky, 96, 97 ;
constitutional convention at, 108; heroes
of Buena Vista buried at, 148; Democratic
State convention at, 206.
Frazer, Oliver, pupil of Jouett, 138.
Free silver, adherents and opponents to doc-
trine of , 216, 217.
Free students in State University, how ap-
Freedmen's Bureau, established, 208; opposi-
tion to, 209.
French, claims in Kentucky, 14, 32; attack
Boones borough, 35, 36; their religious per-
secutions, 69 ; declare war againsc England,
Spain, and Holland, 98 ; conspiracy in Ken-
tucky, 99; war with England, 116.
French and Indian War, 14, 32.
French Revolution, its horrors unknown in
Kentucky, 99 ; revulsion of feeling in regard
Frenchtown, battles of, 118, 119, 120.
Friends of Humanity, Christian Association,
Fry, Colonel Speed Smith, Federal com-
Fry, Major Cary H., in Mexican War, 145.
Gaines, Major John P., in Mexican War, 145.
Gardoqui, Spanish minister, rejects Jay's
proposition, 70; Brown's interview with,
Garrard, Colonel J. J., commander of Federal
Garrard County, Federal forces in, 174.
Garrard, James, second governor of Kentucky,
105 ; elected governor, 109.
Gates's defeat at Camden, 90.
General Assembly in Kentucky government,
89 ; grants school suffrage -to women, 211.
Genet, Citizen, minister of France, 99; re-
called to France, 100.
Geological survey established, 211.
Georgetown, incorporation of, 23 ; Democratic
Club at, 99 ; Kentucky forces assembled at,
Georgia secedes, 162.
Girty, Simon, the "White Renegade," 45.
Gist, Christopher, pioneer in Kentucky, 12.
Glasgow, General Bragg at, 191.
Goebel, William, State senator, 218; nomi-
nated for governor, 218; assassinated, 219;
Gold, paper currency substituted for, 128.
Gold standard, in Kentucky politics, 216,
Government, of Kentucky, 89, 90, 93-104;
of Confederate States of America, 165 ; Con-
federate, established in Kentucky, 180, 181.
Governor, executive power in Kentucky, 89;
method of election, 89; change in method
of election, 108, 109.
Grant, General U. S., orders troops into
Kentucky, 175; captures Forts Henry and
Donelson, 182 ; gains victory at Shiloh,
184; Lee's surrender to, 203.
Graves, Benjamin, 119; county named after,
Green, Lewis W., president of Center College,
Green, Thomas Marshall, author of The
Spanish Conspiracy, 72.
Green, Willis, trustee of Transylvania Uni-
Greenup, Christopher, his intercourse with
Filson, 56; trustee of Transylvania Uni-
versity, 57; elected governor, 113; ex-
governor, 118. '
Greenville, one of Kentucky's oldest towns,
Greenville, Fort, built, 197.
Grider, Henry, Union delegate to Congress,
Grundy, Felix, appointed chief justice, 113.
Guerrillas, depredations of, 187, 188, 198,
Guthrie, James, statesman, 159; delegate to
Peace Conference, 165 ; lawyer, 201 ; leader
in Conservative Union convention, 202.
Haggin, James, associate justice, 132.
Hamilton, Alexander, killed by Aaron Burr,
Hanson, Roger W., leader of Confederates,
"Hard Winter" of Kentucky, 38.
Hardee, Major General William J., Con-
federate commander, 192.
Hardin, Colonel John, commander Kentucky
Volunteers, 87 ; murdered by Indians, 97.
Hardin, Major Martin D., 119.
Hardin, P. W., advocates free silver, 216;
candidate for governor, 216.
Harding, Aaron, Union delegate to Congress,
170; opposed to abolition, 186; speech
against negro recruiting, 198.
Harlan, John M., Conservative nominee for
attorney -general, 206; joins Republicans,
207 ; Republican candidate for governor,
Harlan, Major, at Blue Licks, 46, 47.
Harmar, General, commands expedition
against Indians, 86, 87 ; defeated, 87.
Harney, B. M., Conservative nominee for
superintendent of public instruction, 206.
Harney, John H., editor of Louisville Demo-
Harrison County officers arrested, 178.
Harrison, General William H., at battle of
Tippecanoe, 114; appointed commander of
Kentucky militia, 118; appointed com-
mander of army of the Northwest, 118;
orders embarkation for Canada, 123.
Harrod, James, settles in Kentuckj^ 16, 19;
his intercourse with Filson, 56.
Harrodsburg, founding of, 16; permanently
settled, 19; delegates from, 21; made
county seat, 29; Indian attack on, 30;
school opened at, 38; opening of court at,
52, 53; one of earliest towns, 55; Gen-
eral Smith's corps at, 192.
Hart, Captain Nathaniel, purchases Cherokee
Hart, Joel T., sculptor, 138, 139.
Hart, Nathan G. T., commander of Lexing-
ton Light Artillery, 118; county named
Hart Memorial Association, 139, n. i.
Hawes, Richard, inaugurated provisional
governor of Kentucky, 191.
Helm, Ben Hardin, leader of Confederates, 179.
Helm, John L., inaugurated governor, 149;
elected governor, 207; death of, 207.
Henderson, Colonel Richard, head of Hender-
son & Co., 20.
Henderson, Samuel, married to Betsy Calla-
Henry, Fort, surrender of, 182.
Hickman, Captain, killed at Blue Licks, 120;
county named after, 120.
Hickman, Confederates at, 175.
Hickman, Rev. William, preacher in Ken'
Hogan, Richard, settle? at Harrodsburg. 23.
Holly, Dr. Horace, president of Transylvania
Home Guards, funds raised for, 169, 170;
Federals, 177; their lack of discipline, 178.
"Home of the Silent Brotherhood" founded,
Hopewell, last town of colonial period, 84.
House of Representatives in Kentucky gov-
House resolutions, sj-nopsis of, 168, n. i.
Houston's Station, now Hopewell, 84.
Huguenots persecuted in France, 69.
Hull, General, surrender to British, 118.
Hunt, Charlton W., calms riot, 132, 133.
Hunter, W. Godfrey, Republican caucus
nominee for U. S. senator, 217.
Hurt, J. S., Conservative nominee for au-
Immigration to Kentucky, 9, 51.
Inauguration ceremonies for first governor of
Independence of Kentucky, see Separation.
Indians, in Kentucky, 10, ir; hostilities, 13,
14, 16-18, 21, 30-39. 40. 41. 59. 60, 63, 64,
85-89, 97, 114, 115; claims in Kentucky,
14, 32; titles sold, 19, 20; besiege Boones-
borough, 35, 36; at Bryan's Station and
Blue Licks, 43, 48; killed by Kentuckians,
66, 67 ; complaint against Kentuckians, 67 ;
Wilkinson's speech on, 78; troubles ended
temporarily, 102; massacre at Raisin, 120;
their cruelties, 122.
Indian troubles, a political issue, 98.
Industrial progress, since 1880, 223.
Innes, Hary, attorney-general, 62, 67 ; mem-
ber Board of War, 87 ; U. S. district judge,
Invasion of Kentucky, first, 173-185 ; second,
Inventors in Kentucky, 84, 103, 137.
Ivy Mountain, battle of, 180.
Jackson, General Andrew, at New Orleans,
126; candidate for presidency, 134, 135;
President, 136; second term, 142, 143.
Jackson, James S., Union delegate to Con-
Jacob, Colonel Richard T., joins Union party,
168; offers synopsis of House resolutions,
168, n. I ; chosen lieutenant governor, 196;
Jacobin clubs of France, 99.
James, Ollie M., senator, 222.
Jamestown settled by the English, 69.
Jay, John, proposes treaty with Spain, 70;
secures treaty with Great Britain, 100.
Jefferson County, established, 40, 84; be-
comes part of Kentucky District, 51.
Jefferson, Thomas, Breckinridge a member of
his cabinet, 99; drafts Kentucky Resolu-
tions, 107 ; elected President, 109.
Johnson, Colonel James, raises company, 118.
Johnson, Colonel Ricluird M., raises com-
pany, 118; in the Canada campaign, 124;
kills Tecumseh, 125.
Johnson, George W., Confederate leader, 179;
elected governor, 180; killed at Shiloh, 191.
Johnson, Madison C, lawyer, 201.
Johnson, Robert, trustee of Transylvania
Johnston, General Albert Sidney, commands
western Confederate forces, 177; at Mur-
freesboro, 183 ; killed at Shiloh, 184.
Jouett, Matthew Harris, portrait painter, 138.
Journal, published at Louisville. 159. .
Judges of court of appeals, how appointed,
90; attempt to remove, 131, 132.
Judicial power, 89, go.
Judicial State department, changes in, 214.
Judiciary, elective by people, 150.
Kanawha River, battle near, 16-18.
Kaskaskia, French village, 32.
Kennedy, William, intercourse with Filson, 56.
Kenton, Simon, pioneer in Kentucky, 16;
Indian scout, 24, 26.
Kcntucke Gazette, first newspaper in Ken-
tucky, 72; Muter's address in, 76; Brad-
ford, editor of, 94.
Kentucky, by Professor N. S. Shaler, 92; n. i.
Kentucky, derivation of name, 29, n. i ; pio-
neer days, 9-49; first white men in, 9-18;
early settlements, 19, 28; the county, 29-
39 ; division of county, 40-49 ; struggle for
independence, 50, 92 ; Kentucky District,
50-58 ; beginning of struggle, 59-68 ; Span-
ish conspiracy, 69-81 ; end of struggle, 82-
92 ; founding of the Commonwealth, 93-
150; organizing of State government,
93-104; political situation from 1796, 105-
115; War of 1812, 116-126; local afifairs,
127-140; civil affairs and Mexican War,
141-150; Civil War, 151-204; situation
during Civil War, 1 51-172; invasions dur-
ing Civil War, 173-195 ; civil conflicts, 196-
204; the new Kentucky, 205-225 ; restora-
tion of peace, 205-211 ; transition era, 212-
225; constitution of Kentucky, 227-272.
Kentucky Insurance Company, chartered,
Kentucky Resolutions of 1798, by E. D.
.Warfield, 107 and n. i.
Kentucky University, State College a part of,
212 ; change of name, 212.
King's Mountain, battle of, 87, 91.
Kinkead, George Blackburn, lawyer, 201.
Kinkead, Judge W. B., member of Opposi-
tion i>arty, 159; his article on J. J. Crit-
tenden, 171; Conservative nominee for
governor, 206; chairman of executive
board of State College, 212.
Knott, J. Proctor, elected governor, 213.
Know-Nothing party, 157, 158.
Knox, Colonel James, pioneer in Kentucky, 14.
Kuklux or Regulators, 209, 210.
La Salle, French pioneer and explorer, in
Kentucky, 12, 32.
Lafayette, Marquis de, Kentucky's reception
Land laws passed in Virginia, 37.
Landrum, Colonel John J., defeated at Cynthi-
Lee family, surveyors in Kentucky, 15.
Lee, General Robert E., surrenders to Grant,
Leestown, one of oldest towns in Kentucky, 55.
Legislative office closed to ministers, 90.
Legislative power, vested in General Assem-
bly, 89, 90; its limitations, 90.
Legislative State department, changes in, 217.
Legislature, selects Frankfort as permanent
capital, 96; its money-raiding power abol-
ished, 150; its powers, 164; opposed to
State convention, 164, 165 ; in favor of
neutrality, 167, 168; condemns action of
Home Guard, 178; pardons all Confeder-
Leslie, Preston H., elected governor, 210;
appoints Shaler chief of geological survey,
Letcher, Robert P., elected governor, 143. .
Lewis, Colonel Charles, commander at Point
Lewis, Colonel William, commands militia,
117; wounded at Frenchtown, 119.
Lewis, General Andrew, commander at Point
Pleasant, 16, 17.
Lexington, founded in 1779, 37 ; largest town
in old Kentucky, 55 ; Transylvania Uni-
versity established at, 58; Wilkinson's dis-
play at, 71, 72; first capital of Kentucky,
93; first inauguration ceremonies held at,
93-95; Democratic Club, at 99; Burr in,
in; furnishes militia, 117 ; manufactories
in, 128; U. S. bank established at, 134;
Lyceum established at. 137 ; abolition news-
paper issued at, 154; Confederates at, 190;
Bragg's march to, 191 ; centenary celebra-
tion at, 215.
Le.xington, battle of, 37.
Lexington Light Artillery, 118.
Lexington Light Infantry, 94.
Lexington Observer and Reporter. 159.
Licking River, settlements invaded, 39;
crossed at battle of Blue Licks, 46, 47, 48.
Lieutenant governor, office created in Ken- ]
tucky, 109. I
Life and Writings of C. S. Rafinesque, by
R. E. Call, 137, n. i.
Life of John Filson, by R. T. Durrett, SS, :
n. I. 1
Limestone, immigration to, 54. j
Lincoln, Abraham, bom in Larue County, '
Kentucky, 161; elected President, 162;'
inaugurated, 165 ; issues Emancipation
Proclamation, 196; calls for volunteers,
197 ; reelected, 202 ; his assassination, ]
Lincoln County, established, 40, 84; Indian
attack in, 66.
Lindsay, William J., U. S. senator, 218.
Lindseys, founders of Lexington, 37.
Little Turtle. Indian chief, 97.
Local affairs in Kentucky, 127, 149.
Local Board of War, 87.
Local option in Kentucky, 222.
Logan, Benjamin, settles in Kentucky, 19,
member of first Harrodsburg court, 29, 30;
rescues his companion, 31, 32: appointed
colonel, 40; at Blue Licks, 46, 48; com-
mander at Bryan's Station, 48; calls offi-
cers' meeting, 60; attack on Shawnee
Indians, 65 ; commander in Lincoln County,
66 ; member of Board of War, 87.
Logan's fort, Indian attack on, 30 ; land com-
missioners meet at, 37.
Logan's Station, delegates from, 21, 22.
"Long Hunters, The," pioneers in Ken-
tucky, 13, 14.
Losantiville, founding of, 56.
Louisiana, purchased from the French, 109;
Louisville, founded, 33, 34; its social life,
54, 55 ; Connolly's intrigue in, 82, 83 ; Burr
in. III ; its manufactories, 128; U. S. bank
established at, 134 ; Federal army organized
at, 181; legislature adjourns to, 190;
proposed capture of, 190; Buellin, 191; Fil-
son Club started in, 213 ; Democratic State
convention at, 216.
Louis\'ille Courier, 178.
Louisville Democrat, 159.
Louisville Falls, immigration to, by flatboat,
Louisville Journal, 159.
Louisville legion, resolutions in honor of,
passed by legislature, 146.
Lyceum, established in Lexington, 137.
Lyne, Edmond, commissioner at Logan's
Lyon, Colonel H. B., Kentucky Confederate
McAfee family, surveyors of Kentucky, 15,
16; settle on Salt River, 19.
Mc.\fee, General Robert B., elected lieu-
tenant governor, 131.
McBride, pioneer in Kentucky, 12.
McClellan, General George B., factions in
favor of, 202; receives majority in Ken-
McClellan, John, settles in Kentucky, 23.
McClellan 's Station, founded, 23.
McConnels, founders of Lexington, 37.
McCook, Major General Alexander, Federal
commander at Perryville, 192.
McCreary, James B., elected governor, 213,
221; elected U. S. senator, 218; again
elected governor, 222.
McDermott, E. J., lieutenant governor, 222.
McDowell, Samuel, judge of Kentucky Dis-
trict, 51, 52; trustee of Transylvania Uni-
versity, 47 ; president of convention for
independence, 61, 62; president of sixth
McGary, Hugh, settles at Harrodsburg, 23.
McGary, Major, at Blue Licks, 46, 47.
McHenry, Colonel John H., Federal, 182.
McKee and Caldwell's army, 42, 43.
McKee, Colonel William R., in Mexican
War, 145 ; killed at Buena Vista, 146.
McKinley, William, elected President, 217.
"Mad Anthony," General Wayne's nickname,
" Mad River," burning of Indian towns on, 65.
Madison County, 84.
Madison, George, at Frenchtown, 119; death
Magoffin, Beriah, elected governor, 158; his
message to the legislature, 163 ; refuses to
furnish troops. 166 ; in sympathy with Con-
federates, 175 ; resigns, 189.
Magruder, Captain Billy, leader of guerrillas,
Mallory, Robert, Union delegate to Congress,
Manassas Junction, battle near, 174.
Manson, General, attack on Confederates, 190.
Marshall, Colonel Thomas, surveyor for
Fayette County, 40; delegate to seventh
convention, 77; action in seventh conven-
tion, 79; opposes British intrigue, 83.
Marshall, Humphrey, candidate for delegate
to fourth convention, 63 ; votes for Federal
constitution, 74; elected U. S. senator,
Marshall, Col. Humphrey, in Mexican War,
145; leader of Confederates, 174, 179.
Marshall. John, presents petition to Virginia
Marshall. John, lieutenant governor, 219
Marshall, Thomas A., lawyer, 201.
Marshall, Thomas F., orator and scholar, 142.
Marshall, Thomas, brigadier general, 145.
Martial law, Kentucky placed under, 187 ;
prior to election of 1863, 197.
Martin's and Ruddle's stations captured, 39.
Mason County, 84.
Masterson, James, pioneer of Kentucky, 37.
Matthews, George, at battle of Point Pleasant,
Maumee River, Kentucky troops at, 118;
siege in, 121.
May, George, surveyor for Jefferson County,
May, John, clerk of Kentucky District, 52;
killed by Indians, 52.
Maysville, formerly Limestone, 54.
Mechanical and Agricultural College estab-
lished in Kentucky, 212.
Mediatorial neutrality, Kentucky maintains,
167, 168; meaning of , 168, 175, n. i.
Meigs, Fort, siege of, 121.
Menefee, Richard H., his career, 141. 142.
Menendez establishes first Spanish colony, 69.
Menzies, John W., Union delegate to Con-
Mercer County, Kentucky, selected for settle-
ment, 16, 84.
Metcalf, Henry, chief of guerrilla raiders, 199.
Metcalf, Thomas, elected governor, 135.
Methodist revival, 112, 113.
Methodists in Kentucky, 85.
Mexican War, 141-150; Kentucky troops in,
Mexico, proposed conquest of, no; war de-
clared with, 145 ; capture of City of, 147 ;
surrenders territory to United States, 147.
Miami Indians, expedition against, 60, 87, 88.
Miami, battle on the, 100.
Miami towns, burning of, 48.
Military and land interests in early Kentucky,
Military oppression. 198-200.
Military policy adopted by Congress, 187.
Military posts in the Northwest. 59.
Militia, demanded by the President, 117.
Mill Springs, battle of. 181.
Mills, Benjamin, associate justice, 130.
Mineral wealth of Kentucky, 211, 223.
Miro, Spanish governor of New Orleans, 71.
Mississippi River, De Soto's exploration of,
69; Spanish possessions on, 69, 70; Ameri-
cans desire to navigate, 70; its importance
to Kentucky, 71; Kentucky's valuation
of navigation of, 75 ; British plan to gain its
navigation, 83; its navigation a political
issue, 98; resolution of Lexington Club in
regard to, 99; granted to U. S. by treaty
with Spain, loi ; thrown open to Ken-
Mississippi secedes, 162.
Missouri Compromise Bill, 134, 135.
Mob law in Kentucky, 210.
Monetary issue, in State election, 216; in
national election, 217.
Monroe, Thomas B., superseded by Ballard,
Monterey, battle of, 146.
Montgomery, convention of seceded States at,
Morehead, Charles S., elected governor, 158;
delegate to Peace Conference, 165 ; arrest
Morgan, John Hunt, leaves State Guard,
177; Confederate raider, 188, 189, 193.
Morrisons, pioneers in Kentucky, 37.
Mound Builders, 9, 10.
Mount Sterling, fight near, 42.
Murray, William, opposes Kentucky Resolu-
tions of 17 g8, 108.
Muter, George, judge of Kentucky District,
51, 52; chief justice, 62; address to the
people, 76 ; delegate to seventh convention,
77; judge in court of appeals, 96; resigns
from office, 113.
Nashville, Federal troops take possession of,
183; General Bragg at, 191.
Natchez, Spanish negotiations at, loi.
National administration, opposed to free sil-
National convention, Kentucky delegates to,
National politics in 1896, 217.
National Republican party, its rise and fall,
135, 136; merged into Whig party, 141.
Navigation question discussed in Kentucky,
Negroes, recruited in Kentucky, 197 ; vote for
first time. 210.
Nelson County, 84.
Nelson, General William, Federal com-
mander, 174, 180; commands Richmond
Neutrality, position of Kentucky, 161-172;
still maintained, 174; abandoned, 175, 176.
New court of appeals, organized, 132; abol-
New Court party, founded, 134; controversy
with Old Court party, 149.
New Kentucky. The, 205-225.
New Orleans. Wilkinson's trading expedition
to, 71; proposed expedition against, 99,
loo ; Spanish negotiations at, loi ; becomes I
an American possession, no; battle of,
Newport, Kentucky volunteers at, 122. |
Newspaper, first in Kentucky, 72. [
Nicholas, George, attorney -general, 95. I
Nicholas, Samuel Smith, lawyer, 201. ]
Ninth independence convention, 83.
Normal Schools, 212, 224.
North and South, difference in point of view,
151, 152; growth of enmity between, 162,
Northern Bank of Kentucky, established,
Northwest, end of war in the, 125.
Nullification, doctrine of, 107.
O'Hara, Kane, 148.
O'Hara, Theodore, soldier and poet, 148.
O'Hara and His Elegies, by George W.
Ranck, 148, n. i.
Observer and Reporter, Lexington, 159.
Official changes, important, 189.
Ohio Land Company in Kentucky, 12.
Ohio River, bounty lands granted on, 14; its
importance to Kentucky, 71.
Old Court party, founded, 134; controversy
with New Court party, 149.
"Old Wisdom," John Bradford known as, 94.
Oldham, Colonel William, expedition against
Omnibus Bill, Clay's, 156.
Opposition, to Lincoln in Kentucky, 196;
to negro recruiting in Kentucky, 198.
Opposition party, 159.
Ormsby, Colonel, in Mexican War, 145.
Owen, Colonel Abraham, his death at Tippe-
Owen County, named after Colonel Owen,
lis; Confederate forces in, 174.
Owsley, Judge William, elected governor, 144.
Paducah, Federal forces at, 175; Confederate
sentiment in, 177.
Paine, Brigadier General E. A., his oppressive
military rule, 199, 200; deposed, 202.
Pakenham, General Sir Edward, commander
at New Orleans, 126.
Palmer, General John M., 202, 217.
Panic, of 1873, 211; of 1892, 216.
Paper currency, and its effects, 128; abun-
dance of, 143.
Paris, name of Houston's Station changed to,
84; Democratic Club in, 99.
Parliament of Hoonesborough, 22.
Parraud's translation of Filson's History, 57.
Party names, change of, 134, 135.
P.itterson, Colonel Robert, settles at McClel-
lan's Station, 23 ; a founder of Lexington,
37 ; partner of Filson, 56.
Patterson, James K., president of State Col-
Payne, Brigadier General John, commander
at Georgetown, 118.
Paynter, Thomas H., U. S. senator, 218.
Peace Conference at Washington, 165.
Peace, restoration of, 205-211.
Penitentiary, Governor Blackburn's humane
changes in, 213.
Perry, Commodore, his victory on Lake Erie,
Perryville battle of, 192.
Petitions to Virginia Assembly, 61, 65, 66; to
the people, 61 ; of seventh convention, 79;
against the Indians, 85.
Philadelphia, gift for Kentucky's centenary,
Pierce, Franklin, elected President, 157.
Pilgrims settle Plymouth, 69.
Pillow, General Gideon J., Confederate com-
Pioneer days, 9-49.
Pioneer women of Kentucky, 23-27.
Pisgah, Kentucky Academy established at,
Pittsburgh Landing, Grant encamps at, 183.
Planetarium, Barlow's, 137.
Plymouth, settled by Pilgrims, 69.
Point Pleasant, battle of, 16-18, 19; victory
of, 87 ; Colonel Shelby at battle of, 90.
Political Beginnings of Kentucky, The, by
J. M. Brown, 73, n. i.
Political Club, founded at Danville, 74.
Political Club, The, by Thomas Speed, 74,
Political, issues in i793. 98 ; situation in Ken-
tucky, 105, 115; conflict in Kentucky, 127;
contests of 1844, 143, 144; situation in 1864,
201, 202; situation from 1875, 213-225.
Politics, national, 217.
Polk, General Leonidas, invades Kentucky,
174. 175; offers conditional withdrawal,
Polk, James K., elected President, 144.
Ponce de Leon discovers Florida, 69.
Pope, John, offers amendment to Kentucky
Pope, William, appointed lieutenant colonel,
Population of Kentucky County, ^2; of Ken-
tucky in 1850, 152.
Populist ticket, 216, 218.
Populists in legislature of 1896, 217.
i Powell, Lazarus W.. Democratic nominee for
I governor, 149; elected governor, 157.
Powell's Valley, exploration of, 12, 16.
Power, Thomas, agent in Spanish conspira-
cies, loi, 105.
Prentice, George D., editor of Louisville
Presbyterians, in Kentucky, 84; Center Col-
lege established by, 210.
Preston, Colonel William, surveyor, 14.
Preston, William, Confederate leader, 179;
delegate to Virginia, 181.
Primary law, 222.
Proclamation, of neutrality in Kentucky, 169 ;
of emancipation, 196.
Proctor, General, at Frenchtown, 119; at
Fort Meigs, 121; pursuit of his army,
123; encamped at Moravian Towns, 125.
Prohibition movement in Kentucky, 223.
Prohibition, 214, 216, 218, 223.
Prophet, Indian chief, 114.
Proslavery movement in Kentucky, 155.
Prosperity, financial, 128, 208, 211.
Provost marshals appointed, 187.
Public education in Kentucky, 212.
Public school system reformed, 210, 211.
Publications of the Filson Club, 21, n. 2,
29, n. I, 74, n. I, 213.
Pulaski County, battle in, 181.
Radical or Republican party, 206.
Radical Union convention, 201, 202.
Radical Union party, 196, 200.
Rafinesque, Professor C. S., of Transylvania
Raisin, Indian massacre at, 120.
Ranck, George W., author of The Traveling
Church, 84, n. i ; author of O'Hara and
His Elegies, 148, n. i.
Recapitulations, 18, 28, 39, 48, 58, 67. 80, 92,
103, 115, 126, 139, 150, 159, 171, 184, 194,
Recovery, Fort, General Wayne at, 100.
Recruits, Lincoln demands 197 ; opposition to
Red River, pioneer encampment on, 13.
Reform, in public school system, 210, 211,
212; in legislation, 215.
Regulators or Kuklux, 209, 210.
Relief measures, after War of 181 2, 129;
attempt to revive, 143.
Relief party organized, 129; its temporary
power, 131; becomes New Court party,
Religious denominations in Kentucky, 84, 85.
Repeal bill of court of appeals, 132.
Repeal of Alien and Sedition laws, 109; of
Replevin law, 134.
Replevin law, passed, 129; declared uncon-
stitutional, 130; repealed, 134; decision
Representatives, length of term and how
chosen, 89, 230.
Republican party, opposed to Anti-Federal-
ists, 99; strong in Kentucky, 108; Con-
servatives unite with, 206; Freedmen's
Bureau arouses opposition to, 209; in na-
tional power, 214; their ticket in 1887, 214;
their victory in 1895, electing first Re-
publican State ticket, 216 ; elect Deboe U. S
senator, 218 ; disputed election of 1899, 219 ;
their victories in 1907 and 1908, 220, 221.
Resolutions, of 1798, 107; of General Assem-
bly, 175, 176.
Revival, religious, 112.
Revolutionary War, English strongholds dur-
ing, 32; sentiment in Kentucky, 37.
Reynolds, Aaron, his speech at Bryan's
Rice, David, chairman of Transylvania Uni-
versity board, 57.
Richmond, Burr's trial at, 112; Confederate
government organized at, 174; battle of,
Riflemen, gathering of, 46.
Robertson, George, member of Anti-Relief
party, 129; judge in court of appeals, 201 ;
his career, 201.
Robinson, Camp Dick, Federal regiments in,
Robinson, James F., becomes acting gov-
Rodman, John, elected attorney -general, 207.
Rome, N. Y., formerly Fort Stanwix, 14.
Roosevelt, Theodore, author of St. Clair's
Rousseau, Lovell H., Unionist, 169.
Rowan, John, member of Relief party, 129.
Ruddle's and Martin's stations captured, 39.
Russell, Captain, at Point Pleasant, 17.
Russellville, Confederate delegates, at, i8o.
Saint Asaph's, Saint Augustine, etc., see " St."
Salt River selected for settlement, 16, 19.
School system, 210, 211, 212, 213.
Schools in Kentucky, first, 38, 39, 57.
Schools, Normal, 212, 224.
Scientific and artistic life in Kentucky, 137,
Scotch-Irish race in Kentucky, 17, 26.
Scott, General Charles, member of Board of
War, 87 ; his expedition against Indians, 88 ;
commands Kentucky militia, 96; at Fort
Recovery, 100; elected governor, 114;
appoints Harrison commander of Ken-
tucky militia, 118.
Scott, J. M., commander of militia, 117.
Sebastian, Benjamin, his treachery to Ken-
tucky, 76; receives pension, 80; judge in
court of appeals, 96; agent in Spanish con-
spiracies, loi, 105; his treachery exposed,
lor ; trial of, 113.
Secession of Southern States, 162, 163.
Second constitutional convention, 108, 109.
Second independence convention, 62.
Second invasion of Kentucky, 186, 195.
Second Spanish conspiracy, loi.
Self-protection, right granted Kentucky, 64.
Senators, State, election, length of term, etc.,
Separation of Kentucky from Virginia, first
conventions for, 61, 62 ; first act of separa-
tion, 62, 63; self-protection authorized, 63,
64; postponement of separation, 65-67;
action in regard to Spanish conspiracy,
69-71 ; further conventions, 73 ; delay in
presenting applications, 73-76; people's
patience and prudence, 76, 77; opposing
sentiments in regard to Virginia's course
77, 78; turning point in contest, 79; loyalty
of Kentucky, 80 ; further delay in Congress,
82, 83, 84; last convention, 89; Kentucky
becomes an independent State, 89 ; the new
Settlements in Kentucky, earlj', 19, 27.
Seventh independence convention, 76, 77, 78.
Shackleford, Colonel James N., Kentucky
Federal leader, 182.
Shaler, Nathaniel Southgate, author of Ken-
tucky, 92, n. i; chief of geological survey,
Shawnee Indians in Kentucky, 16-18; yield
Kentucky to the English, 19; rumored
march against, 43 ; proposed attack against,
Sheaf of Wheat inn, Governor Shelby's stay
Shelby, Captain Evan, at battle of Point
Shelby, Colonel Isaac, trustee of Transyl-
vania University, 57; member of Board of
War, 87 ; elected first governor of Ken-
tucky, 90 ; account of, 90-92 ; his journey
to Lexington, 93, 94; his inauguration, 94,
95 ; his address to the two houses, 95 ;
drafts 1000 militiamen, 97 ; his position at
time of French conspiracy, 100 ; at battle of
Point Pleasant, 117; governor, 118; re-
elected governor, 120, 121; at Newport, 122.
Shiloh, battle of, 183, 184.
Siege of Boonesborough, 35, 36.
Silver, paper currency substituted for, 128;
contest over free, 216, 217.
Simms, William E., Kentucky delegate to
Sisters of Loretto, convent of. 84.
Six Nations, Kentucky purchased from, 14, 19.
Sixth independence convention at Danville,
Skins used as currency, 128.
Slaughter, Gabriel, becomes governor, 127.
Slavery, prohibited in Kentucky, 90; Clay
opposed to, 107 ; provisions for its continu-
ation, 150; in revised constitution of Ken-
tucky, 150, 152; as cause of Civil War,
151; in the South and in Kentucky, 151,
152; opposition to its abolition in Ken-
tucky, 152, 153; question affected by an-
nexation of Te.xas, 156; war necessary for
its abolition, 173; abolished in District of
Columbia, 186; property rights not to be
interfered with, 186; Emancipation Procla-
mation issued, 196; Thirteenth Amend-
ment, 203 ; Freedmen's Bureau, 208, 209 ;
negroes obtain right of suffrage, 209.
Slaves, characteristics of, 153, 154.
Smith, D. Howard, elected auditor, 207.
Smith, General E. Kirby, invades Kentucky,
190, 191 ; at Harrodsburg, 192.
Smith, General Green Clay, pursues Morgan,
Smith, Z. F., superintendent of public instruc-
Social life in Kentucky in 1825, 136, 137.
South Carolina secedes, 162.
Southern point of view, how different from
Northern, 151, 152.
1 Southern Rights convention against Lincoln,
"Southern Rights" element in legislature,
Southern States, slavery in, 151; secession
Southern territory of United States, its extent,
Spain, purposed alliance with, 78, loi ; ani-
mosity towards, 98; Le.xington Club de-
mands right of Mississippi from, 99 ; treaty
with United States, loi ; cedes Louisiana
to French, 109.
Spanish colony of St. Augustine founded, 69;
possessions in America, 69, 70; conspiracy,
first, 69-81 ; conspiracy, second, loi ; con-
spiracy, third, 105; silver dollars as cur-
Spanish Conspiracy, The, by T. M. Green,* 71.
Specie payment suspended, 143.
Speculation, bad results of, 143.
Speed, James, trustee of Transylvania Uni-
1 versity, 57.
Speed, James, votes for the Union, 169; an
able lawyer, 201 ; joins Republicans, 207.
Speed, Thomas, author of Tlic Wilderness
Road, 21, n. i; author of The Political
Club, 24, n. I.
Spottsylvania County, Va., emigration from,
St. Asaph's Station, delegates from, 21, 22.
St. Augustine, Spanish colony, 69.
St. Clair, General Arthur, appointed com-
mander in chief of army of Northwest, 87 ;
Kentucky opposed to, 88; defeated at
Wabash River, 89; retires from command,
St. Clair's Defeat, by Theodore Roosevelt,
88, n. I.
Stanwix, Fort, treaty of, 14.
State banks, rise of, 143.
State College of Kentucky, 212.
State constitution, revision of, 108, 109, 150,
State Guards, 169, 176, 177.
State militia, in conflict with legislature in
State penitentiary, Blackburn's humane
changes in, 213.
State Rights, doctrine of, 107, 108, 151, 155.
State University, 212, 213, 224.
Statutory courts abolished, 215.
Steamboat invented, 102, 103.
Stephens, Alexander H., author of War be-
tween the States, 151, n. i.
Stevenson, John W., elected lieutenant gov-
ernor, 207; appointed governor, 207, 208;
elected to U. S. Senate, 210.
Stewart, James, at battle of Point Pleasant, 17.
Stewart, John, captured by Indians, 13.
Stoner, Michael, guide to surveyors in Ken-
Stricken Heart, Convent of, 84.
Struggle for independence, in Kentucky,
50-92 ; beginning of, 59-68 ; end of,
"Sue Munday," chief of guerrilla raiders,
Suffrage right, extent of, 90; negro, 209.
Sumter, Fort, first gun fired at, 165.
Superior court abolished, 215.
Supreme and superior courts, the judicial
power, 89, 90.
Surrender of army of Northern Virginia, 203.
Surveyors in Kentucky, 14, 15.
Sycamore Shoals, Indian assemblage at, 20.
Tate, J. W., elected treasurer, 207.
Taylor, General Zachary, in Mexican War,
Taylor, Hancock, early surveyor, 14.
Taylor, Harrison, Conservative nominee for
lieutenant governor, 206.
Taylor, William S., governor, 219.
Tecumseh, chief of Wabash Indians, 114;
restrains massacre of Americans, 122 ; death
Tenth convention, 83, 89.
Territory of U. S., extent of Southern, 69.
Texas, Clay's opposition to its annexation,
144; admitted to Union, 144; efifect of its
annexation, 156; secedes, 162.
Thames, battle of, 125.
Third independence convention, 62.
Third revision of State constitution, 150.
Third Spanish conspiracy, 105.
Thirteenth Amendment, adopted, 203, 208;
opposed by Kentucky, 203.
Thomas, Major General George H., at Mill
Thompson, James, surveyor, 40.
Thome, William P., lieutenant governor, 224.
Tilghman, General Lloyd, goes over to Con-
federates, 177 ; surrenders Fort Henry, 182.
Timber regions in Kentucky, 211.
Tippecanoe, battle of, 114, 115.
Tobacco war, 221.
Todd, Colonel Charles S., ambassador, 125.
Todd, Colonel John, surveyor in Kentucky,
15; member of first Harrodsburg court
29, 30; elected governor of Illinois County,
33 ; appointed colonel Fayette County, 40 ;
at battle of Blue Licks, 46.
Todd, Major Levi, surveyor in Kentucky, 15 ;
clerk of Kentucky County, 30; at siege of
Bryan's Station, 45 ; at Blue Licks, 46, 47 ;
intercourse with Filson, 56.
Todd, Thomas, second convention for inde-
pendence, 61, 62; clerk of constitutional
convention, 108; appointed judge in U. S.
supreme court, 113; member of war coun-
Tompkins, Christopher, member of Anti-
Relief party, 129 ; Anti-Relief candidate for
Tompkinsville, Morgan's array, at, 188.
Trade in America, 127.
Transition era in Kentucky, 212-225.
Transylvania, colony of, 20, 21 ; purchase an-
nulled, 22; title annulled, 29.
Transylvania Seminary, 57, 83.
Transylvania University founded, 58; its
high rank, 137; goes out of existence,
Transylvania University, new, 212.
Trappist monks at Bardstown, 84.
Traveling Church, Ranck's, 84.
Treaties, of Fort Stanwix, 14; of Shawnee
Indians, 17, 18; between U. S. and Great
Britain, 50; with Spain proposed, 70; with
Indians, 86 ; between U. S. and Spain, loi ;
of Ghent, 125; between U. S. and Mexico,
Trigg, Stephen, at Logan's fort, 37; lieuten-
ant colonel, 40; at Blue Licks, 46, 47.
Trimble, John, member Relief party, 129;
associate justice, 132.
True American, abolition paper, 154, 155.
Truman, Major, murdered by Indians, 97.
Twelfth Street fort in Louisville, 34.
Twetty, Wm., cuts roads in Kentucky, 21.
Tyler, President, admits Texas, 144.
"Underground railroad," 152.
Underwood, Judge Joseph R., member Oppo-
sition party, 159; joins Union party, 169.
Union party, 162-164, 166-168, 173, 174, 178,
United States Bank, at Louisville and Lexing-
ton, 134; Jackson vetoes bill of recharter^
\'era Cruz, capture of, 147.
\'incennes, capture of, i:^.
\irginia, Ketucky a part of, 14, 29; protects |
Kentucky settlers, 22; its relation to Ken-
tucky, 59, 60 ; Kentucky petitions for sepa-
ration from, 61, 62, 63; Kentucky's bitter-
ness against, 66, 67, 77, 78 ; seventh conven-
tion's address to, 79, 80 ; legislature's action
in regard to Kentucky, 83 ; Kentucky sepa-
rated from, 89; concurs with Kentucky,
Wabash Indians, proposed attack on, 64 ; ex-
pedition against, 88, 89; rebellion of, 114.
Wadsworth, Wm. H., Union delegate to
Congress, 170; opposes abolition, 186;
against negro recruiting, 198; Republican,
Walker, Dr. Thomas, pioneer, 12.
Wallace, Caleb, trustee Transylvania Uni-
versity, 57; judge court of appeals, 96.
Wallace, General Lew, at Cincinnati, 191.
War between the States, Stephens's, 151.
War debt, 128.
War Department, orders to Kentucky, 197.
Warfield, Ethelbert D., author, 107.
Wars, Indian, 13, 14, i6-i8, 21, 30-39, 40, 41,
59. 63, 64, 85-89, 97, ii4> "5. 120. 122;
French and Indian, 14, 32; Revolutionary,
37; War of 1812, 116-126; Mexican, 141-
150; Civil, 151-204.
Washington, George, President U. S., 83; his
policy in Irench War, 98; his action in
French conspiracy, 100; monument to, 155.
Washington, Peace Conference at, 165.
Watauga River, Indian assemblage at, 20.
Watauga settlement, volunteers from, 17.
Wayne, General, commander of armies of
Northwest, 97 ; military ability, 98; cam-
paign against Indians, 100, loi.
Webster, Miss Delia A., abolitionist, 152, n. i.
Wells, Colonel Samuel, rescues Floyd, 41, 42;
at Georgetown, 117; at Frenchtown, 119.
West, Edward, invents steamboat, 103.
West, M. D., quartermaster general of State
Guards, 170; superseded by Dudley, 179.
Wheeling, proposed attack on, 42.
Whig party, in power, 141, 143 ; downfall of,
''White Renegade," Girty's nickname, 45, 46.
Wickliffe, Charles A., at Peace Conference,
165 ; Union delegate to Congress, 170.
Wickliffe, D. C, editor, 159.
Wicklifife, Robert, Anti-Relief member, 129.
Wilderness Road, 21, 53.
Wilkinson, General James, his store, 54, 55;
his petition,,6i ; member fourth convention,
62, 63 ; inflames opposition against Virginia,
66, 70; his treasonable Spanish project,
70-72, 76; schemes in Fayette election,
77-80; in Indian warfare, 88, 97; major
general, 109, no; New Orleans delivered
William and Mary College, 83.
Williams, Gen. John S., at Cerro Gordo, 147;
Confederate leader, 179; U. S. senator, 213.
Williams, John, clerk at Logan's fort, 37.
Willson, Augustus E., governor, 220, 221;
candidate for U. S. Senator, 223.
Winchester, General, 118, 119.
Wolfe, Judge Nathaniel, Unionist, 159, 169.
Wolford, Colonel Frank L., Federal, 181 ; pur-
sues Morgan, 189; arrested, 198.
Woman Triumphant, group by Hart, 139.
Woodford County established, 83, 84.
Woolly, Aaron K., lawyer, 201.
Wyandots, Estill's pursuit of the, 42.
YorktowTi, Comwallis's surrender at, 50.
Young, John C, president Center College, 210.
ZoilicofiFer, General, invades Kentucky, 175.
180; killed at Mill Springs, 181.