CHAPTER XVI.

A

THE PIONEER BAR.

FTER the admission of Kentucky into the Federal Union, A. D., 1792, the influx of population was wonderfully rapid. By far the larger portion came from the Old Dominion. As a rule these were a better class than those from elsewhere-brought more character, more intelligence, enterprise, and refinement, and more worldly gear. Many young lawyers already at the bar in Virginia were tempted to Kentucky to represent land owners living abroad. Others were drawn thither by accounts of rich fields of litigation, and not a few by the opportunities for a political career.

Many Virginia youths studied for the bar after coming to the State. It may be confidently assumed that in earlier times the vast preponderance of the legal profession was Virginian born and bred, or descended from that stock. A cursory glance at these pages and the various histories of Kentucky will corroborate the statement. Thus it came to pass that the tone and spirit of the Virginia bar, to a very marked degree, were early injected into that of the newlyadmitted State.

The better characteristics of the early bar, it is feared, have not been altogether preserved to later times. There was a courtliness and a dignity, it is true, that could not survive in the bustle and hurry of a utilitarian era. But this loss is slight, compared to what is feared to be a deterioration in more substantial qualities. The ancient lawyer, behind all his dignity and vain-glory (if you please), had solid virtues. He was not only learned in the books, but deeply and soundly conversant with legal principles. Instead of hunting precedents that were meager, he reasoned out the points of contention by a resort to fundamental principles. He, of necessity, was more diligent and accurate, since mistakes could not be so readily cured by amendments under the system of pleading and practice then as now. Referring to an earlier period than the beginning of Mr. Hardin's career, Edmund Burke testified in the British Parliament, in an emphatic way, to the learning and ability of the American lawyers of

that time, their sterling patriotism, and their skill in drafting the great state papers which were then promulged, and which yet command the general admiration of refined and cultivated minds in all countries.

"It is a remarkable fact," says an American writer, "that the great men of every State in the Union were those who figured about the time of the organization and the settling down of their several judicial systems into definite shape and character. Not taking into account the revolutionary era, unquestionably the most brilliant intellectual period was that which succeeded the turmoil, embarrassment, and confusion of the Revolution, and of the times of the civil agitation and contention next following, and out of which arose our present Constitution. The first thing our fathers did was to get a country, then fix on it the character of government it was to have, then to make laws to carry it on and achieve its objects. The men, as a class, who did all this were lawyers. Their labors in founding and starting into motion our constitutions and laws were great and praiseworthy; but after setting the Government agoing there was much more to do, and this was to give the right direction and impress to its jurisprudence. The statutes of a free country are usually but a small part of the body of its laws; and the common law of England, itself but a judicial enlargement and adaptation of certain vague and rude principles of jurisprudence to new wants, new necessities, and exigencies, was a light rather than a guide to the judges of our new systems, called to administer justice under new and widely-different conditions and circumstances. The greatest talent was necessary for these new duties. It required the nicest discrimination and the soundest judgment to determine what parts of the British system were opposed to the genius of the new Constitution, and what parts were inapplicable by reason of new relations or differing circumstances. The great judicial era of the United States-equally great in bar and bench-was the first quarter of this century. And it is a singular coincidence that this was the case in nearly every State, if not in all. Unquestionably there is something in the atmosphere of a new people which refreshes, vivifies, and vitalizes thought, and gives freedom, range, and energy to action." *

This language is quoted because believed to be justly applicable to the bar of the State in Mr. Hardin's time. Chancellor Bibb, himself an illustrious lawyer of his day, was of like opinion: "I have heard Webster, Sergeant, and White, of Tennessee. Wirt, Webster, White, and Ogden are the ablest lawyers, and Walter Jones should also be ranked among the first. Emmett I have not heard, but his reputation is high. After all, I have not been convinced that the bar of Kentucky does not contain as much talent and force as any other bar in the Union." Not only was it a body distinguished for dignity and

Flush Times, by Baldwin, page 225.

Letter to J. J. Crittenden.

talent, but chivalrous courage was a marked characteristic. Personal cowardice was as odious among the bar of the State as among the hunters who had fought the British and the Indians. Hence, insulting language and the use of billingsgate were too hazardous to be indulged where a personal accounting was a strong probability. Not only did common prudence dictate courtesy among members of the bar, but an exalted spirit of honor and well-bred politeness largely prevailed. The word of counsel to his adversary was his inviolable bond. The suggestion of a lawyer as to the existence of a fact was accepted as verity by the court. To insinuate unprofessional conduct was to impute infamy.

It was the duelling age when false sentiments of honor were current, but despite this criminal folly, good came of it. Men were more respectful and self-respecting when a departure cost blood or life. De Tocqueville, referring to that era, called the bar the "aristocracy of America." The statement was nearer the truth when uttered than in later times.

It was an aristocracy not based exclusively on either birth, talents, fortune, power, or position, but to some extent on some or all of these. When manliness and personal honor were more valued, their possessor congratulated himself on an honest and unstained pedigree. He felt himself a leader in his community, entitled to its loyal respect, and at the same time answerable to public opinion, and subject to its penalties. With this constant obligation resting on him, it is not wonderful with what fortitude and self-denial, with what unflinching integrity the old time-worthy trod the narrow path of honor and duty, leading often through obscurity and poverty, when on his right hand and on his left were broad roads that would have led to an ephemeral fame, or a surreptitious fortune. Such a tone and spirit largely prevailed at the Bardstown bar when Mr. Hardin was admitted. Its members were the leaders of the profession for many counties around. With many moral and ethical attributes they had, in addition, a wide renown for learning, skill, and eloquence. No bar in the State was equal to it -none surpassed it west of the Alleghenies. To associate and compete with such men was (as the phrase goes) a liberal education. These legal Goliaths were the awe and terror of neighboring bars. It was in part to shake off this trepidation that Hardin changed from his first location. Moral giants, like their physical prototypes, are not so dreadful if one draws near and contemplates them closely. The mental, like the physical, retina has its illusions.

It is not intended here to give a consecutive or elaborate history of the Bardstown bar, but only a brief notice of some of its leaders in Mr. Hardin's time, who were his colleagues and rivals. In selecting the subjects for these sketches it seems according the natural order to begin with Felix Grundy, the oldest of those to be noticed. Both he and John Rowan (next to be mentioned) afterward removed from Bardstown, but not until they had laid the lasting foundations of professional success and fame. William P. Duval, a man of rare gifts, drifted into political life, and is remembered rather as the Governor of Florida and for rare colloquial powers, than for professional labors and ability. Ben Chapeze was a strong and able man who was too much in the front rank to be omitted. Charles A. Wickliffe's career was long, active, and successful. No one ever practiced at the Bardstown bar for so long a period—almost three-score years. Included is a sketch of the erratic John Hayes, who accomplished little of what he might have done, but left behind a posthumous fame for eloquence that finds no parallel in State history or tradition, save as that of the short-lived and lamented Menefee may rival it.

CHAPTER XVII.

THE BARDSTOWN PLEIADES.

C

HARACTER is largely formed and molded by the books that

are studied and the sentiments imbibed therefrom. Books open the door of thought, and lead the mind out by still waters, and cause it to lie down in green pastures. One's associates are open books, from which are gathered the best wisdom and most useful knowledge for all the practical affairs of life. If a just estimate can be formed of one's character by a glance at the books he has faithfully studied, still more accurately can he be measured by an understanding of those intellectual forces about him, after which his mind, in many respects, has been insensibly fashioned, and in contact with which his own powers have been developed and strengthened.

Not only did Grundy, Rowan, Duval, Hayes, Chapeze, Wickliffe, and Hardin constitute an intellectual galaxy of rare splendor-for they were all stars-but each unconsciously shed light on the other. There is a pollen of genius that floats abroad and fructifies its kind. Like begets like.

1. FELIX GRUNDY.

In a preceding chapter, the career of Judge Grundy was briefly traced to the period at which Mr. Hardin entered his office as a student. It now remains to take it up at that point and follow it to its close.

December 10, 1806, he was appointed, by Governor Greenup, judge of the Court of Appeals of Kentucky, and, in the spring following, made chief-justice of that court. His service on the bench continued but a short period. He delivered his last opinion December 17, 1807.

About that period, the son of a prominent citizen and an old personal friend was arrested, at Nashville, on a criminal charge. Judge Grundy was engaged to defend the youth, which he did successfully. His talents made a most favorable impression on the Tennesseans, and, in turn, he was so won by their kindness and attention, and the