separation of the Western country from the Atlantic States, and an alliance more or less close with herself. The Western people were not a little embarrassed at this period. However content they were to remain a part of the United States, yet they could not afford to break their kind relations with Spain. To do so was commercial and financial ruin. It was the clear policy of those who undertook to represent the people to preserve the semblance of friendship for the Spaniard, and allow the latter to believe that what he hoped might transpire.

Sebastian had undertaken to act for Kentucky, and whether he ever contemplated doing more than was done may be doubted. Wilkinson may have had larger designs, but there is no proof of Sebastian's connection with them. If he did receive a pension from the Spanish government for services performed or promised (as charged), it was an impropriety that would have been winked at in Kentucky at any time during John Adams' administration, and earlier. The supposed pension may, after all, have been a bonus received by him for his share. of profits by certain traders under commercial arrangements negotiated by him. Conceding that the Spanish government paid him two thousand dollars per year, it by no means follows that it was a pension. But in 1797 the Court of Appeals, composed of Muter, Wallace, and Sebastian, had decided that all entries which did not describe the land entered, so as to identify it, were void for uncertainty. As this decision rendered nugatory a large number of land titles, great excitement resulted, and the judges of the Court of Appeals were regarded by many people as public enemies. This was the beginning of Sebastian's misfortunes.

After the Burr conspiracy had exploded, those who had inaugurated prosecution against Burr cast around for some object of attack, and, in default of others, fell on Sebastian. Ten years before, public sentiment would have protected the man who had secured the people the commercial advantages under the Spanish arrangement. But now that the Louisiana Territory belonged to the United States, Sebastian's services were forgotten, and he was delivered over to his enemies. The proverbial ingratitude of Republics had here another illustration. He was attacked by the Legislature, and steps were being taken for his removal from office. Arraigned by his enemies and abandoned by his friends, he succumbed to the storm and resigned.

Mr. Hardin always believed that he was unjustly and ungratefully treated, and often announced his purpose to write a book in his vindi

cation. Harry Innis, George Nicholas, and William Murray were implicated with Sebastian, and, so far as culpability goes, seem in little better state, but they were men of greater personal influence by reason of family ties, and, besides and mainly, neither of them had declared and held that uncertain land entries were void. Except that Sebastian received a pension, or was supposed to have done so, his case and that of Innis, Nicholas, etc., are not to be distinguished. Historians have distinguished between their cases and Sebastian's more or less unsatisfactorily, but all have concurred in heaping contumely on the latter. He was made the scapegoat for the sins of hundreds of leading men in Kentucky who had been similarly imprudent. With this prelude, the reader will understand the following expressions by Mr. Hardin:

"These two duties, the import and export, were too heavy and oppressive. Kentucky could not bear them, and the government of the United States failed to obtain better terms and conditions from Spain. The people of Kentucky were much excited on this subject during the years 1793, 1794, and 1795. In 1795, the leading men in Kentucky sent the late Judge Sebastian to Orleans to obtain from the governor of Orleans a reduction in these duties, and to procure better terms and conditions in our commercial intercourse with Spain. I have said, and I repeat it, that the first men in Kentucky, great, too, as any in America, concurred in sending Judge Sebastian to Orleans to make those commercial arrangements with Spain.

"The original papers connected with that transaction were given to me near twenty years ago, either by Judge Sebastian himself, or his son, Dr. Charles Sebastian. I have some of them now in my hand-one signed by George Nicholas, Harry Innis, William Murray, and Benjamin Sebastiandeclaring the necessity of such a treaty, and appointing Sebastian to make and conclude such a treaty or commercial arrangement as the necessities required. I have also a copy of the treaty in the handwriting of Judge Sebastian. The signatures of George Nicholas, Harry Innis, William Murray, and Benjamin Sebastian are genuine. I have shown them to their acquaintances and relations, and they recognize their respective signatures. I also have a paper of a similar character, signed by near one hundred gentlemen of Kentucky, to the same import, or nearly so. I can not now lay my hands upon it. If it is not mislaid, I have it at home. Sebastian went to Orleans, and in pursuance of his instructions he made the treaty. reduced the import duty to four per cent., and took off the export entirely; nay, the treaty went further; we had the permission to trade to all Spanish America on the same terms. It is the best commercial treaty we ever had with Spain.

It

"I am, Mr. President, greatly rejoiced that I have this opportunity to vindicate the names, characters, and memories of the illustrious men who figured in this country in the days of other years-days that tried the souls. of men-men who have been slandered by some of the histories of this country, in which they are branded as traitors and Spanish conspiratorsmen that I feel proud of, and so ought my country to be proud of. Thirty or forty years ago I knew most of them. I see in my mind and can recollect exactly how they looked. They then had the aged and venerable appearance of the senators of Rome, seated in the Senate chamber, when the Gauls took and destroyed the city.

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"Kentucky enjoyed the benefits of the regulations made by Sebastian until Spain transferred that country to France, and France to the United States; and after enjoying the benefits of Sebastian's labors for years, when the necessities for those regulations had passed away Kentucky for a time forgot his services, and the whole Legislature attacked him in 1806. Those that sent him who were alive-for some were dead-gave him no aid or assistance, and he sank under the assault and fell a victim to the rage of popular fury. I trust in God that the present generation will do his memory justice for the consolation of his posterity."

CHAPTER XXVI.

A QUESTION OF PREROGATIVE.

NE of the most remarkable contests that ever occurred in Kentucky-remarkable for its nature, parties engaged, and its result -was that which occurred in 1847, between Governor William Owsley and Mr. Hardin, his secretary of State. For alleged grounds, the governor attempted to remove that official and supplant him with another. When the confirmation of the latter was sought, Mr. Hardin appeared before the Senate in opposition. The struggle that ensued was without precedent, and has since been without parallel in State history.

Of William Owsley, mention has been made in former pages, especially in those chapters relating to the "old and new court' controversy. He was conspicuous at that period, not so much by his talents as because he was associate judge of the "old" Court of Appeals, which the Legislature sought to abolish, and in its stead establish the "new." Possessed of sterling virtues, yet he was deficient in those lighter graces that aid or ensure political success. His unyielding adherence to principles which he deemed just, in face of popular clamor, while befitting the judicial office, was attributed to a tyrannical disposition. He was called a cold man, whose very virtue was construed a failing, in that it prevented sympathy for the failings of others. While regarded as a sound lawyer, he was not esteemed a great one, or by any means the equal of Boyle, the chief-justice. At the bar-before and after-he had been successful, and he had served with credit in the State Legislature, but to his judicial career he owed that character and standing that had chiefly given color to his aspirations to the chief magistracy of the State. After resigning his judgeship he was renominated, but, as stated elsewhere, rejected by the Senate. He then resumed the practice of his profession, gave attention to a handsome estate, served a term in the State Senate, and also as secretary of State, under Governor James T. Morehead. Such had been his career up to the year 1843. That year he aspired to succeed Robert P. Letcher in the gubernatorial chair. Being a Whig, he sought the nomination of his party. To this end, he and his friends

took such steps as they might to secure the favorable action of the county primary meetings. The aid of prominent politicians in various localities and the favorable consideration of the public press were duly invoked. The canvass that ensued may have had more dignity, but was not entirely free from some of the blemishes that had marked many such episodes before, to say nothing of those more

recent.

Mr. Hardin and Judge Owsley had known each other and been friends for nearly forty years. They had served together in both houses of the State Legislature, and in the "old and new" court controversy no one had done more valiant and efficient service for the old judges than Mr. Hardin. Under such circumstances Judge Owsley not unnaturally expected the support of his old friend. Besides they lived in the same section of the State, and had, on this account, common interests and many neighborly affinities.

Mr. Hardin was disposed to favor the ambition of Owsley, not so much for the reasons mentioned, as for another. Abuses injurious to the public welfare had crept into the Whig party. That party had been continuously in power in the State for many years. The great majority of all offices were filled by appointment, the power of the governor in this respect being very extensive under the then existing Constitution. The principle that "to the victor belongs the spoils " had been imported from national politics. In some localities, to find fit incumbents of the Whig party to fill local offices, by no means afforded an opportunity for a competent Democrat. Whigs, and Whigs only, held offices which a Whig governor could bestow. Mr. Hardin-faithful to the principles of his party though he was— regarded this as an evil and a reproach that demanded remedy. The Whig party was in the majority, but not so preponderantly as that it could defy the minority when the latter had the better of the argument. Aside from the mere interest of party, there were many who believed that no party could rightfully sacrifice the public welfare to promote its own success. Of this class was Mr. Hardin.

When solicited by Judge Owsley for his support, he explained his views in regard to the policy which he thought should control the appointing power, saying he would support no one unpledged to carry out that policy. Judge Owsley did so pledge himself, and also authorized that fact to be communicated by Mr. Hardin to his friends and the public. Judge Owsley's reputation for unshaken firmness and unswerving integrity encouraged the belief that his election would