ridden his saddle, he was proceeding to use emphatic language, when Rowan, who was standing by, silently and secretly enjoying it, suggested that he had recently seen James using the saddle. Mr. Hardin, not perceiving the absurdity of the insinuation, half soliloquized: "Well, I'll be d-d, if I ever realized the length of that boy's legs before." i

On another occasion, Mrs. Hardin related, at the table, a somewhat amusing story as to what had befallen a certain Mr. Smith. Before the meal was over, Mrs. Hardin, forgetting that she had once told it, repeated the story again. During the next meal, James asked Rowan if he had heard that story about Mr. Smith? No; he had not, but was anxious to hear it. Thereupon, James repeated it with great minuteness of detail, whereat Rowan evinced an unusual degree of enjoyment. In a few minutes, Rowan, innocently, and, as though, to some extent, to repay the pleasure the story of James had afforded, inquired of the latter if he had heard that amusing circumstance about Mr. Smith. James never had, but was eager to do so. Rowan repeated the story just as James had done, convulsing the latter. intervals of a few minutes, the adventures of Mr. Smith were repeated alternately with precisely the same demonstrations, until stopped by Mr. Hardin with the suggestion that the "two d-d fools seemed to be crazy."

At

Not far from 1830, and for many years afterward, Mr. Hardin enjoyed a high degree of worldly prosperity. He carried on farming operations extensively, having a large farm and numerous slaves. Abundant harvests blessed the labors of the husbandman. But it was from his extensive law practice that his chief gains arose. He found constant and pleasant enjoyment in adding to a very respectable fortune-respectable for that day and locality.

In 1832 cholera visited Kentucky, being attended with great mortality and causing universal alarm. Abating during the winter, it returned the following spring more malignant and fatal than before. Bardstown was decimated, notwithstanding it was abandoned on the first alarm by almost every one who had ability to escape. Mr. Hardin was one of the few among the wealthier class who remained, and with his family helped in nursing the sick and burying the dead. His household was rewarded for its fortitude and charity-the pestilence passing it by unscathed.

As his daughters approached their twentieth year, excellent young men sought, wooed, and won them. Emily married Dr. Robert A.

Palmer, of Washington county; Kate was married first to Mr. Howell, and on his death to Thomas W. Riley, a prominent lawyer of Bardstown, and Sallie was married to George Dixon, a Kentuckian residing in the West. James and Rowan attained manhood and married early and happily. Thus the family circle was, for awhile, much reduced.

Before its various members had thus gone their several ways it was a happy household. Guests testify, not only to the hospitality they received, but to the harmony and affection prevailing in the family circle. When all were gathered it was a continual "feast of reason and flow of soul." While Mr. Hardin encouraged his children to talk, and was a pleased and delighted listener himself, yet he continually gave himself to free and familiar discourse beneath the roof-tree of home. His own conversation was at the same time instructive and entertaining. "Often," said his daughter (Mrs. Riley) "when others had discussed a subject without making it entirely plain, a few words. from him made it so clear that 'it was as if the newly-risen sun had suddenly burst with full effulgence on what was before uncertain and obscure.'

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.