CHAPTER IV.

H

PROFESSIONAL BEGINNINGS.

ARDIN county was established by the State Legislature, in 1792. In 1793 Colonel Andrew Hynes founded a town on the southern slope of Muldraugh's Hill and Severns Valley creek, which he named. in honor of his wife-Elizabeth. Here was located the seat of justice of the new county. The town, however, proved of slow growth. It was overshadowed by its proximity to Bardstown-unquestionably the pioneer metropolis of that region. The third census credited the town of Elizabeth with only one hundred and eighty souls, in 1810. Thither emigrated Mr. Hardin, in 1806, and opened a law office.

In this location he no doubt sought to avoid, to some extent, the odds against him in competing with the powerful leaders of the Bardstown bar. He, however, did not wholly escape that competition. Then, and for half a century afterward, the lawyers of Kentucky universally "rode, the circuit." Riding the circuit needs no explanation to the members of the profession of a past generation, who still linger "on the stage," but in these changed times all readers may not fully comprehend it. The judge of a district, as he traveled from county to county, was accompanied by a retinue of attorneys, composed of members of various bars. They sat when the court

sat and rose when the court rose. The usual mode of travel in that day was on horseback. Saddle-bags contained the wardrobe and such books as these itinerants carried with them.

The arrival of this cavalcade on the Sabbath preceding the opening of court produced a sensation in the county towns. The "great" men, on such occasions, unbent themselves in familiar discourse with each other, and each contributed his quota of anecdote, or incident, or learned homily, to the edification of attentive listeners of the laity. The principal hotel was headquarters, and Boniface was usually a worthy host of such distinguished company. What the hotel table lacked in delicacy and variety was supplied by hospitable attention, not to mention the hotel bar that made up in abundance and strength the shortcomings of the larder. Unfortunately, potations were not always regulated with prudence, and the consequences

were oftentimes lamentable.

Excesses were committed on the circuit

from which their perpetrators were happily exempt under the immediate and benign influence of the home circle.

The following incident occurring within the territory where Mr. Hardin practiced, to a couple of his colleagues, illustrates the perils of the old time circuiteer. The gentlemen referred to were attending the session of the court in the little town of L— and were guests of the principal hotel. They had not only protracted their conviviality but on a particular evening had indulged so excessively as to require assistance in retiring. They were lodged in the same bed and their slumbers were deep and profound. Daylight streamed in at the open window next morning, when one of them awoke. In the moment of returning consciousness he glanced at the wall opposite the foot of his bed and there beheld a sight that froze his blood. He rubbed his eyes, fancying that it was an optical illusion that would fade away with. a better view. But no-the more he looked the greater the horror grew. Enormous serpents of every conceivable hue, with glaring eyes and distended jaws and writhing and twisting bodies, covered the whole wall from floor to ceiling. They seemed to him to be in constant motion. "Get up here, J!" he excitedly called to his companion. "Get up-my God! this whole room is full of snakes." The sleeping man, half aroused, muttered that he must have the jim-jams and that he had better lie down and go to sleep.

"Get up and look, get up and look, and you will see." Thus aroused, J gave one glance. More alarmed than his friend, he screamed: "I've got 'em, I've got 'em!"

So loud were their demonstrations of terror that the landlord hastened to their room. "I've got 'em," were the first words that he heard on opening the door.

"Got what?" inquired the astonished host. "O, sir! I've got the delirium tremens. I can just see snakes all over that wall-O! I've got 'em." Happily the afflicted men (each of whom feared the worst. as to his condition) were relieved by the landlord's explanation. The walls were indeed papered with the show bill of a traveling menagerie in which the artist had somewhat flattered the boa constrictor and his friends,

The lawyers on the circuit not only tended to conviviality, but were addicted to cards. The knowledge of old sledge, twenty-deck poker, euchre, and whist proved not inconsistent with sound legal judgment and ready eloquence. Mr. Hardin was abstemious in drinking, and

played cards but little after getting into full practice. This amusement was then very common among all classes of the people of Kentucky -even the highest. Immense sums were sometimes bet, and wealthy men have been known to risk their whole fortune on the chance of the cards.

Some of our readers may, perhaps, remember the anecdote that is told of Mr. Clay (for the truth of which, however, we do not vouch). It is said that on one occasion meeting a friend at the Springs, and inquiring the cause of his unusual gloom, the latter told him that he had just lost to a noted gamester, not only his farm and negroes, but had given his notes for large sums besides, and was, in fact, a ruined man. The statesman made no reply at the time, but took the first opportunity to engage the winner, and being, as was well known, an adept in the science, soon stripped him of his ill-gotten gains; the whole of which he immediately returned to the grateful owner.

In truth, gaming at cards was the social vice of that day. John Rowan was an inveterate gamester. When Charles A. Wickliffe was in the early years of his professional career his passion for gaming caused serious concern to his friends. Judge John Pope Oldham and Governor W. P. Duvall, being among the latter, conceived a scheme to cure the young attorney of his folly. Their plan was this: It was known that at the approaching court in Bullitt county-then shortly to ensue Mr. Wickliffe would collect several thousand dollars for Eastern merchants. As soon as he received this money Duvall and Oldham were to entice him into a game of cards, win it all, and then restore it on exacting the promise of reformation. To ensure success the friendly conspirators devised a system of signs whereby each could notify the other of the state of his own "hand" during the progress of the game. Court came on, the money was collected, and Duvall notified Wickliffe that he and the judge would call at his apartment for a game. They did so. To prevent interruption in the good work the door was secured. Thereupon they proceeded to teach Wickliffe a lesson that, sure enough, did him good. The game continued all night, and ended at last only when Duvall and Oldham had lost their last farthing of ready money. The judge, who smarted under his losses, insisted on disclosing to Wickliffe that they had no purpose of keeping his money had they won-in the hope that the latter would restore his winnings. Duvall, however, would not consent, taking ground that Wickliffe was fairly entitled to enjoy his triumph and its profits. But the joke was too good for a story-teller like Duvall to

It

keep, who felt entirely compensated for his losses in its relation. ultimately reached Wickliffe's ears, and, after all, had the effect desired.*

Mr. Hardin was not personally fond of Mr. Clay, yet he had great admiration of his abilities as a lawyer, politician, and, especially, as a card-player. He said he had often played cards with Mr. Clay, but always on his side-never against him. In early life he acquired a taste for card-playing. In his first journeys around the circuit he spent more time in this sport than in professional duties. Truth to say, the competition of older and abler lawyers prevented him from getting an encouraging share of practice at the outset; while at the card-table he was quite able to hold trumps over the leaders of the bar. Chief-Justice George Robertson, in his Autobiography, confesses that he could not have survived his early years at the law if he had not added to his professional income the profits which rewarded his skill at the gaming table. Mr. Hardin realized steady gains from play, and in later life applauded himself for resigning a pursuit in which pleasure and profit were alluringly combined.

He was fond of meeting the crowds resorting to the hotel, and gathering from them items of local news. His faculty for wit and humor made him attractive, and he had an abundant and attentive auditory when in a colloquial mood. So it was when a session of court was held at Elizabethtown, he had to encounter competitors from abroad, and he, in turn, following the custom of the time, joined the practitioners on the circuit.

One of the most important incidents of his early career was his marriage, March 31, 1807, to Elizabeth Pendleton Barbour, daughter of Colonel Ambrose Barbour, of Washington county. Colonel Barbour was a wealthy farmer who had emigrated from Virginia some years before, and was connected by blood with the distinguished family of that State bearing his name. He was brother of Thomas Barbour, whose distinguished sons, Phillip P. and James, attained the highest civic honors. Phillip P. Barbour was Speaker of the Lower House of Congress and Associate Justice of the Supreme Court, while James was Governor of Virginia, United States Senator, and Minister to the Court of St. James. The belle of all the country around was the beautiful daughter of Colonel Barbour, known to her intimate friends and admirers as Betsy Barbour," the abbreviation common to the name Elizabeth in those days. Among the crowd of suitors who laid their hearts at her feet was young Ben Hardin, who, so she Related to author by Hon, J. C. Wickliffe.

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once said, compared very advantageously with the rest. His ready wit rendered him entertaining, and, with his fair complexion, bright blue eyes, and hair of reddish tint, dressed handsomely, with lace ruffles on his shirt bosom, and at his wrist, falling over small, white hands, he was no uncommon suitor.

Said his wife in after years: "He was very fastidious in his dress in those days, and continued so until some time after our marriage, when one day as he sat busily writing, the ruffle at his wrist dabbled in the ink and on his paper, so much to his annoyance that he impatiently tore it off. He would never in future wear ruffles, and gradually fell into indifference in regard to his dress." *

When he commenced the study of law at twenty, Betsy Barbour had plighted her faith to him, and in March, 1807, they were married. Mr. Hardin took his bride to his new home and set up housekeeping in the primitive way of the period. Whatever talents the young lawyer may possess, the beginning of his career is a strong trial to his patience and equanimity. The patronage of the public is capricious and somewhat like the wind "that bloweth where it listeth." That irresponsible entity is extremely fond of depreciating the talents of young men generally, but of the bar particularly. The veriest ignoramus would cheapen the abilities of Pitt were he suing for its favor. With some there is a tinge of criminality in being a young man.

One day, in the year 1808, while Mr. Hardin was engaged in his office, the officers of the law were passing by, having in custody one Bray charged with having committed a murder in the "Level Woods" -a part of Hardin county, subsequently added to Larue. It is related that the homicide was committed in the following peculiar way: A party of young men were engaged in an all night debauch. One of the number had drunk spirits so excessively as to become insensibly drunk. An overburdened stomach finally yielded its contents. While this was going on, Bray, having some curiosity on the subject, took a candle to demonstrate by ignition whether the drunken man was discharging pure spirits. The outflowing stream caught fire and so burned the unfortunate inebriate that he died. For this the prisoner was arrested on the charge of murder. He asked of the officers having him in charge permission to consult Mr. Hardin,

During the consultation he inquired what fee would be charged, and the reply was three hundred dollars. The prisoner complained of this as excessive, saying that he could get a Bardstown lawyer for that That remark had a decisive effect on Mr. Hardin's future career.

sum.

* Miss Lucinda B. Helm, in Lebanon Times.