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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 wasregarded 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 arguAside 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.

ment.

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

secure the execution of reforms beyond all peradventure, and thus make his own a shining contrast to previous Whig administrations.

With such assurances Mr. Hardin went forth the champion of his old friend. Primary meetings in Nelson and adjoining counties were held under his auspices, and instructions favoring Owsley were adopted. As elector on the Clay ticket he made speeches in many counties, and in these likewise procured meetings to be held, and the vote favorably instructed. His son, Rowan, not only made speeches but devoted a newspaper, of which he was editor, to the good cause. As the result of so much diligence and effort, at the Whig convention. at Louisville, in 1844, William Owsley was nominated for governor.

Yet, a Whig nomination at that period was not necessarily election. The Democrats had for their candidate General William O. Butler, a man of high character, with an honorable record as a soldier of the war of 1812. Then, as since, to Kentuckians, no less than to the American people generally, there was an attractive glamor about a successful soldier. The friends of the Whig candidate realized the need of exertion, and were active. Mr. Hardin worked like a Trojan. It was a favorable circumstance that Mr. Clay was a candidate that year for the presidency. Not one could arouse the party in Kentucky like the "Great Harry." With all effort, however, and all favoring circumstances, while Governor Owsley was elected it was by a diminution of the party vote of five thousand.

Shortly after the election Mr. Hardin wrote Governor Owsley, suggesting his willingness to accept the office of secretary of State. As to his motive in seeking this appointment, perhaps State Senator Francis Peyton, of Breckinridge county, was not far wrong, to say the least, when he spoke as follows in the Senate on the subject:

"It is a matter of public notoriety that before Mr. Hardin solicited and obtained the office he had met with a misfortune in having his right hand so injured that he wrote with great difficulty and in so bad a manner that his writing could scarcely be read; that his habits of active life wholly unsuited him for the drudgery of secretary; that it was his intention, in good faith, to desert an extensive practice in a large circuit worth perhaps two or three thousand dollars per annum, and set himself down at Frankfort, as a scribe, at the pitiful salary of seven hundred and fifty dollars per annum, is believed by none who know him. His own good judgment and saving attention to his individual concerns forbids the idea that he ever expected or intended to perform the duties of the office in person. Indeed, he has often declared that he expected to perform most of the duties by deputy. The true secret

of Mr. Hardin's anxiety to obtain this office in the first instance will, I have no doubt, be found in the fact that he had high hopes at that time of being elected to the Senate of the United States. The office would necessarily throw him in contact with members of the Legislature, and thus the way might be paved for the accomplishment of the great purpose of his life."

To Mr. Hardin's letter the governor elect responded in a prompt and hearty way tendering him the secretaryship. The signal service he had rendered in the governor's election, coupled with his great talents and high rank with the masses of his party, made this action extremely appropriate. But the governor had other political friends who, although they had not done him the service, were as wise as Mr. Hardin. Discerning the motive of the latter in seeking a post at the State capital, they began sapping and mining. They represented to the governor that the appointment was unwise-unwise chiefly because they opposed it; and they opposed it because in making their political slates Mr. Hardin's name had no place, and, least of all, no place in connection with the highest party honor, the United States Senate. The governor referred to these opponents subsequently as composed of his Lexington friends.

It is more than probable that a want of better understanding with a coterie of Lexington politicians of that period was unfortunate for Mr. Hardin. Mr. Clay was regarded as the center and source of light in the political system of Kentucky. While a great leader, he was an imperious ruler of his followers. Those who were most loyal were strongest in favor, and these looked askance at the contumacious Whig who neither asked nor granted favors-such a one was Mr. Hardin. To extreme partisans-the Lexington coterie was composed of such the intimation that a Whig governor should appoint the "best men" to office, regardless of party affiliation, was downright treason. That such a one should seek and possibly win the highest honor his State could confer was not to be thought of. So it was Governor Owsley wrote Mr. Hardin that his Lexington friends advised against his appointment, and he suggested that on this account, and for harmony, he decline it. To this letter there was no reply. This ominous silence impressed the governor and his friends more than protests or reproaches could have done. Another letter was shortly afterward written saying that the appointment would be made, and on the governor's installation it was made.

In September, 1844, he was commissioned and sworn, and at the instance of the governor he appointed as his assistant Abram S. Mitch

ell, editor of the Danville Tribune, the governor's organ. On the assembling of the Legislature Mr. Hardin was nominated to the Senate as secretary of State and unanimously confirmed. During the sitting of the Legislature he was prompt and diligent in the discharge of official duties. At other times he was occasionally absent attending to his law practice. He removed his extensive library to Frankfort and opened a law office there, and expressed the intention of likewise removing his family. This latter was prevented by having unexpectedly devolved on him the care of the children of a sick daughter and an absent son. So it was that Mrs. Hardin remained at the homestead at Bardstown. Ordinarily the duties of secretary of State are mostly clerical in their nature, and there was little to distinguish Mr. Hardin's official career from that of his predecessors. A secretary might be consulted by the governor on any question of difficulty or importance, but these consultations were much a matter of courtesy, and their omission was no breach of official etiquette. It might have reasonably been supposed that a relation involving such little friction would have worked with monotonous smoothness, especially between ancient friends, but the stormy sequel proved far otherwise.

There is little doubt that some of those who had opposed his appointment subsequently employed their influence and management to produce causes that would effect his resignation or removal. There was such dissimilarity of temper, habits, and tastes between the governor and his secretary as that in close contact there could be little sympathy between them. The former was punctilious in dress and deportment, and the freedom of his manners was restrained by a dignified courtliness. In short, his bearing was that of an ancient patrician, conscious of the honors resting upon him, and yet he by no means meant anything more than a decent observance of the proprieties of his position. He felt that he owed this much to his fellowcitizens to his State-to himself. There was not a little in Mr. Hardin's character antipodal to all this, and the reader will not be at a loss in making the contrast. Doubtless the governor had unconsciously been imbued with a feeling of antipathy to his old friend. While others about him were coating unpleasant facts and occurrences. with flattery, Hardin thoughtlessly, or perversely, neglected such precautions. On the other hand, his frequent protests against appointments were so many friendly but disagreeable condemnations of the administration. The feeling was not unlike that between King Henry and Wolseley, when the cardinal had grown too great.