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CHAPTER XXXI.

THE CONSTITUTIONAL CONVENTION OF 1849.

HE chief events that stirred the Commonwealth of Kentucky in 1849 may be thus summarized: First: The call of a constitutional convention in January by legislative act pursuant to the votes of the two preceding years. Second: The animated campaign for seats in that body, and the election of delegates in August. Third: The meeting of the convention in October, and the work it per

formed.

Undoubtedly, the great preponderance of the talent of the State was embraced among those who had favored the convention. Nevertheless, the minority, though small in numbers, was eminently respectable in character and ability. The struggle for seats in the convention was within, rather than without, the ranks of its friends. The latter, however, were at issue on a variety of questions. The chief controversy was, as to the extension of the elective principle. A great number, actuated by interest, education, or opinion, opposed entrusting the people with the unrestricted right to choose their rulers. As the event proved, the great majority held an opposite view. Yet many of this majority, while in favor of making all ministerial and executive offices elective, doubted the wisdom of choosing the judiciary by the popular voice.

The original constitutional reform party, true to its teaching for the preceding quarter of a century, was, in the main, in favor of making all officers responsible to the people. The difference arose as to the means by which to secure responsibility. All agreed that offices should be held for limited terms. As to the judges of the courts, some favored their appointment by the Legislature; others, that they should be chosen directly by the people. So heated did the controversy on this question become, that some of the early and able friends of constitutional reform were estranged before that work was accomplished.

A few favored what, in the parlance of the day, was called “ the open clause." These desired a constitution so framed as to impose as little obstruction as might be to the emancipation of slaves whenever

the people should favor such a scheme. Those holding this view were denominated "emancipationists.' The friends of slavery bitterly opposed the "open clause," and, on the contrary, insisted that special guarantees should be inserted for the security of slave property. These must be taken as illustrative examples of the issues in the campaign for the election of delegates.

Nelson county was entitled to two members in the convention. For these honors Charles A. Wickliffe, William R. Grigsby, and Mr. Hardin were contestants. Wickliffe was a Democrat, while his competitors were Whigs. Nelson was in sentiment decidedly a Whig county, but so disjointed were the times that former party affiliations afforded uncertain assurance of results. Although not entertaining, or at least not expressing, such sentiments at the outset, yet while a candidate for delegate, Mr. Hardin took ultra ground in regard to the extension of the elective principle. As had always been his custom when seeking popular favor, he made frequent addresses to the people, and engaged in public debate with those differing from himself on pending questions. While laboring in surrounding counties, he was wise enough not to neglect what was necessary at home to secure success. He was resolved not to miss the opportunity of helping complete the work his efforts had so largely contributed to inaugurate. The Democrats rallied to Wickliffe's support, and were ready to give their second vote to Hardin or Grigsby, as might best promote the interest of their own candidate.

Hon. A. H. Garland, at the time a student at St. Joseph's college, was an interested observer of the canvass, and thus entertainingly alludes to it:

"In the canvass for the seats in the constitutional convention of 1849, Mr. Hardin, Charles A. Wickliffe, and William R. Grigsby were candidates in Nelson county. They spoke at some nine or ten places. It being vacation, I rode around after them and heard nearly all their speeches. It was

a most magnificent discussion of all the questions of interest of that day to Kentucky. I have often thought it unfortunate that those debates were not reported in full. The parties engaged were all giants.

"Hardin and Wickliffe were elected, but Grigsby came out of the contest with renewed and increased name and honor, losing nothing by his struggle with these two Nestors. At the last speaking, 'Old Ben' (as everybody called him) closed his remarks by saying: And if you don't want me to represent you, just remember I will be content to stay at home and practice law at the same old stand at the same rates, where I will be pleased to see you all at any time.'"

On the day before the election, Mr. Hardin took the precaution to visit localities where Democratic voters were numerous and to impress on them the idea that his own election was assured, and that the contest was between Grigsby and Wickliffe. The effect of such a suggestion was obvious.

In Hardin county it was understood that John L. Helm (Mr. Hardin's son-in-law), at that time lieutenant-governor, aspired to a seat in the convention. Thomas D. Brown and James W. Stone were announced candidates, and favored the most liberal extension of the elective franchise. Governor Helm, who had been an early and active friend of the convention, was an outspoken opponent of an elective

judiciary. It was characteristic of Mr. Hardin to allow no obstacle to defeat a purpose on which he had once resolved. Much as he admired and highly as he esteemed his talented kinsman, he was unwilling to hazard the scheme for a new constitution or any material element of reform by admitting so skillful and able an opponent as Helm into the convention. Mr. Hardin met Helm in debate at Elizabethtown, and made a speech of such overwhelming effect as to render Governor Helm's election impossible. This caused Tom Marshall afterward to denounce him as the prototype of Saturn, who devoured his own offspring.

JOHN L. HELM.

For the third time in the history of the State a constitutional convention met at Frankfort, October 1, 1849. Proceedings began by a motion of David Merriwether that George W. Johnston be temporary chairman, and Charles C. Kelly, secretary. After a call of delegates, an oath improvised by Mr. Hardin was administered. It was next resolved that the permanent officers of convention should consist of a president, secretary, assistant secretary, sergeant-at-arms, and doorkeeper.

James Guthrie, Democrat, of Louisville, was elected president over Archibald Dixon, Whig, of Henderson, the vote standing as follows: Guthrie, 50; Dixon, 43; Gaither. I; Davis, I. The timehonored custom of opening deliberative bodies with religious observ

ance was neglected until the fifth day of the session, when the late well-known Stuart Robinson offered a morning prayer, and thereafter, each morning a similar service was rendered by the pastors of the various churches at Frankfort-Protestant and Catholic.

The business of the convention was, after some debate, divided among the following standing committees:

First: On the Executive for the State at large.

Second: On the Executive and ministerial offices of counties and districts.

Third: On the Militia.

Fourth: On the Legislative department.

Fifth On the Court of Appeals.

Sixth On Circuit Courts.

Seventh: On County Courts.

Eighth On Miscellaneous provisions.

Ninth On Revision of the Constitution and slavery.

Tenth: On Education.

Mr. Hardin was appointed chairman of the committee on circuit courts, one of the most important.

Preliminary to some further reference to the proceedings of the convention, it may be interesting to briefly notice the personal aspect of that body and indulge some general allusion to its character. Mr. Hardin said of it: "When I met this convention, I looked around to see what kind of men it was composed of. I have since repeatedly remarked that I have been in many deliberative bodies-ten years in Congress and ten years in the Legislature of the State-yet I think in the whole course of my public life, I have never been associated with a hundred men of more talent, men with whom I am more proud to be associated, than the hundred men that compose this convention."

This was no undeserved eulogy. In the list of members were many who had already achieved national reputation by their talents, and still others who were at the outset of careers that brought them renown. There were colleagues and disciples of the eloquent Clay, as well as his formidable antagonists who had shown themselves worthy to be his foemen on many a well-fought field. It was not merely a body of orators, although as such pre-eminent, but embraced in it were men of sound practical sense, of profound learning, experienced in affairs, and qualified for the philosophic consideration of all the grave details of government.

No one took a more active part in the proceedings of the convention than Mr. Hardin; no one spoke so frequently as he, and none more pertinently, tersely, and effectively. He was the recognized Nestor of that body, and his slightest utterances received respectful attention. In number of speeches Mr. Wickliffe ranks next. The following distinguished names were among the most frequent speakers: Squire Turner, James Guthrie, Beverly L. Clark, Philip Triplett, John W. Stevenson, Richard Apperson, Willis B. Machen, Charles Chambers, William Preston, A. K. and M. P. Marshall, James W. Irvine, Archibald Dixon, Garrett Davis, David Merriwether, and George W. Kavanaugh.

The following delegates either had been, or afterward became, members of Congress: Albert G. Talbott, James S. Chrisman, Philip Triplett, Francis M. Bristow, Ben Hardin, John H. McHenry, Thomas P. Moore, and William Preston. Guthrie, Dixon, Machen, Davis, and Merriwether were subsequently United States senators; Stevenson became both governor and senator; Silas Woodson became governor of Missouri; Preston and Clark filled missions abroad. Others were less distinguished for positions attained, but hardly less so for brilliant talents.

Nothing of any special interest-aside from organization-transpired in the convention until October 4th, when Garrett Davis, of Bourbon, introduced his proposition as to the elective franchise by foreigners, virtually formulating the ideas of the Native American party. When first sprung, the sentiment and probable action of the convention seemed doubtful, but the proposition was laid over for further consideration. This was the first significant event in its proceedings. If Mr. Davis' design had prevailed, it would have united (as he hoped and expected) the Whig and Native American parties. His proposition excluded from the elective franchise all future immigrants, and imposed very stringent conditions on those who were already naturalized.

Upon this important question, the opinions of Democratic members were somewhat unsettled-and these not at all decided against Native Americanism-and the Whigs were less so. This debate acquires importance from the circumstance that it marked a breach in the Whig party between pro-slavery and free-soil Whigs, traces of which were discernible in every contest up to the civil war. Of the Native Americans, Davis was the acknowledged leader, and at one time seemed its probable candidate for the presidency.