House, a weak, ill-educated, vain old man, in the hands of the wily foxVan Buren-who, being present, played on his inordinate vanity to subserve his private ends.

"There was more truth than poetry in the picture," remarks Colonel Allen. "The particular flattery being administered at the time was the repetition of the number of high-sounding names his admiring followers. had bestowed upon him. 'General Jackson,' says Van Buren, 'you are the old Roman.' 'Yes,' responds the general, I am the old Roman; if I ain't I would like to know who is.' 'General Jackson,' says Van Buren again, you are the second father of your country.' 'Oh, yes,' answers Jackson (who, by the way, was childless), 'I am the father of my country, if I am the father of nothing else.' 'General Jackson,' continues the little flatterer, you are the hero of New Orleans.' 'Yes-oh yes,' says the old man; 'I am undoubtedly the hero of New Orleans, if I am not, I would like to know who is!' 'General Jackson,' once more says Van Buren, 'you have filled the measure of your country's glory--your cup of greatness is full.' 'Certainly I have,' responds the President with unction, it won't hold another drap.'"*

The Whig party had within its fold the best talent of the State. The energy of that talent kept it in power there, notwithstanding the popular admiration for military glory and the insidious pressure of the executive patronage and influence. Save the opportunities afforded by a congressional career, Whig politicians were left for the most part to deal with local affairs. Possibly there was compensation in this. Thus the State enjoyed the benefit of talent that otherwise might have shone in the cabinet, graced the supreme bench, or adorned diplomatic missions abroad. The State was well governed. The standard of political honor was exalted. Questions of constitutional law and the science and policy of government were discussed on every hilltop and in every valley. The public mind was educated and public sentiment given tone and direction. In the ministrations of that political priesthood that kept Kentucky thus faithful to Clay and Whiggery, none were more laborious or more potential than Ben Hardin.

*Letter from Colonel Alfred Allen, of Hardinsburg.

CHAPTER XIV.

MR.

IN AND OUT OF THE STATE SENATE.

R. HARDIN did not seek a return to the Legislature at the August election, 1826. The death-stroke had been dealt to the new court in 1825, and that tribunal had quietly folded its hands, awaiting its end. No prospective question before the General Assembly either invited or offered employment for his talents. What remained to be done for dismantling the new court could be as well accomplished by another. So he turned for the time from affairs of state to his private business and professional duties.

January 14, 1827, death, for the first time, invaded his family circle. His son William was a boarding student at St. Joseph's College, at Bardstown. That college was a Roman Catholic institution, possessing an accomplished faculty, and enjoyed, at that time and long afterward, a wide and deservedly high reputation for learning. It was then a fair rival for Centre College, of Danville, and Transylvania, of Lexington. William, becoming ill of an epidemic fever, soon died. He was in his eleventh year, and was assisted in preparation for death by the Catholic Church, and died in reception of its spiritual consolations. The entire college turned out to attend the obsequies. The noted Rev. Robert A. Able preached the funeral sermon. These facts are related to the author by one who was then present-a twelve-yearold boy, who has not forgotten his young friend so long since gone to the "other side." Such an event could not but throw a gloom over the household, which time and the consolations of religion only availed to disperse.

In the spring or summer of 1827, Mr. Hardin became a candidate for the State Senate, to which he was elected in the August following. The State Senate, in 1827, was a somewhat more august body, and enjoyed many functions not vouchsafed to its successor under the present Constitution. With the governor resided the power of filling all the more important judicial and ministerial offices in the State by appointment by and with the advice and consent of the Senate. When the governor and a majority of the Senate were in political accord, as a rule, the appointees of the executive were confirmed

with little hesitation. When this was not the posture of affairs, gubernatorial appointments were sometimes sharply criticised. But even when governor and Senate were in harmony, nominations were not at all times advised or consented to. Illustrations of this kind will presently be furnished. There is some reason to believe that a seat in the Senate was not an inauspicious point from which to catch the ear of the executive when the latter came to dispense favor. The percentage of senators and senators' particular friends nominated to office was strikingly greater than fell to any other body or class of people.

The Legislature met December 3d-Lieutenant-Governor Robert B. McAfee presiding in the Senate. John Speed Smith, of the Administration (or Old Court) party, was chosen speaker of the House of Representatives. The relief governor, Joseph Desha, had, at the time, one more year to serve. The political storm aroused by the old and new court controversy, it is true, was abating. But the alignment of parties existing when that struggle was at its height was continued upon other issues. National questions were never marked by greater heat and asperity, and partook almost entirely of a personal character. Incensed by his defeat in 1824, General Jackson did not hesitate to stigmatize the chief author of his disaster-Henry Clay with the charge of "bargain and intrigue." The election for President, falling into the House of Representatives, between Clay, Crawford, Adams, and Jackson, and the contest coming between Jackson and Adams, Mr. Clay (who was a member of the House) voted and cast his influence for Adams, and the latter was successful.

When Adams was inaugurated, he appointed Clay secretary of State. These events were charged to be the result of an agreement. This charge was the chief battle-cry of the Jackson men as early as 1827. The presidential contest of 1828 was between Jackson and Adams nominally, but between Jackson and Clay really, and the issue—“bargain and intrigue." Mr. Clay quit his post at Washington to vindicate his character in public speeches. In regard to a speech he delivered at Lexington on this question, Mr. Webster thus wrote him: "In point of merit, as a clear and well-stated argument, it is certainly at the head of all your efforts, and its effects on public opinion have not been exceeded by those of any political paper, I may almost say, within my generation." The substantial portion of the New Court party became supporters of General Jacksonwhile the Old Court adherents, with still greater unanimity, followed

Mr. Clay. In this state of affairs, Mr. Hardin became the champion of Clay and the Adams administration. At the present session of the Legislature no question interesting to modern readers was agitated, always excepting that perennial matter of the removal of the State capital from Frankfort-where it was then located (as it still is) to some other locality.

Another event of the session deserves passing mention. John Allen, in the Senate, offered a resolution to investigate the charge of “bargain and intrigue" against Mr. Clay. On what theory the Kentucky Senate claimed power to make this investigation was then, as it must remain, a difficult problem. Mr. Clay thus commented on this proceeding:

"Is it not strange that no member of the court, nor any bystander, should have given me any account of my trial before the Senate of Kentucky? With the exception of one short letter before it began, and another after its commencement, from a friend residing some distance from Frankfort, I have received no satisfaction about the extraordinary proceeding. Of the result I am yet unaware.

"I pray, if I am to be hung, I shall be duly notified of the time and place, that I may present myself in due form to my executioner. serious, was it not a most remarkable proceeding? I never doubted the good intentions of my friends, but, in this instance, I am afraid their zeal and just confidence in my integrity have hurried them into some indiscreBy admitting the investigation, have they not allowed what no man of candor or sense believes, that there may be ground for the charge? At this distance it is difficult to judge correctly, but it seems to me it would have been better to have repelled the resolution of John Allen with indignation. I make, however, no reproaches."*

Like inventions that plague the inventors, so far from the investigation injuring the "great Commoner," it resulted in his entire vindication, and the gratifying victory of his friends-among the latter, Mr. Hardin.

In 1828, the election of President and governor fell in the same year. The terms of each ended in concurrent years, in Kentucky, until the new Constitution of 1850. In 1828, Andrew Jackson and John Quincy Adams were opposing presidential candidates. Thomas Metcalf-old stone hammer"-then a member of Congress, was the Adams candidate for governor; associated with him, for lieutenantgovernor, was Joseph R. Underwood. The Jackson ticket consisted of William T. Barry for governor, and John Breathitt for lieutenantgovernor. The latter post was offered by the nominating convention

*Life of J. J. Crittenden, Vol. I., page 66.

to Judge John P. Oldham, who declined in favor of Breathitt. The result, in August, was the election of Metcalf, by seven hundred votes majority, over Barry. For personal reasons unknown, Underwood not only fell behind his chief, but was defeated by over one thousand majority. Notwithstanding this apparently equal division of political sentiment, in the November following the hero of New Orleans obtained a majority in the State of eight thousand votes.

On the 1st of December, the Legislature met in annual session. One of the first topics of interest about the State capital was the proposed resignations of the "old court judges"-Owsley and Mills. They had been the special objects of attack by the New Court party. The charge was made that they held their offices in defiance of the popular will. This charge from the hustings was especially burdensome and annoying to the successors of the "Old Court" party. To neutralize it, came the resignations referred to. It was undoubtedly supposed that the resigning judges would be renominated and promptly confirmed. Thus would it be demonstrated that the old judges had not defied the will of the people by retaining their places. The following extract from a letter dated December 3, 1828, from Mr. Crittenden to Mr. Clay, illustrates the situation as it then existed: "Our judges of the Court of Appeals-Owsley and Mills-have this day delivered their resignations to the governor. This will deprive the agitators of one of their principal topics. I think they will both be renominated. Owsley will be confirmed-Mills will be strongly opposed. He is, unfortunately, very unpopular."* Both were promptly renominated by Governor Metcalf, and both as promptly rejected by the Senate. Thereupon the governor sent to the Senate the names of George Robertson, his secretary of State, and that of Joseph R. Underwood, the late unsuccessful candidate for lieutenantgovernor. These were confirmed. It seems that the office was not of Robertson's seeking. He felt himself to be (as he said) "a selfsacrificed victim of party policy."

The term of Richard M. Johnson, United States Senator, was soon to expire, so December 23d the two houses convened in joint session to choose his successor. George M. Bibb, chief-justice of the Court. of Appeals, was elected over Dr. Burr Harrison, of Bardstown, the vote being eighty to fifty-three. Bibb had been of the New Court party, and was an adherent of General Jackson. The desire to remove him from the Appellate bench that he might be replaced with one of different constitutional views may have affected his success.

* Life of J. J. Crittenden, Vol. I., page 71.