points of faith, thinking the singing of these new tunes was sacrilege would not endure them, and left his seat in hot haste and went out of the church to get away from the singing. The particular tune that was then being sung was afterwards, from this fact, named "Tarbet's Trot." Not long after this the horses of Jabez Kirkwood hitched to some trees in plain view from the pew he occupied were getting into some trouble with each other, and he seeing them in their dilemma during the singing of one of these new tunes rushed out of the church in haste to relieve them. The congregation, supposing that he was going out for the same reason that Brother Tarbet had, named that particular tune "Kirkwood's Canter."

The father of Samuel was a man in good circumstances, "well to do in the world" as the phrase goes, but he became surety for a friend, and as bondsman was called upon to make up a large deficit of his principal, and when this was done he had only his farm left. Hoping to regain his fortune on it in raising horses, he had made a good beginning at it when his horses were all carried off by disease. He then determined to sell and go West with the current then setting strongly in that direction.

In 1835, just after Samuel had attained his majority, he sold the farm and the family all went to Richland County, Ohio. The journey was made from Maryland to Ohio in a two-horse wagon, which contained all the worldly goods of the family, and it was most of the way over the Great National Road, along which nearly the whole trade of Baltimore and Philadelphia was carried on, some in heavy, widetired wagons drawn often by four, six and eight horses to a wagon, and when nearly every other house on the road was a tavern. It was quite the custom of travelers in those days to carry their provisions with them and do their cooking at the fire in the tavern kitchen, the men sleeping in their covered wagons and the women and children in the house.

On getting up one morning it was found that all the money belonging to the Kirkwood family was missing, it all being carried in a common purse. The consternation can better be imagined than described until after diligent search it was found in the bottom of the wagon.

Here the father entered eighty acres of heavily timbered. wild land, and John, one of the sons, bought at second hand 160 acres more, on which a little clearing of about four acres had been made, and on which was a small log cabin, built in the rudest and most primitive style of round, unhewed logs with a puncheon roof, held on by weight poles, and a rough puncheon floor; on the place was also a very rough primitive stable. Here in a contest with the primeval forests, enduring the hardships and inconveniences of pioneer life, recommenced the struggle for subsistence and the regaining of a competency. This struggle was continued until sixty acres

of the farm had been subdued and made tillable land.

About this time there was speculative mania all over the country for the purchase of wild Western government land, which had been reduced in price from two dollars to one dollar and a quarter per acre, and so much was bought that, combining with other causes, a large surplus of money, amounting to over $70,000,000, had accumulated in the United States Treasury, and was afterward distributed among the several States. This speculative mania, with other causes, resulted in the financial crash of 1837, the most disastrous one that ever afflicted the country, one in which the banks all suspended specie payment, in which all business was paralyzed, and in which nearly every considerable debtor became a bankrupt. This brought about a state of affairs oppressive to almost every family in the country, and peculjarly so to one like the Kirkwood family, just commencing a new life on the wild frontier. But they manfully braved it all and success eventually crowned all their efforts.

During all this time Samuel spent the winters in teaching

school, at which he got good wages and became the possessor of a little ready money. During one of these terms of school an incident occurred that is worth mentioning here, as it illustrates the fact that it is as important that a boy should learn his rights and how to maintain them as it is to learn the rules of grammar and arithmetic and how to apply them. He had for a pupil his brother's son William, and some of the boys. were in the habit of pitching on to him and abusing him without any provocation, and his uncle asked him one day if such was not the case, when he replied that it was, and he asked him why he did not defend himself, and the boy replied that his father told him he must get along quietly at school and not get into any trouble with the boys. "Well," said his uncle, "don't you let the boys abuse you again if you can help it, and as to your getting into trouble with them, I'll give you a quarter apiece for each one you'll give a thrashing when they attack you." Within a day or two Will says one morning: "Uncle Sam, you owe me seventyfive cents; I gave three of the boys a lickin' yesterday." "Well," replied his uncle, "here is your money, but I think I'll rescind the contract now." It was he who afterwards, as a "boy in blue," and a lieutenant in the 14th Iowa Infantry, and still later in the battle of Corinth, was employed by his other Uncle Sam" to punish some bad boys in gray,' and he helped do a good job at it in the capture of Fort Donelson. He received special mention from his colonel "for very valuable assistance in forming the line with his company in front of the enemies breastworks."

While teaching school Samuel became well acquainted with a Mr. Abram Armentrout, who was the assessor of Richland county, and in the year 1840 he was employed by Mr. A. as his deputy assessor, and thirteen townships of the county were assigned to him as the scene of his labors, and all the personal property in these thirteen townships was assessed by him and the work was

For this

done and the whole section traveled over on foot. service the deputy was allowed a dollar and a half a day, and this county school teacher undoubtedly thought that in getting such a job as this, at such a price in such pinching times, he was securing a small fortune, and such it was in those times.

After closing up this work, Mr. Armentrout bought a store and a tavern stand, and engaged his deputy as his clerk to assist him in selling goods and "keeping tavern." After spending a year in this business our subject began to think a wider field might be found in which he could better display his powers and accomplish more good for himself and the world at large than in subduing the forest and working a farm, teaching a county school or selling goods and helping keep tavern.

M

CHAPTER II.

Studies Law in Mansfield—Assistant in County Clerk's Office-Is Admitted to the Bar-Opens an Office and Begins Practice-Forms a Partnership with His Old Preceptor-Prepares Cases for Trial— Cases all Well Prepared-Marries Jane Clark-Elected Prosecuting Attorney-Successfully Tries a Murder Case-Three Attorneys in the Case Become Cabinet Ministers-Forms a Partnership with Barnabas Burns-Farewell by the Bar of Richland County--Elected to the Constitutional Convention-Extracts from Speeches There.

Bidding good-by to all previous occupations, in the year 1841, at the age of twenty-eight, he went to Mansfield, and entering the office of Thomas W. Bartley commenced a two years' study of law. One of the questions that was puzzling him in the contemplation of these two years' professional study was the obtaining of funds to pay his board bills and meet other necessary expenses during that term. At this time Dr. E. W. Lake, a personal friend and afterward a resident in Iowa City and Marion in this State, was the clerk of the courts in Richland county, and not wishing to confine himself to official work in the office, young Barnabas Burns was his deputy, on whom most of the duties of the clerk devolved, and arrangements were soon made by which young Kirkwood got work enough writing in the clerk's office with the deputy to realize nearly money enough to meet his necessary expenses. This was a most excellent opportunity, for, in addition to furnishing him means to pay his way, the work gave him an introduction to, and familiarized him with, all the legal forms in a law practice, and to the legal machinery by which the court was run and the law administered. better avenue could have been opened to a young law student than this.

No

Completing his law studies and obtaining the necessary