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Congress, with the domestic relations of the In 1828 I accepted the appointment of States, or even of the Territories over which Secretary of State under Gov. Metcalfe, init exercises legislative power. In 1819, on a tending to remove to Frankfort, where I exbill introduced by myself to organize the Ter-pected to make a comfortable independence in ritorial Government of Arkansas, an attempt a few years by a practice in the superior courts, was made by the north to interdict slavery in which then promised to be unusually producthat Territory. A protracted and exciting tive. But, in December of that year, I was discussion ensued; and, on that occasion, Iar-prevailed on against my own judgment, and at gued against the principle, justice and policy the hazard of much sacrifice of interest and of such an interdict, and predicted the conse-liberty, to accept a seat on the appellate bench, quences which have followed the persevering with a salary of not more than $1,000 in legal efforts to adopt the "Wilmot Proviso." In currency. In that unwelcome office I labored 1820 I opposed in Congress the attempted re- nearly fourteen years, with scarcely ever the striction on Missouri. In 1848-9, I again de- leisure of a "Cotter's Saturday night." I nounced all such efforts as the offspring of never sought an office in my life, though I had blind fanaticism and of ambition of political been offered some of the best offices under the power and aggrandisement-as inconsistent federal government; but acceptance being inwith philanthropy-as unjust to slaveholders consistent with domestic comfort and obliga-as perilous to the Union-and as in open tion, I had declined them. In the memorable conflict with the American doctrine that every free people ought to regulate their own policy, and especially their own domestic relations. In all I ever wrote or uttered on the subjeet of slavery, the foregoing sentiments were embodied; and nothing I ever said or did can be shown to conflict with them in the slightest degree. On this subject I challenge scrutiny, in this presence and elsewhere.

"New Election" contest in 1816-17, I had staked myself as one of a forlorn hope against a powerful majority, led by some distinguished men who have since been good Whigs. In 1843 I resigned the Chief-Justiceship of Kentucky, and resumed the practice of law, by which I have since made the chief portion of a small estate, sufficient for all purposes of rational comfort and independence.

Thus

4. A more delicate subject remains to be having subjected myself to self-denial and touched. It happened to be my fortune to be self-sacrificing drudgery for thirty years, and among those from whom a choice of two Sen-finding myself at last in a condition in which I ators in Congress was made. And in those could afford to occupy a seat in the Senate of contests I was made to suffer-most unjustly, the Union, I presumed to say, for the first time, as I must be allowed to think-not only on that if the Legislature should think fit to elect the ground already alluded to, but still more me, I would feel it an honor, and endeavor to severely for presuming to vote for one distin-deserve it by faithful service not unworthy of guished Whig against another!

I trust that I will be pardoned for here making personal allusions which, under other circumstances, might savor of egotism, and of indelicacy to others.

myself or my distinguished State. This was member for his support-I resorted to none of my position when I came here. I asked no the accustomed modes of conciliating favor. I stood perfectly still, awaiting the spontaneous decision of the people's representatives.When a small boy-a native born of Ken-Looking at the history of the State and the tucky-I was doomed to orphanage. At the fortune and destiny of its public men, I did age of 19 I was married and commenced the really feel that the time had come when business of life, without a dollar on earth. At I might be a National Senator.

the age of 25 I was elected to Congress, and was I soon found that friends of two others were twice successively re-elected. I was pleased resolved on running each of them. I did not with political life, and was cheered with en-feel it my duty longer to give back. And my couraging prospects of success. But para-friends determined to nominate me. One of mount duties to a young and growing family those others was not nominated at the startrequired me to stifle all political ambition and but most of his friends voted against me; and to resign my seat for my entire third term. I when one of the three Whig nominees was had but just reinstated myself in the practice withdrawn, they nominated another Whig. of my profession when, in 1822, my fellow citizens of Garrard, required me to come to the State Legislature on the occasion of the relief agitation. Having thus embarked on a tempestuous sca, I felt it my duty to ride out the storm of "Relicf" and "Old and New Court," which never ceased until 1827. For five years I devoted myself, at great pecuniary sacrifice, on the stump, through the press, and in the legislative halls, to the discussion of the great questions which then agitated Kentucky to convulsion and almost to revolution.

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Foreseeing the unpropitious results of such a contest, I determined not to be responsible for them, and directed the withdrawal of my name in defiance of the opposing wishes and counsels of many of my friends. My vote afterwards subjected me to proscription by many old and constant friends, some of whom had, in the first instance, been for me against any person contemplated as a candidate. Not to complain, but only to illustrate the force of that feeling I here state-what you all know-that, after the vote alluded to, some of my oldest

friends-my own senator among others-under their obligations to conscience, to constitaents, and to their country, voted against me on all occasions and for every body who was put up against me. How far this proscription for the same liberty of opinion which they themselves exercised, may promote the harmony or increase the strength of the now dom-ligence have generally signalized your delibinant party, time may tell. According to my creed, it is hardly consistent with justice, policy, or the spirit of our free institutions; and I fervently hope that, though it may have victimized me, it may here pause and not become contagious.

In casting the pregnant vote, I was influenced by no other consideration than a regard to distributive justice, the harmony of the Whig party, and my sense of duty to my immediate constituents. Had I submitted myself to personal or to selfish motives, my vote might have been very different. I did only what I felt to be my duty, as well as privilege -and, so believing, no fear of ostracism could have changed my course.

In the election of Mr. Clay's successor, my friends were consequently placed between two waves. Nevertheless, they failed, as they and I believe, by an accident which might not occur again in a thousand trials.

Our session, gentlemen, has been unusually eventful. It has produced more in the same time than any which ever preceded it.Whether our constituents will be greatly blessed by its labors, the fruits of them will soon show. It is but an act of justice, however, to declare that patriotism, industry and intelerations. And now about to separate, I fervently hope that we may all part in peace and friendship. Should it be the fate of any of us never to meet again on earth, may we cherish no unkind memories of the past. For myself, I can sincerely declare that, whatever may be the future destiny of any or all of you, I shall ever sympathize in your good fortune.

May you all return in good health to your homes, and meet the smiles of your families, constituents, and friends. And may our beloved country grow and prosper under our legislation.

This is a momentous age-an age not of transition only, but of wonderful progress and development. And the position of Kentucky is peculiarly interesting and responsible. This land of promise-this western world, may soon wield the destinics of America, and, through its power and example, those of all mankind. Kentucky-the first born of the Cis-Alleghenian States, and the mother of some of them-may, by right principles and conduct, save or destroy institutions most glorious in the past and most hopeful for the future. Let her cling to her motto-let her

Had not this accident occurred, the result would have been altogether different from what it was-as many of both parties of this House confidently believe. But notwithstand-preserve untarnished her escutcheon-let ing all the combinations and accidents which led her maintain her national position-and to the actual result, I acquiesce cheerfully in it. all will be well. But, whatever may betide Perhaps it is best-best for me-and best us, may none of us live to see the broad flag for the country. The people's representatives of the Union bow to faction, or the hull of the are presumed to know who are the best quali-constitution of Washington split into fragments. fied to sustain, in the National Senate, the May it be our better destiny to live long honor of Kentucky and the integrity of the enough to behold that noble ship survive, unUnion. And I bow to their decision, howev-hurt, the storm which besets it, and that bright er brought about. I have thought proper to banner float higher and higher, until it shall say what I have just said to show that my be the guardian emblem of the civilized earth. name was not, at my instance or for any factious or hopeless purpose, obtruded on the Legislature in the late memorable contests for seats in the Senate of the United States. 43

I shall never again occupy this chair, or a seat on this floor. I now take my leave of both forever. Farewell.

This House is now adjourned sine die.

PRELECTION,

Pursuant to public notice, a large portion of the citizens of the city of Lexington and county of Fayette who are opposed to the adoption of the new Constitution, met at the City Hall on Saturday morning, the 2d inst., at 11 o'clock. James O. Harrison, Esq., was called to the Chair. The object of the meeting being explained, as being for the thorough organization of the friends of Constitutional Liberty in this city and county, and the formation of an association opposed to the adoption of the new Constitution; on motion a committee of four was appointed, consisting of the Hon. George Robertson, Wm. O. Smith, Geo. B. Kinkead, and Dr. John C. Darby, to present a suitable plan of organization. The committee retired, and in a few minutes returned and presented the following resolutions.

Resolved, That we will earnestly and firmly oppose, by all such means as may become necessary and proper, the adoption of the new Constitution; and that as a mean of effecting efficient co-operation, we hereby organize ourselves into an association, to be called "The friends of Constitutional Liberty in Fayette County."

Hughes, Thomas Hemingway, Richard Chiles
John Chisham, Ab'm. Bowman, James Sulli-
van, J. B. Cooper, Garrett Watts, Hiram Shaw,
P. E. Yeiser, Wm. Vanpelt, Gen. Wm. Bryan,
S. S. Grimes, Dr. G. B. Harrison, James Mc-
Neill, Daniel Brink, I. N. Yarnall, H. Lamme,
Gen. G. W. Darnaby, Roger Quarles, Edward
Hart, Jacob Hostetter, J. Glass Marshall, Col.
J. H. Chrisman, H. Elgin, John Caldwell, R.
Courtney, Talbott, John L. Elbert.

Vigilance Committee-Dr. B. W. Dudley,
E. S. Broaddus, A. B. Carroll, J. R. Sloan, É
W. Hunt, Geo. R. Trotter, Dr. John C. Darby,
Jacob Ashton, Geo. B. Kinkead, Elisha, N.
Warfield, Levi O. Todd, Dr. S. M. Letcher.
Secretaries-Wm. H. Brand, S. P. Scott,
Geo. W. Abernethy.

The resolutions were unanimously adopted, after which, the meeting adjourned to meet at the Court House, at half-past two o'clock, to hear an address from the Committee.

JAS. O. HARRISON, President. W. H. Brand, Secretary.

Pursuant to adjournment, the Association met at the Court House at half-past two o'clock, when the Hon. Geo. Robertson arose, and af ter a few preliminary remarks, in which he briefly but forcibly recapitulated the objec tions to the new Constitution, closed by readating the following address which was unanimously adopted.

Resolved, That our friends in all parts of the county be requested to organize themselves as soon as possible for the work before them; and employ all proper means for disseminating truth on the great subject to be decided the polls in May.

Resolved, That the following persons be appointed officers of this Association.

President James O. Harrison.

Vice Presidents-Jacob Hughes, Joseph Bryan, Benj. F. Graves, McCann, R. J. Spurr, John Cooper, O. D. Winn, Coleman Graves, John Lyle, John Q. Innes, James Morrow, Geo. W. C. Graves, John C. Hull, Wm. Cooper, W. M. Atchison, C. C. Moore, Robert Nutter, M. C. Johnson, Elisha Warfield, sr., Thomas

Upon motion of Geo. B. Kinead, 5,000 copies were ordered to be printed in pamphlet form for circulation.

W. M. O. Smith was then called upon, and in a short speech gave his reasons for opposition to the new Constitution. His brief remarks were impressive and effective After which the Association adjourned. JAS. O. HARRISON, Pres't. W. H. Brand, Secretary.

TO THE CITIZENS OF FAYETTE.

Fellow Citizens:--A portion of the citizens stituted as to operate as a wholesome check on of Kentucky lately assembled, from various the others; and, by thus preserving a conquarters of the State at the capitol, for the servative equilibrium of power, to uphold all purpose of organizing "the friends of Consti- guarantied rights against unconstitutional tutional Liberty" in opposition to the adoption encroachment by even a ruling party of the of the new scheme of Government proposed people themselves No limitation on legisla by the Convention elected to revise our exist-tive power would be effectual, nor any guaraning Constitution. The day of their assem- tee of life, property, or liberty of speech or of bling was auspicious to a happy result. On conscience availing, without a Judiciary armed the birth-day of Washington, freemen of Ken- with authority to expound and administer tucky met together in council to assert and all law, and so organized as to be able and maintain the principles of Washington; on willing to do justice between the high and the the anniversary of the commencement of the low, and maintain the supremacy of the Conglorious battle of Buena Vista, they commen- stitution in defiance of the seductions of popced a civil contest far more eventful-a battle ularity or the terrors of power in an ascendant of civil liberty-the battle of the Constitution party, however large or domineering. This, at -the battle of Kentucky; on the final issue of last, is the anchor of a free State-the palladwhich may depend the destiny of our distin-ium of true liberty and security. For want of guished Commonwealth.

such anchorage, every Republican Ship of State which the wisdom of antiquity or the patriotism of the middle ages ever launched on the ocean of popular will, has sunk under the waves of party passion.

In conformity to a suggestion by that as sembly we, citizens of Fayette, have convened at Lexington to pledge our zealous co-operation in the patriotic work it has proposed, and briefly, but candidly, to address our fellow Instructed by the experience of ag es, Washcitizens of the county on a subject most inter-ington, Franklin, Madison, and their compeers esting to us all, and to our children and children's children, for generations to come.

in the Federal Convention of 1787, constructed a national government on the true and only To be free is the natural right, as well as the available plan: and their mighty work is just instinctive desire, of all civilized men. If all ly considered the model Constitution of every men had the absolute liberty to do whatever free, virtuous, and enlightened people. Kenthey might will to do, no man could be secure tucky-the first born of the "old 13," fashionin the enjoyment of any right. Therefore ed her Constitution by that finished model. some common government over all, and with And hence our Constitution, under which we power to protect each in the enjoyment of the have lived and prospered for more than half a cardinal rights of life, liberty, property and century, may be justly said to be the offspring civil equality against a dominant party, is in- of the matured and rectified wisdom of the dispensable to the practical freedom and se- Father of his Country, and his enlightened curity of the citizens of every Democracy, of co-laborers in the cause of American liberty. whatever form. Liberty without security is a It is a shoot from the stock planted by their delusive mockery-it is anarchy, which is the hands-the anatomy is the same-every thing worst form of despotism. To secure to every organic, every thing vital, is essentially the citizen as much of natural liberty as may be same. And therefore, if one be radically defeccompatible with the stability of public au- tive, the other must be equally so-and, if the thority and the security of the fundamental frame-work of the one be right, that of the rights of all, is the great problem of Republi- other cannot be wrong. We are satisfied that can Government, which, if ever to be effectually in the stamina of a Republican Constitution solved on earth, has been already exemplified only by the Anglo-Saxon race in the present age, and in our blessed America. The American mode of effecting this great end-the desire of all just men-is by the adoption of written Constitutions, recognizing the civil equality of every citizen, imposing limitations on the power of numbers, and distributing all popular sovereignty among three co-ordinate bodies of magistracy, each the organ of the people within its separate sphere, and so con

each of them is as perfect as human wisdom will ever be able to make. But, like all the works of fallible man, both of them are, in some portions of their superstructure, imperfect, and might, in that respect, be improved. None of these, however, are esential to vitality or stability. No prefect Constitution will ever be made by the hands of man; nor, if such an one should be given to us by Omniscience, would we all be satisfied with it. Human wisdom will never make a Constitution which

Will be, in all respects, precisely what any one and the Constitutions of a large majority of of even those who made it would prefer: all will the States, and of all the slave States in the have some objection to it. And, consequently, Union except Kentucky, may be amendedevery citizen of Kentucky, who thinks for but withholds the right to make any change himself, has felt some objections to our Consti- whatever, however much or unanimously it tution, comparatively excellent as enlightened may be desired, in any other mode than by a candor must admit it to be. Each of us would Convention, and after a persevering and agibe pleased to see it amended if such partial tating struggle for at least seven years. And amendments as, in our judgments, would im- instead of changing merely the tenure of office prove it, could be adopted.-But none of us as proposed, it makes all Judges, as well as would touch a fibre of its roots: none of us almost all other officers, high and low, elecwould essentially change one of the three tive, reduces judicial tenure to unreasonably great organs of its being. Nor have we any short periods, and allows the Judges to be re hope that a Convention, constituted as the eligible. These changes are not only radical late one was, and determined to tear up the but essentially irreconcilable with those pro Constitution and plant a new one in its place, posed by the platform. Moreover, instead of will ever establish one as good, or which will such a re-organization of the County Courts live as long, or bear as good or as much fruit. as was contemplated, the Convention provides Under that old Constitution every citizen, for more than 300 new Judges, who, if they however humble, has enjoyed all the guaran- should be abler lawyers than the ordinary tied rights, and the Commonwealth has been Justices, must cost the state at least $150,000 distinguished by a prosperity and a name which should satisfy the reasonable ambition of any republic on earth.

Although every citizen of Kentucky has looked on its Constitution as imperfect, and would therefore have desired to alter it in such

annually-or, if they should not be jurists, will probably increase the drafts on the trea sury as much as $50,000 a year-all for nothing; the present County Courts costing nothing and doing their business as well.

In chaining down the Constitution to prea manner as would, in his opinion, improve it, vent alteration, the Convention, instead of yet, apprehending that it might be made worse progressing with the spirit of the age, has, by instead of better under the radical process of one gigantic leap, gone backward to the a total renovation by a Convention armed gloomy days of feudal lords and vassals-bas with power over the whole of it, an over- turned its back on modern light and on every whelming majority persisted in overruling a American precedent-has tied a Gordian knot call for such a Convention until the eventful which can scarcely ever be unloosed unless it year of 1847 when, as a consequence more of be cut-and would thus fasten on this generthe timidity of rival parties struggling for ation and its posterity a Government which, the predominance than of the deliberate however oppressive or odious it may become, choice of the people, an act was passed for but few men will ever hope to change othertaking their vote; and, chiefly as the effect of wise than by revolution. This surely is not the same paralysing circumstance, the call "progressive Democracy." We should suswas made rather by default. To enable pect rather it was a device of Whig lawyers the people to vote with their eyes open in the Convention, to damn the whole scheme to the consequences, the advocates of the call of the little Democratic majority in that published a "platform" of the reforms, for effecting which they desired a Convention. On that platform, believing it to be made in good faith, the people concurred in the solicited call. None of the proposed reforms would have made any radical change in the organic structure of the Government. The most essential and conspicuous of them were, Ist. A change in the mode of altering the Constitution, so as to allow partial amendments by votes at the polls without the expense, agitations and hazards of Conventions with full power to change the whole-and 2d. A change in the tenure of judicial office from life to a prescribed number of years-but disclaiming any purpose otherwise to impair the necessary independence of the Judiciary.

body.

Had the "platform" proposed such a Constitution we are satisfied that the call of a Convention would have been overruled by a majority as large as that which, relying on the published basis, voted for it.

And can it be beleived that the Judiciary, as constituted in the new plan, will be such as all experience demands and the theory of every American or modern Constitution (even this new one) requires for maintaining inviolate the guaranties of the fundamental law, and securing impartial justice between man and man? In the whole annals of jurispru dence no such judiciary ever proved adequate to either of these indispensable ends of every good Government. To declare that certain inBut, notwithstanding that implied pledge, dividual rights shall be sacred, or to declare the Convention has offered for adoption a new that the Legislature shall not invade any one scheme radically different from that proposed of them, is a humbug, unless the Constituto the people for their consideration, when they voted to try the experiment of reform. The new form not only does not permit the people to improve their Constitution by partial amendments, in modes similar to those by which the Constitution of these United States,

tion containing the declaration shall also pro-
vide proper and effectual means of maintain-
ing its supremacy over the repugnant will of
a dominant party, however strong.
this is not done, the practical power is not
where it ought to be, in the Constitution, but,

When

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