Caleb Wallace, Thomas Todd, JUDGES. 66 66 Felix Grundy, 66 Ninian Edwards, Robert Trimble, 66 William Logan,* 66 Geo. M. Bibb, John Boyle, 66 William Logan, 66 James Clark, William Owsley, The reports of the first, are in three volumes Benj. Sebastian, commissioned June 28, 1792.-of the second, in six-of the third, in seven Daniel Breck, In the year 1803, Muter, very poor and rather superannuated, was induced to resign by the promise of an annuity of $300, which, being guarantied by an act of the legislature in good faith, was complained of as an odious and unconstitutional "provision," and was taken away by a repealing act of the next year. The comprehensive jurisdiction of the court imposes upon it duties peculiarly onerous. An act of the Assembly of 1796, confers on this Appellate Court jurisdiction of appeals or writs of error, "in cases in which the inferior courts have jurisdiction." A writ of error may be one eent; but, by an act of 1796, no appeal can be prosecuted to reverse a judgment or decree, unless it relate to a franchise or free-. hold, or (if it do not) unless the amount of it, "exclusive of costs," be at leat $100. But in cases of decretal divorces, and in fines for riots and routs, the legislature has denied to the court any revising jurisdiction. Still, although it has no original jurisdiction excepting only Under the first constitution of 1792, the ap- in the trial of clerks, and although it has no pellate judges were required to state in their criminal jurisdiction in any case of felony, the opinions such facts and authorities as should average number of its annual decisions has, for be necessary to expose the principle of each many years, been about five hundred. The decision. But no mode of reporting the de-court is required to hold two terms in each cision was provided by legislative enactment year-one commencing the first Monday in until 1815, when the governor was authorized May, the other the first Monday in September; to appoint a reporter. Previously to that time, James Hughes, an eminent "land lawyer," had, at his own expense, published a volume of the decisions of the old District Court of Kentucky, rendered in suits for land-commencing in 1785 and ending in 1801; Achilles Sneed, clerk of the Court of Appeals, had, in 1805, un- A statute of 1816 enacted, that "all reports der the authority of that court, published a small of cases decided in England since the 4th of volume of miscellaneous opinions, copied from July, 1776, should not be read in court or cited the court's order book; and Martin D. Hardin, by the court." The object of this strange ena distinguished lawyer, had, in 1810, published actment was to interdict the use of any British a volume of the decisions from 1805 to 1808, decision since the declaration of American Inat the instance of the court in execution of a leg-dependence. The statute, however, literally islative injunction of 1807, requiring the judges imports, not that no such decision shall be to select a reporter. Geo. M. Bibb was the first read, but that "all" shall not be. And this reporter appointed by the Governor. His re-self-destructive phraseology harmonises with ports, in four volumes, include opinions from the purpose of the act-that is, to smother the 1808 to 1817. Alexander K. Marshall, Wm. light of science and stop the growth of jurisLittell, Thomas B. Monroe, John J. Marshall, prudence. But for many years, the Court of James G. Dana, and Benj. Monroe were, suc- Appeals inflexibly enforced the statute-not in cessively, appointed, and reported afterwards, its letter, but in its aim. In the reports, how and no term is allowed to be less than fortyeight juridical days. By a rule of court, any party may appear either by himself or his counsel, and in person or by brief. And a majority of the cases are decided without oral argument. ever, of J. J. Marshall, and Dana, and Ben.oftener filled by such jurists, had not a suicidal Monroe, copious references are made (without parsimony withheld from the judges an aderegard to this interdict) to post-revolutionary quate compensation for the talents, learning, cases and treatises in England, and now that labor and responsibility which the best instatute may be considered dead. terests of the commonwealth demand for the The Appellate court of Kentucky has gen-judicial service, in a court appointed to guard erally been able, and always firm, pure, and the rights and the liberties of the people, and faithful. It has been illustrated by some to settle conclusively the laws of the commonnames that would adorn any bench of justice or wealth. age of jurisprudence. And it might have been ADDRESS Address delivered by Mr. Robertson in the Chapel of Morrison College, on the 22nd of February, 1852, at the request of the pupils of the Law Department of Transylvania University. Kentucky could not, this day, perform a service more grateful or more useful than to commemorate, in a becoming manner, the double anniversary of the birth of the noblest of illustrious Americans, and of a battle which shed a bright halo of glory around the column of her own fame. The advent on earth of that wonderful man may be as eventful to the temporal, as that of the crucified Messiah will be to the eternal welfare of mankind. And, in the magic fight of Buenna Vista, Kentuckians stood, Kentuckian-like, side by side with gallant sons of other States, and, as a forlorn hope, against mighty odds, gloriously triumphed on that bloody and hard-fought field. We should honor the survivors of that devoted band and never cease to cherish the memories of those who, sealing with their blood! their own and their country's glory, fell, to rise no more until the judgment day. the troubled scenes of earth. Such, always, is the slow-ripening fruit of rare merit-the posthumous destiny of God-like deeds. Unheeded while he lived, Socrates, was doomed to the hemlock for teaching the ennobling doctrines of God's unity, and man's immortality, in defiance of the polytheism and carnality of an idolatrous generation. Gallithe fact, then deemed by the Hierarchy contraleo was a martyr to his premature intimation of to the Bible, that the earth revolves around the sun. Copernicus was dead long before his Bacon tasted none of the fruits of his novum theory of the solar system was acknowledged. organum, and died in disgrace before his inColumbus fell a victim of persecution without ductive philosophy obtained useful circulation. even the consolation of a prophetic glimpse of the glorious destiny of the American world or of the first Pioneer of its civilization. And Washhis own deathless renown as its discoverer and and more honored at his death-had, while he ngton, too-though more fortunate in his life, But the times make it more appropriate to lived, to encounter, like all human benefactors, this occasion to consider the life of the bene-envy, calumny, and blind party spirit; and took factor born than the history of that great victory won. A good man lives, not for the present chiefly, but for the future-not for himself only, but also for his country and his race. Such a man, pre-eminently, was GEORGE WASHINGHis was a model life. Full-orbed and spotless, its light may be as benificent to the TON. moral, as that of a cloudless sun is to the physical world. It was his lot to be born, to live, and to die in a country and at a time signally interesting and eventful to mankind -a country which seems to have been reserved by Providence as the fittest theatre of moral development and social progress-and a transition period when the condition of the old world supplied the fruitful seeds of civil and religious liberty for transplantation, growth, and fructification, on the virgin soil and congenial clime of the new. And, on that arena, and at that crisis, it was his fortune so to act his part in the momentous drama of his day as to embalm his name in the human heart as long as it shall beat with a virtuous or grateful emotion. Washington dead is, to the present and the future, worth even more than Washington living. Though one hundred and twenty years have elapsed from his birth and more than half a century from his death, his virtues are more fragrant and his name more hallowed now, than when he left than half a century, it would be the most happy leave of his country, unconscious that, in less statue would be the central figure in the panand hopeful under the sky, or that his own theon of men. But, though the declining sun of his earthly pilgrimage was partially obof his fame, rising higher and higher, scured by envious clouds, the serener star and growing in its ascent larger and more and beams with a matchless ray in the centre effulgent, has now reached its meridian of a constellation that will never fade away. The light that pours from that refulgent orb --unlike the lurid glare of Mars, or the meteor blaze of the victorious chieftain, or the deceptive phosphorescence of the demagogue-is chaste and parental like that of vestal fire gleaming on the altar of virgin purity; and will ever safely guide the virtuous citizen and statesman in the pathway of private, as well as of public life. This distinguished destiny was the offspring--not of furtune, nor of war, nor of what men call genius, but of right principles and unceasing allegiance to them-of constant devotion to duty in all the walks of life, and of an unreserved dedication of head and heart to virtue, to conntry, and to God. As a man, Washington was modest, selfdenying and upright-as a citizen, he was just, prudent, and patriotic-as a commander of armies, he was cautious, skilful, and firm-a a civil magistrate, he was wise, conscientious commemoration. It was his presiding influence and self-sacrificing-exhibiting in all his life, in laying the foundations of our Union; his agenpublic and private, in peace and in war, in cy in consolidating its peerless superstructure Church and in State, virtues and graces rarely, and, above all, the wisdom and benevolence if ever, combined in any other human charac-of his Farewell Address, which have contribter, and worthy of imitation by all men in alluted most to chrystalize his fame and to enconditions and in all times. He seems to have twine around it an amaranthine wreath of been born for his country, and his age; and the chaste and sun-light glory. country and the age seem to have been prepared by Providence for just such a man. With out his aid our country's independence might not have been achieved or blessed-without his counsels the Constitution of the United States might not, and probably would not, have been | adopted--and without his gurdian care and the magic influence of his name that hopeful offspring of "the times that tried men's souls," might and almost certainly would, have been strangled in the cradle of its existence. would be rewarded-our Country would be peaceful, happy, and truly great-and our institutions would soon be rightly understood and commended to all civilized nations. To contemplate such a character and review the life of such a man must be cheering and eminently useful. For that patriotic purpose chiefly, we have all come here to-day. We have not come to indulge in idle praises of the Father of his Country; his memory needs not our eulogy. Our purpose is nobler and more substantial far; it is to learn his principles and pledge our allegiance to them-to recite his counsels and resolve to follow them. And if every citizen of the United States would do this His administration of the Executive Depart in the proper spirit and faithfully profit by it ment during the first eight years after the in- as he ought, this Union would be impregnable auguration of the General Government was an-Justice would be sure-Liberty would be admirable illustration of the beau-ideal of a safe-Virtue would be encouraged-Talents constitutional President. Hecarefully studied his duty and sincerely endeavored to discharge it for the public good alone. No personal or party consideration controlled his official conduct. In appointing to important office he At a crisis so pregnant and novel as the consulted superior fitness only-detur digniori, present, the occasion of our assembling could was his maxim; and disregarding the importu-not be more appropriately or usefully improved nities of vulgar suppliants for place, and giv- than by considering our organic institutions, ing but little heed to subscription papers or and the precepts of him who was their chief other procured documents of recommendation, architect. But time will circumscribe our he always selected those he deemed best qual-present contemplations to a very general noified for the stations to which he called them.tice of the Constitution of the United States He considered his patronage as a sacred trust as it came from the hands, and was illustrated confided to him, and to be exercised by him, by the admininistration and the farewell adnot for his own gratification, but for his coun-dress of Washington. try's welfare; and he never presumed to per- The people of the thirteen North American vert it from its constitutional design or stooped Colonies, long trained to actual freedom and to prostitute it to any selfish purpose or am- social equality, felt it to be their duty to resist bitious aim. By his stoical firmness and com- the pretension of England to govern them "in prehensive patriotism he illustrated the true all cases whatsoever," without allowing them principles of the National Constitution, nour-the benefit of representation in the British ished and saved it in its perilous youth, raised Parliament; and, for concerting united oppoit to robust manhood, and, by his non-inter-sition, they constituted the first "Continental vention heroism in 1793, rescued his country Congress," which met in Philadelphia, Sept. from the vortex of the French Revolution, and 5th, 1774, with unlimited discretion to take set his seal to the only safe international care of "the common welfare;" and the conpolicy of Republics. stituent political bodies then, for the first time, But, though, in his moral and intellectual assumed the title of "the United States." character, he combined the cardinal elements That initial union, without any formal compact, of a good and great man--though his life hap-was not only voluntary as to its power and dupily exemplified the personal and civic virtues ration, but purely federal. During the revocrowned with the graces of a pure religion--lutionary war, which soon succeeded, "articles though, as commander-in-chief of our Revolu- of confederation" were adopted by the States, tionary Army, his Fabian prudence and extraor-each for itself, in its political capacity, and dinary self devotion earned for him a diadem of each, by express stipulation, retaining absolute honor eclipsing any that ever sparkled on the sovereignty. That league of independent head of an Alexander or a Napoleon, and though sovereigns, with no common umpire and withthe unanimous voice of his countrymen spon-out any other Government than the separate taneously called him to the first of civil sta-Governments of the States, each acting for tions-yet all these titles to grateful remem- itself alone, left the Union dependent on the brance, rare and distinguished as they were, would not consecrate, as it is consecrated, his birth-day to religious observance and patriotic will of each local sovereignty without any inherent power or principle of life. The common council was merely advisory. Its sphere of authority was quite cirumscribed, and con- That the constitution, as adopted, establishfined to what was "expressly delegated." It had no power to uphold even that. Its acts were addressed to States, and in no sense to persons; and were, of course, not laws, but recommendations merely, which might be observed or disregarded at the pleasure of all or any of the confederate States. federation had not one element or faculty That con of a common Government-to the existence of which the right to enact laws for the whole people and the self-sustaining power to enforce them against every citizen, are indispen sable. ed a General Government, supreme in its authority and national in its operation on the people of the United States, may be demonstrated by a consideration of the avowed objects of its adoption, of the history of its ratification in each State, of its provisions, and of its practical operation ever since it was announced as "the supreme law of the land." Such a Government could not be established without delegating to it portions of the independent sovereignty of the States as previously confederated. The people of the States alone had the authority to make that transfer, and thus modify and subordinate Wise and conservative men soon saw that their State sovereignty. And they did it— the maintenance of Union and of the liberties those of each State for themselves-just as which could not be assured without it would they established their local Government. The require a radical re-organization-substituting people of every State in the Union are india union of the people for that of States-a vidually parties to the constitution. It binds Government for a league-a National Govern- each and all-is addressed to each and allment for a confederate compact between inde- and is a law over each and all of them. The pendent sovereignties uncontrollable by any prominent objection urged in each State Convention against the adoption of it was that it Washington political power above them. constructed a National Government which urged the absolute necessity of some such would operate supremely over every person change in the principle of the Union, and within the limits of the Union, "any thing many of his compatriots concurred with him. in any State Constitution to the contrary notAs early as 1781, Pelatiah Webster, in an withstanding." And that objection was met, able pamphlet, demonstrated the insufficiency not by a denial of the allegation, but by arof the articles of confederation, and suggested guments to prove that such a Government was a Continental Convention for improving the indispensably necessary for the Union of the In 1782, Alexander States, the security of the people, and the instrument of Union. Hamilton urged the same thing, with objects maintenance of national honor abroad and of rather more explicit. In 1784, Noah Webster, peace and justice at home. A political constitution is organic law. The in one of his miscellaneous publications, pro- chief difference between a human and poliposed the adoption of "a new system of gotical constitution is, that the first organizes enment, which should act, not on the States, and constitutes animal life, and the last or but directly on individuals, and vest in Conganizes and constitutes political sovereignty. gress full power to carry its laws into effect." Each therefore, is for the same reason called So far as we know, this was the first proposi-a constitution, and is necessarily supreme, tion for a supreme national government-a fundamental and inviolable. constitution of national sovereignty instead of quently must be the true character of the "cona league among sovereigns. But often after-stitution" of the United States-so labelled on its front. It also constructs a complete wards many illustrious citizens urged the same thing. In April 1787, James Madison, in a machinery of National Government and elabletter to Edmond Randolph said: "I hold it for orately organizes National power. It was ina fundamental point that an individual inde-tended, therefore, to be law, fundamental and pendence of the States is utterly irreconcilable paramount: and to remove all doubt, the peowith the idea of an aggregate sovereignty. I ple, when they adopted it, stereotyped on its think, at the same time, that a consolidation face that it "shall be the supreme law of the of the States into one simple republic is not land." As such a law it has always operated less attainable than it would be inexpedient. Let it be tried then whether any middle ground can be taken which will at once support a due supremacy of the national authority, and leave in force the local authorities, so far as they can The people, in adopting it, expressly surbe subordinately useful. Let the National Government be armed with positive and complete rendered many of the highest attributes of authority in all cases where uniform measures State sovereignty-such as the power to coin are necessary, as in trade, &c., &c." This money, declare war, regulate commerce, estabwas, probably, the first recorded proposal of a lish post offices, impair the obligation of conConstitution of a General Government, na-tracts, pass ex post facto acts, emit bills of tional and supreme as to all national interests, credit, &c.; and delegated the most useful of and federal also with local supremacy in the these and other powers to the general GovernStates to the extent of concerns exclusively ment. The Union could not be preserved without a national government vested with supreme affecting each State seperately and alone. Such conse since the first inauguration of Washington; aud as such a law it will continue to operate as long as the Union shall last or the principles of Washington shall be generally respected. |