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during that entire congress, for the reason that the governor of Kentucky insisted that, in point of fact, there was no legal vacancy, and hence refused to issue a writ of election to fill a vacancy which did not exist."

John Young Brown had, in 1861 been elected to congress from a Kentucky district before he was eligible to a seat therein in point of age. Remaining quietly at home during the first session of the congress to which he had been chosen, he reached the constitutional age and took his seat during the second session. Denied a seat in the fortieth congress, he was subsequently returned several times to following congresses, where he made a reputation as an impassioned orator of the old-fashioned southern school, and, on one occasion, created a sensation by a bitter denunciation of Gen. Benjamin F. Butler, who was then serving in congress from Massachusetts, narrowly escaping expulsion for the extreme freedom of speech in which he indulged. Mr. Brown, after several terms in congress, retired to private life, engaging in the practice of law at his home in Henderson and re-entering the public service some years later as governor of Kentucky to which position he was elected by the Democratic party. Sometime after the expiration of his term as governor, he accepted the nomination of the "Sound Money" Democrats for the same position, but was unsuccessful at the election and did not long survive.

At the next state election in 1867, John L. Helm, the Democratic candidate for governor, received 90,225 votes; W. B. Kinkead, Union Democrat, 13,167; Sidney M. Barnes, Republican, 33.939. Helm's majority over Barnes was 56,286; over Kinkead, 77,058. The remainder of the Democratic ticket was elected by majorities approximately the same as those received by Governor Helm. Governor Helm, though taking the oath of office at his home September 3, owing to illness, never assumed the duties of the office he was so well qualified to fill. On September 8th this fine old gentle

man, a splendid type of the statesman of the older days, passed to the Great Beyond, there to meet his gallant son, Ben Hardin Helm, who had preceded him from the field of honor and glory where he had laid down his life without a stain upon the honored name he bore.

Following the death of Governor Helm, John W. Stevenson, the lieutenant governor, succeeded him, and was duly inaugurated as governor September 13th. He thereupon appointed Colonel Frank Wolford, late of the Federal army, as adjutant general, and Major Fayette Hewitt, late of the Confederate army, as quartermaster general. Each of these veteran soldiers rendered the splendid service expected of them by those familiar with their efforts under the two flags which they had followed in the great civil war. General Hewitt, in his first official report, had the honor to state that he had collected from the United States government $399,224 on account of war claims, and that $1,468,937 was still owing on the same account, proper steps for the collection of which were being taken. This sum was subsequently collected in large part and, in proof of its collection, the people of Kentucky are pointed to their splendid new Capitol at Frankfort.

When the legislature assembled, there was a vacancy in the chair of the presiding officer in the senate, owing to the succession of Lieutenant Governor Stevenson to the governorship, and the Hon William Johnson, a senator from Nelson county, was chosen to preside over the senate as ex-officio lieutenant. governor. In the January preceding the meeting of the general assembly, Garrett Davis had been elected a senator in congress from Kentucky, defeating Henry D. McHenry of Ohio county, by but two votes. In February, 1868, James Guthrie, who had been secretary of the treasury in the cabinet of President Pierce, resigned his seat in the senate from Kentucky and was succeeded by Thomas C.

McCreery. In August, 1868, Governor Stevenson, who had served since the demise of Governor Helm, as acting governor, was duly elected as governor, and B. J. Peters was elected to the bench of the court of appeals on which he was already serving.

The fourteenth and fifteenth amendments to the constitution of the United States-the first defining and conferring citizenship to the colored race and the latter conferring the right of suffrage upon the colored people-were respectively referred to the legislature and each was rejected, though shortly afterwards the announcement was made that each was operative by reason of having been ratified by the constitutional number of states. There were many reasons why these amendments should not meet the approval of the people of Kentucky, one of which was the kindly feeling toward the negro, and the fear that clothing him with the power to vote would array against him some of the white element which had not yet fully recognized that the negro was a free man. But there has been but little interference with the exercise of the ballot by those who opposed his having it granted to him. Men of both parties who have taken time to think seriously upon the sudden conferring of the ballot upon the negro, agree that it was a mistake. Taken from the hoe and plow, in a state of dense ignorance; taught by designing men that his former masters were his dire enemies, the poor, ignorant negro, became a tool in the hands of those who sought personal aggrandizement and cared not how they attained it. Today, the negro votes as he pleases in Kentucky and too often pleases to do so after the persuasive eloquence of a two dollar bill has been presented to his ever-listening ear. The ballot, ostensibly given him for his protection, has been made the cause of his debasement and, at the polls, he is as much the slave of the white man as in the days before the war. This indictment is against the men of both parties, as the negro voter has learned that his ballot

has a market value and he awaits the highest bidder before exercising the freeman's highest privilege and duty.

When the legislature met in December, 1869, there being a vacancy in the position of president of the senate, Preston H. Leslie, a senator from Barren county, was elected to that position. The term of Hon. Thomas C. McCreery as United States senator occurring in the following March, it became incumbent upon the general assembly to choose his successor. This was done after a very spirited contest, Governor John W. Stevenson being finally chosen. He thereupon, on the 10th of February, sent in his resignation as governor to take effect three days later. Preston H. Leslie, by virtue of being president of the senate, succeeded as acting governor for the remainder of the term.

In May of the same year, Preston H. Leslie was nominated by a Democratic State Convention for governor and John G. Carlisle for lieutenant governor, for the term of four years. For the other state officers, there were nominated D. Howard Smith for auditor; James W. Tate for state treasurer; John Rodman for attorney general; H. A. M. Henderson for superintendent of public instruction; and J. Alex Grant for register of the law office.

The Republican party nominated, as opposed to these gentlemen-John M. Harlan for governor; George M. Thomas for lieutenant governor; William Krippenstapol for auditor; Speed S. Fry for treasurer; William Brown for attorney general; W. E. Moberly for superintendent of public instruction; and J. K. McClarty for register of the land office.

The Democratic ticket was elected, the majority being reduced to about thirty-eight thousand by reason of the enfranchisement of the negroes, those latter in the first days of their freedom and the first exercise of the franchise, very naturally casting their votes in favor of the Republican ticket, not having yet learned the market value of the franchise.

The bill legalizing the admission of the testimony of negroes in the courts was passed in January, 1872, and received the approval of the governor, but before this date several circuit judges had received such testimony in the courts over which they presided. Among these were Judges William S. Pryor, William M. Randall, Martin H. Cofer, J. Crepps Wickliffe and H. W. Bruce. There was no dissent from the action of these judges, or that of the legislature, and from that date to the present the testimony of negroes has been received in the courts as a matter of course.

Benjamin J. Peters was elected to a seat on the appellate bench, as was William Lindsay, each to serve for eight years. The venerable George Robertson, on account of ill health, having resigned from the appellate court in 1871, was succeeded by William S. Pryor, who long remained on the bench as one of the great lawyers who have adorned the tribunal and who left it, full of years and honors, with the affectionate regard of all who were cognizant of his able and upright course as a judge. In 1884 Martin H. Cofer was elected to a seat on the appellate bench, which he continued to occupy with distinction until his death. Judges Lindsay and Cofer had each served gallantly in the Confederate army, the first-named as a captain and the latter as colonel of Kentucky commands.

The passage by the legislature of the act

legalizing negro testimony in the State courts removed a source of infinite annoyance to the people who had hitherto been required to appear before the federal court to answer the most trivial complaints made by negroes. In February, 1872, Judge Ballard of the United States District Court, took official cognizance of the passage of the act and its approval by the governor, and announced in open court that the jurisdiction of that court in all cases arising under the civil rights act, ceased January 3d previous, when negro testimony was authorized by the state.

Garrett Davis, a senator from Kentucky, having died in office, Governor Leslie appointed to succeed him Willis B. Machen of Lyon County, who had been a member of the Confederate congress. The general assembly, a few weeks before the appointment would have expired by law, elected Mr. Machen to that office. Thomas C. McCreery, who had previously served a fractional term in the senate, was chosen to succeed Mr. Machen for the full term of six years.

The representatives from Kentucky chosen at the election this year were George M. Adams, William E. Arthur, James B. Beck, John Young Brown, Edward Crossland, Milton J. Durham, Charles W. Millikin, William B. Read, Elisha D. Standiford and John D. Young, all of them being Democrats.

CHAPTER LV.

PRESIDENT PATTERSON AND THE STATE UNIVERSITY-THE NEW PRESIDENT, JUDGE BARKER -BLENDING OF CHURCH AND STATE CONTROL-EARLY SCHOOLS IN THE STATE-STATE AND LOCAL AIDS-HIGHER EDUCATION FIRST "OLD FIELD" OR DISTRICT SCHOOLS"YANKEE" SCHOOL TEACHERS-ELEMENTARY INSTRUCTION-DISCIPLINING THE TEACHER-EDUCATION OF FEMALES-CENTRE COLLEGE (CENTRAL UNIVERSITY OF KENTUCKY).

It is a pleasure to leave the field of battle and of politics, and to turn to that of education. Heretofore, this story has concerned itself in many respects, with the combats of mortal enemies. Now that the "birds have built their nests in the cannon's mouth, and stopped its horrible din," the mind of man may consider what is best for the youths who are to come after the men who fought the battles of the country and who, for four years, held the center of the stage.

It is well to consider here the State University, as it is called today, though it has known more than one name and has languished under more than one title, only to flourish under another. It is impossible to contemplate this great school of learning without, at the same time, recognizing that splendid Scottish gentleman and scholar, James Kennedy Patterson, who stands at the very head of those who have made their life-work the education of the youth of Kentucky. From sources so various, that it is here impossible to give, as original, the story of his early life, the present writer is forced to use many statements and to give at once credit to all these sources without enumerating one in particular. It has been the purpose of this present writer to state, in his own words, all facts relative to the history of Kentucky, but in this instance, he is forced to depend upon other writers so numerous as to forestall the giving of that credit due to each.

He feels that this explanation is due since he wishes to be considered responsible for every word used in this volume.

The State University has had, to the period when this work was begun, but one president, and that was James Kennedy Patterson. The following biographical statements are reprinted from several sources and are believed to be correct. They supply not only a biography of President Patterson, but the life story of the State University:

"James Kennedy Patterson was born in Glasgow, Scotland, on the 26th day of March, 1833. With his parents he came to America when he was but nine years of age and settled in the southeastern part of Indiana, which was sparsely inhabited and where school facilities at that time were very meager. He had no educational opportunities until 1849, when for two years he attended a school in Madison, Indiana. During 1850-51 he taught school near this place, and in the latter year entered the preparatory department of Hanover College. The four years following he taught school and attended college alternately, and in 1856 graduated. For three years after his graduation from college he held the position of principal of the Greenville Presbyterian Academy at Greenville, Kentucky, but in 1859 accepted the chair of Latin and Greek in Stewart College, Clarksville, Tennessee. In 1861 he was called to Lexington to accept the prin

cipalship of the Transylvania High School, which he held for four years. He was also professor of Latin in Morrison College, from 1866-69 and of history and metaphysics in the Agricultural College of Kentucky University from 1866-9. From 1869 until 1878 we find him president of the Agricultural College of Kentucky University, and in 1878 he became president of the State College of Kentucky, which position he has so ably filled to the present time.

"From the year 1878 dates the existence of

the heart of every student in the college, of every graduate who knows the history of his Alma Mater, and of every true citizen of the grand old commonwealth who can appreciate the effort and energy of a great man in attempting to attain his ideal.

"President Patterson received the degree of Doctor of Philosophy from Hanover College, Indiana, in 1875, and that of Doctor of Laws from Lafayette College, Pennsylvania, in 1896. "Governor Leslie, in 1875, in canvassing the state to find the man who would best represent

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