LIFE OF WALTER QUINTIN GRESHAM

1832-1895


CHAPTER I
BIRTH, ANCESTRY, AND EARLY YEARS

Mrs. Gresham's birth and ancestry - Conditions in Kentucky in the 40's and '50's - Her father's  religion and politics 
Meets Walter Q. Gresham, a law student at Corydon
- His birth and ancestry
Account of "Old Uncle Dennis" Pennington, one of Indiana's first settlers and foremost anti-slavery men
Pennington's Long Legislative Career
- Change of Indiana's capital from Vincennes to Corydon
Harrison County's first settler, Major John Harbison - Rescue of Harbison's stepchildren from the indians

Gresham's school days, study of law and admission to the bar - His partnership with T. C. Slaughter - Early  practice.


I was born in Louisville, Kentucky, February 11, 1839. Thomas McGrain, my father, was a native of Dublin, Ireland. After the execution of Robert Emmet, my grandfather kept up his opposition to the British government until he learned that if he would escape prosecution, and perhaps the fate of his leader, he must leave his native land, so he fled to America. He brought with him his two sons  Thomas, my father, then seven, and James, two years younger and settled at Pittsburgh, Pennsylvania. It was planned that my grandmother, Catherine Bacon McGrain, and the two daughters, Eliza and Marie, who were older than the boys, should follow when a home had been prepared. But they never came. Instead, on the death of my grandfather, which occurred a few years after his arrival in Pittsburgh, they accepted the invitation of my grandmother's only brother, Major Matthew Bacon, an unmarried man, to make their home with him in Dublin.

Matthew Bacon had entered the British army in early youth as an ensign, served his crown loyally through many grades, mostly in India, until retired as a major, and then lived to a ripe old age. He died in 1867, at No. 3 Hume Street, Dublin, surviving his sister and nieces. After their death my Uncle Matthew wrote, in 1862, that while he would liberally remember his church (the Roman Catholic), he did not propose to leave it his all, and he wanted my sister, Lyde, to come and cheer his declining days. She went to Dublin, lived with him until he died, and then remained there. My father said he was glad to have my sister go because it closed the family breach that had existed since Emmet's time. Matthew Bacon's sympathies, like those of many British subjects, whether Englishmen or Irish, during our family quarrel, as I prefer to call "The War of the Rebellion" or * The War between the States," went with the American government, and he was much gratified that my husband went into the "Yankee" army. Thus he ran counter not only to the views of his government, but also to the views of his nephew, my father, and of his grand-niece. I early learned that we should be tolerant of the opinions of others and that political views never should, as they too often do, mar social relations.

My grandfather left some money to his two sons, which their guardian appropriated to his own use. That inbred Irish spirit of revolt and his strong trait of self reliance prompted my father, while yet in his early teens, to lead his brother from the guardian's home. They went to work for a tinner, the first opening that presented itself.    They soon learned the trade, and before his majority my father had a shop of his own. He prospered, and in due time married Matilda Reed, the daughter of a Presbyterian minister from the north of Ireland. From Pittsburgh, with his young wife, he moved to Frankfort, Kentucky, where he established a tin and hardware store. His business prospered at Frankfort, but he wanted a larger field, so he moved to Louisville, where he built a foundry for the manufacture of stoves. The Louisville venture succeeded from the start. We first lived on Second Street, in the house still standing next to Christ Church on the north. It was there I was born.

My father was born a Roman Catholic, but had become a Methodist. Later on he became a Presbyterian, through the influence of my maternal grandmother, Jane Gray, who lived with us. But with all my father's changes of religion, he never entirely lost his predilection for and connection with the Roman Catholic church. Every Christmas he gave a present to all the Catholic orphans in town. For a time he sent several of my sisters and myself to a Roman Catholic convent at Bardstown, Kentucky.

One day my father brought home with him, from the Catholic orphan asylum, a boy named Daniel G. Griffin, who had come to work in the store. His parents were Irish immigrants, who had settled for a time in Nova Scotia, but died soon after they reached Louisville. I remember my mother saying, "We have eight children now; don't you think we have enough without adopting others? His answer was Irish: "But, my dear, I was an orphan once myself." That settled it. Dan was received into the family, educated with the rest of us, and sent to the Kentucky Military Institute along with my brother Tom. The only time he ever crossed my father was when he "went in" as Adjutant of the 38th Indiana Volunteers. Before his death and before the close of the war, he was a brevet brigadier general of volunteers.

While my father was a pro slavery man, he was not, at least at the start, wedded to the system. He early took to other kinds of property than the few slaves he owned. I only remember Horace, the porter in the store, and a few household servants —Winnie Johnson, the cook, her son, Booze, and a couple of maid servants. I called Winn "Mammy." She was always my friend, and made me the confidant of all her secrets, except who was Booze's father. My mother with her Pennsylvania training never could comprehend the negro character, and was not unlike many a woman who had even been reared among them, no match for them in finesse.

In politics my father was a Whig and a great admirer of Henry Clay. On the occasion of one of Mr. Clay's visits to Louisville  it was before 1850 my father took my eldest brother, one of my sisters, and myself to a reception at the Louisville Hotel to see him. I still remember how gracious Mr. Clay was to me, a small girl. When the Whig party broke up and the American or Know-Nothing party took its place in Kentucky, my father became a Democrat, and later, after the assaults of the Abolitionists, an extreme pro slavery man and Secessionist.

One summer we occupied the country place of General, afterwards President, Zachary Taylor, a few miles east of Louisville on the Ohio River. It was considered an old place even then. It was built in 1790 by Richard Taylor, a Virginian by birth, one of Kentucky's early leading citizens and the father of Zachary Taylor.    It still stands well preserved.

There was a path the darkies had, near to and up and down the river, with by-paths which they traveled at night from one place to another. The whole family, including the darkies, lived well. My father's business often took him to New Orleans. He sent us thence oysters by the barrel, bananas by the bunch, and venison by the quarter. Many were the midnight suppers old Winn had in the kitchen. While my father was a most liberal provider, he insisted on young girls eating light suppers. Often I would get up in the night and partake of Winn's spread. "Just starvin the chilun to death," she would say. And then when I would not want to get up in the morning and could eat nothing, my father was sure I had eaten too much supper. But he never knew about the second supper. Old Winn was an excellent cook but never had a recipe. After I was grown I asked her for one. Her answer was, "I ain't got no receipt.' "How do you cook without a recipe?" I inquired. "I jest makes things accordin' to what I'se got,' was her reply. We liked the Taylor place so well we stayed there a year. I remember that at Christmas I saw and enjoyed eggnog for the first time.

The taste for country life thus acquired led my father, on October 10, 1849, to trade with Colonel Peter Kintner for the Cedar Glade Farm, near Corydon, Indiana. A store on Main Street in Louisville was given for the farm. Of course, the Colonel got the better of the bargain. He was able to live in ease in Paris on the rental of the store, which enhanced in value as the years went by, while we lived in Louisville and on the farm, and kept open house at both places.

By the middle of the '50's we gave up our Louisville residence, but my father continued in business there until 1862. My father was not a sharp trader; he never made money that way. He was an easy master. He made it possible for Horace to buy his freedom. Horace was an educated darkey, and the superintendent of a colored Sunday school in Louisville. Before his freedom I often went with him to teach a class of eight little mulatto girls, pretty and almost white. Several were the daughters of their masters.
There was not much severity or physical cruelty visited on the slaves in Louisville or in that part of Kentucky with which I was familiar. The fear of being sold down the river was a great deterrent influence on the slave, and public opinion had its restraining influence on the master. A sale "down the river" always created a great commotion among the slaves and the children. The slaves never protested to the masters, but the latter always heard of it, for the white children never failed to carry the statements made by the slaves to the elders, would ask questions, and avow their sympathy in terms that hurt more than the assaults of the Abolitionists, who, we were taught, were fiends incarnate.

Winnie, our cook, and her son Booze went with us to Indiana. The boy remained there and thus secured his freedom. While Winnie was in Indiana she was free, but a slave when she returned with us to Kentucky  a status that illustrates the Dred Scott case. But Winnie was only a nominal slave; when she tired of Corydon she would go to Louisville. She died there shortly before the breaking out of the war. One day, when he was making a fire, Booze showed me the inside of his hand and said: "See, Miss Tillie, She getting white. I'll be white same as you when I gets to heaven." Flint indeed would have been the heart that would not have been touched by such a plaint! And the generous sentiments of the child were reflected in the utterances of the early Southern jurists.

The Massachusetts Abolitionists like Wendell Phillips were not the only men who at that time realized that slavery was a mistake from an economic standpoint. My father saw it, and it was partly to get away from slavery that he bought his Indiana farm; and yet he became a violent Secessionist. There were men in Kentucky who had inherited slaves, but who, aside from the question of morals, preferred other kinds of property because they regarded it as more profitable and safer. They converted their, marketable darkies into other property. The movement down the river was narrowing slave property. And in the Cotton States the negroes were as well cared for as in Kentucky. They were too valuable animals not to have the best of medical attention. The aged and infirm the Kentuckians could not sell, and they could not emancipate them without giving a bond that they would not become public charges. The bond involved liabilities that young men did not like to incur. They coined the expression "nigger man," which they applied to the man who owned large numbers of slaves. But the great mass of the large slave holders outside of South Carolina were not Secessionists. They called themselves Cooperationists. "Cooperate and compromise," was their platform.

October 12, 1832, Mississippi prohibited, after May 1, 1833, the importation of slaves to be sold as merchandise, and after January 1, 1845, even actual settlers could no longer bring their slaves with them into the State. But the "unconditional and immediate emancipation" of the Abolitionist platform terrified them, and so "riled" the hotheads that Beauregard fired on the flag at Sumter before Jefferson Davis gave the word. I believe Mr. Davis did not want that shot fired. Recognized as one of the most capable military men of the South, the little Frenchman never afterwards was a favorite of the President of the Confederate States of America. The bombardment of Fort Sumter illustrates the folly of leaving to the discretion of a mere military man the decision as to whether or not a nation shall be plunged into war. Since the war many a Southern man and woman, in the privacy of the home, has made this criticism of Jefferson Davis. At times he left too much discretion to subordinates, at others not enough. Over and over I have heard them say that that shot at Sumter was a mistake. Surely a whole people should not be punished for the mistakes of a few leaders.

While I was a school girl at Cory don, fourteen years of age, I met a young law student, Walter Quintin Gresham. It was at a party. I was the "little girl in a red dress" chaperoned by two older sisters. Not yet twenty one, tall, handsome, and always well dressed, his antecedents and his character came under the closest scrutiny of my family. He was the pupil of Judge William A. Porter. After the fashion of many of the lawyers of that time, Judge Porter had his office in the same yard or enclosure within which stood the residence, a handsome brick dwelling. The law office in one corner of the lot was one story of two rooms with bookcases extending from the floor to the ceiling on all the walls, and filled to overflowing with text books and reports. It stood under a great elm tree with its front door opening into the street.

Colonel William Gresham, the father of Walter Q. Gresham, was born in Mercer County, Kentucky, September 17, 1802. He was the eldest son of George Gresham, who was born near Petersburg, Virginia, October 9, 1776. Lawrence Gresham, the father of George, was born in England. In 1759, when a small boy, Lawrence was sent to Virginia to live with his uncle, "indentured", it was called. After securing his "freedom" at his majority, Lawrence served for a time in the ranks-of the Continental army. While yet a young man, George Gresham joined the stream of emigrants pouring into Kentucky. He "carried along" with him his father, Lawrence, then in feeble health, and his mother. In 1801, in Mercer County, Kentucky, George Gresham married Mary Pennington, the only sister of Dennis Pennington, who was foremost in shaping the constitutional and public policy of Indiana, and who was the first counselor and adviser of Walter Q. Gresham. And safe and sane '' Old Uncle Dennis " proved himself to be.

In 1809 George Gresham moved his family, and entered land in Harrison County, Indiana, where the hamlet of Lanesville is now located. He gave ground for the churches and graveyards. In one of these cemeteries there are buried Lawrence, George, and William Gresham, representing three generations, and representatives of several subsequent generations.

The mother of Walter Q. Gresham, Sarah Davis, was born near Springfield, Washington County, Kentucky, September 15, 1807. Her father, John Davis, a native of Virginia, was of Scotch Irish descent, and while yet a boy was brought by his father, Edward Davis, with the balance of the family, from Virginia to Mercer County, Kentucky. There were five hundred in the company including the slaves. John Davis married, in Mercer County, Kentucky, Sally Sitz, a woman of Welsh parentage. In 1815 he moved to Harrison County, Indiana, taking with him the minor children of his large family of ten sons and six daughters. Of the sixteen, fourteen lived to be three score and ten and several past ninety, and all reared large families. Sarah, one of the youngest, whose statements were the basis of many assertions in this volume, was but five months short of one hundred when she died.
November 3, 1825, William Gresham married Sarah Davis. They went to live in a log cabin on land his father had entered, within a mile of the father's house. On this spot Sarah lived eighty one years.

William Gresham was elected by popular vote a colonel in the State militia, and in 1833, although a Whig, was almost unanimously elected sheriff of Harrison County. January 26, 1834, he was stabbed and instantly killed while aiding a constable to arrest a desperado named Levi Sipes.

There survived William Gresham, his widow, Benjamin Q. A. Gresham, two daughters, Mary Andremead and Sadie, and two younger sons, Walter Quintin, born March 17, 1832, and William G., born July 30, 1833.

Sarah Gresham had anti-slavery views as strong as any Abolitionist's. She told her boys stories of the evils of slavery. She often dwelt on the fact that she and her sister had told "Uncle Anthony" in Kentucky that it was a sin to sell Madge down the river from her baby. She took pride in the fact that her father moved to Indiana Territory because Kentucky was a Slave State, and she was fond of telling how, when a very young man, he refused as a gift from his father a strong young negro to help him in his farming. She was wont to say, "Slavery is a sin." But she could and did "separate the sinner from the sin," for she was tolerant, and instead of envying the Southern women their negroes, she pitied them. With but a few years' schooling in Kentucky and Indiana Territory, and none of the advantages of travel, she had a facility, directness, and force in expressing her views seldom excelled. And what is difficult for most women, she could listen until it was her turn to talk.

In one respect only did the boys give the mother anxiety. It was right for them to go out to battle for the Union, or, as she saw it, to free the slaves  but she interdicted their going to the Ohio River to swim. In this she could not control them. It was four miles to the river, through rugged, hilly country called "The Knobs," but as elevating to the imagination as the mountains of Switzerland. The boys grew rapidly, and were large and powerful for their ages. Each had a horse, a hunting dog, and a gun, and early developed into good marksmen. They were favorites arid natural leaders. At sixteen Ben was stronger than any man in the entire neighborhood, and possessed physical and moral courage of the highest order. As the two younger boys developed, they were only behind Ben, of all the men in the neighborhood, in physical prowess.

As the Gresham boys grew up, they conducted the farm and went to school in a log schoolhouse that stood in the Gresham woods. Walter was the student of the three, and was the image of his father. He studied botany in the fields. He knew every tree, flower, and shrub, and spear of grass, their seeds, and how they germinated. He studied the birds and animals. When fifteen years of age, happy in the possession of his first pair of boots, Walter went to church. The church services were held in the evening in a log school-house. During the service a heavy rain fell, swelling a small creek they had to cross to get home, almost beyond fording. The minister, being a small man, hesitated when they came to the stream, remarking, "I fear to try to cross." Young Gresham told him if he would get on his back he would carry him across. The minister did so, reaching the other side in safety. Some one asked the boy if he did not feel afraid to undertake it. "No," he said, "why should I, when I had the man of God on my back?"

Dennis Pennington, "Old Uncle Dennis," was appointed by the Circuit Court of Harrison County, administrator of Colonel Gresham's estate, and by the Governor, sheriff of Harrison County, to fill out the unexpired term. He was approaching sixty at the time he became a candidate to succeed himself, and his opponent, a young man, made a speech at a gathering in which he said that Pennington, although a worthy man, was incapacitated, by reason of the infirmities of age, longer to serve the people. In his reply "Uncle Dennis" said he would challenge his opponent to a wrestling bout, and if he could not speedily demonstrate his superiority he would retire from the contest and urge all of his friends to vote for the younger man. The challenge was declined, and Dennis Pennington was triumphantly elected to the only lucrative office he ever held, unless it be taking the census of Indiana Territory in 1815 or the census of Harrison County, Indiana, in 1850.

A Whig in politics, Dennis Pennington never hesitated to oppose the principles and traditions of his party. As a candidate for lieutenant governor of Indiana, he opposed internal improvements and especially the construction of the Wabash and Erie Canal. He argued that the construction of the railroads, which would soon come, for they were a success in the East, would destroy the utility of the canal and entail a loss of all the money expended on its construction. Limited in education, phonetic in his style of spelling, Dennis Pennington was impassioned at times, and almost always, where many educated and talented men fail, effective as a public speaker. But the people of the northern and central parts of the State went almost solidly against him and he was defeated. And although much of the water of the Wabash River, it is said, was used in the construction of the Wabash Railroad, its operation soon verified Dennis Pennington's prediction.

"Old Uncle Dennis" was generous with the widow and the young children in the division of the fees which had accrued at the time of Colonel William Gresham's assassination. Samuel J. Wright, for convenience of administration, was appointed guardian of the five Gresham children. But it was only a nominal guardianship. The mother and "Uncle Dennis" looked after them.

The mother married Noah Rumley. From this marriage, there were three children. Anthony named after Anthony Davis died in infancy. Mandy and Kate lived to mature womanhood, Kate to three score and ten. For their younger half sisters, the boys always manifested the greatest solicitude, while the girls in turn thought their big brothers were invincible. They saw them followed by droves of boys, who made the Gresham homestead their headquarters. During a visit to a neighbor in the southern part of the county in the midst of the war, Kate heard a great deal of the Knights of the Golden Circle, and how they were going to subvert the government. While the meetings were held at night, they were not secret, and were attended by men from Kentucky. One morning at breakfast, after an all night session, Kate said to the head of the family, "Ben and Wat and Bill will soon be home from the army and you had better be careful about your meetings." After that the meetings of the Knights were in secret.

The views of the mother, supplemented by the stories of "Old Uncle Dennis" and the sermons of Dennis's brother, the Reverend Walter Pennington, an itinerant Methodist preacher, made the Gresham boys anti-slavery as they lisped their alphabet. It was partly for Walter Pennington that Walter Quintin Gresham was named.

Because of his relations with Walter Q. Gresham, and because he was one of the foremost men, if not the foremost man from a practical standpoint, in the formative days in Indiana, Dennis Pennington and his family deserve more than passing mention. He was born in Cumberland County, Virginia, May 18, 1776, the fourth son of Edward Pennington, who reared six children, five sons and one daughter, Mary, who married George Gresham.

In the Fall of 1797 Dennis Pennington rode with Henry Clay much of the way from Virginia to Kentucky. He seconded Henry Clay in the latter's efforts in 1799 to make Kentucky a Free State, she had come in in 1792 as a Slave State, and then went prospecting on the north side of the Ohio River in the Northwest Territory. Meanwhile he farmed, taught school, and married. At Louisville he crossed the Ohio to Clarksville, laid out in 1784 on part of "Clark's Grant" of 150,000 acres of land given by the State of Virginia to General George Rogers Clark and his troops for capturing Kaskaskia and Vincennes.

On his way to the legislature, to conventions, to the river, or just to see the boys, "Old Uncle Dennis" would stop over night at the Gresham homestead. His visits so excited her boys, the mother said, that she sometimes dreaded his coming. "Wat would ask questions until midnight, tumble and toss the balance of the night, and then pester the life out of us for books about France, Spain, George Rogers Clark, and the Northwest Territory."

It was from Dennis Pennington that the Gresham boys first heard the story of how Clark, with a few Virginia troops and frontiersmen, took Kaskaskia and Vincennes, and added to the Union all the territory northwest of the Ohio River. At both these places he found slaves, who had been introduced in 1700, and it was his assurance to the French that Virginia, a Slave State, would allow them "to retain their possessions and to enjoy their ancient rights and liberties," that caused them to side with him and make his conquest of the British garrison at Vincennes possible. "Early was the seed of strife sown," said "Old Uncle Dennis," and Walter Q. Gresham never forgot this in all his contact with the pro slavery men.

Uncle Dennis told the boys of his many visits to General Clark; how he often found him in his log home, looking out on the Falls of the Ohio and berating the injustice of his native State and of the National government. Long before General Clark took to strong drink, lands granted to him by Virginia had been sold on execution on judgments that had been taken against him on bills he had drawn on Virginia in payment of supplies for troops who, under his leadership, were carrying her flag to victory and glory. Not until the time of, and due to the efforts of Senator Daniel W. Voorhees, did the United States pay the estate of George Rogers Clark the obligations it assumed when it "took over from Virginia the Northwest Territory." The old man also told the Gresham boys how, in his bitterness and resentment to his native land, General Clark accepted a commission as major general through Citizen Genet of the French Republic, but for the sole purpose, as Dennis Pennington always contended, "of driving the Spanish from the Mississippi Valley." Their American history the Gresham boys learned as they learned their letters, and as well.

Clarksville, now almost deserted, was at the time of Dennis Pennington's first visit a pretentious village. Located at the foot of "the Falls," General Clark expected it to become a great city, but when the steamboats came it was no place for them at low water, and at high water the swift current and "big eddy" made it a dangerous place for boats to land. The '' Buffalo Trail,'' which became the Vin-cennes Road from the Falls, ended at Clarksville, for there the buffalo crossed the Ohio River in their migrations from the Illinois or prairie country to Kentucky.

It was out the Buffalo Trail, or the Vincennes Road, turning to the south at the head of "the Knobs," that the Harbisons, Penningtons, Rumleys, Davises, and Greshams went into the country lying between the Vincennes Road and the Ohio River. And thus it was that the first settlement in Harrison County, south of the Vincennes Road and before the settlement at Corydon, was at Lanesville, nine miles southwest of New Albany, as the crow flies.

It was near Lanesville that William Pennington, Dennis's brother, settled, lived, and died. According to the local historian, elder members of the Pennington family were in advance of Dennis in Indiana, and settled in Lanesville in 1792. But according to the traditions in the Gresham family, the Penningtons were not the first settlers in and about Lanesville. The mother of Walter Q. Gresham is my authority for the statement that Major John Harbison preceded them all.

Major Harbison was a native of Pennsylvania. One of the traditions is that he was a Revolutionary soldier, but more likely he got his title as an Indian fighter. He moved to Kentucky, and there is no doubt he was as desperate an Indian fighter and daring an explorer in the Northwest Territory as Boone was in Kentucky. As a man of affairs and as a legislator he was Boone's superior. That he was in Indiana and camped in and about Lanesville as early as 1792 is possibly true. He may have been there even earlier, for he crossed from Kentucky and Tennessee to the lake region many times, at periods when it was more dangerous to traverse that region than to go through Kentucky.

During the period between the treaty of peace with Great Britain in 1783 and Jay's treaty in 1794, the treaty of Greenville in 1795, and the supplementary treaties with the Indians when the latter finally acknowledged the supremacy of the ''Thirteen Fires," the thirteen original States, Major John Harbison was typical of the men who persisted in boring into the Northwest Territory in defiance of the British soldiers still at Detroit and near Fort Wayne, of the Indians, of the congress under the confederation, of Washington himself, and of the government under the Constitution. Claiming the country by conquest because the ally of the Indians had surrendered at Yorktown, the hardy backwoodsman was as merciless as Walter Q. Gresham thought the government of the United States became to the aborigines.
But when Major Harbison first visited the Lanesville neighborhood, he was not then seeking a place to settle; he was searching for Mrs. English's children, who had been stolen by the Indians. Dr. English was killed by the Cherokee Indians at Bean's Station, Tennessee. Among the children carried into captivity were Mrs. English's two daughters, Elizabeth and Virginia, and a son, Matthew.

"Get me my children and I will marry you," is the way the widow answered Major Harbison's proposal. He first stole Virginia away from the Indians and then effected Matthew's exchange. Elizabeth, who was four years old when she was captured, had lost all knowledge of her own tongue at thirteen when she was recaptured by ''stratagem." Matthew, her brother, when the Major's party located her near Detroit, returned to the wigwams, saying he was disgusted with the whites and would never again leave the Indians. After a few days the Indians' suspicions were allayed, and Elizabeth was allowed to go to a distant spring. There she was prevailed on, almost compelled,  by her brother and Major Harbison to start with them at once for Kentucky. After a few years she regained her own language, and in Marion County, Kentucky, married Dennis Pennington.

Virginia English, always called "Jinnie," married William, or "Billy" Pennington, in 1804. It was one of the first marriages in Indiana Territory, and the first in what is now Harrison County. This is a matter of record. They always lived near Lanesville, within a mile of where Walter Q. Gresham was born. Jinnie had a mind of her own. One day, after she and Billy had been married fifty years, with children and grandchildren scattered over several counties, Billy came home in great trepidation. "Jinnie," said he, "we must hitch up at once and go to Cory don and get married over again. The preacher who married us has been indicted for horse stealing, and the conference has met and taken away his license, thus rendering null and void all his acts. We must get married over again at once, I tell you," Billy concluded. Jinnie argued that a marriage that had been contracted in good faith and lived up to for fifty years could not be affected, no matter what might have happened to the preacher who tied the knot. Billy was insistent, and the discussion became warm. Finally Jinnie closed the debate: "Well, when Jinnie marries again it will not be to Billy Pennington."

Splendidly endowed by nature, Aunt Jennie was a frequent and always welcome guest at the Gresham homestead. Sometimes her visit would run into days. "Aunt Betsy," as Elizabeth Pennington was called, was not behind her sister in natural gifts, to which was added all the finesse and cunning of her childhood's captors. And when it came to Indian stories, Aunt Jennie did not have to draw on her imagination. She had all the tribes and the chiefs at her fingers' ends. She could tell about Harmar's and St. Clair's defeats, and of "Mad Anthony" Wayne's victory, and of scores of Indian fights not mentioned in any of the local histories.

Elizabeth and Virginia English Pennington were supposed to be distant connections of William H. English, the Democratic candidate for Vice President in 1880, and a leading man in southern Indiana in ante-bellum days.

Major John Harbison died of cancer on May 1, 1829, and was buried in a cornfield a few rods back of his home and about half a mile west of Lanesville, on the south side of the present New Albany and Corydon Pike and within a mile of where Walter Q. Gresham was born. For years the children were frightened by stories about his ghost and the ghosts of the Indians he had slain appearing' just after nightfall.  Here it was he built his first log cabin. It was years before he entered the land, for it was not until after the final treaties with the Indians in 1804 that the land offices were opened up. No stone marks his grave, although for that time he was a man of means and owned much realty. In 1818 it is recorded he sold one tract for $2,000 cash. His will, which was probated May 4, 1829, and recorded in Will Record "A," at page 154, discloses that while he acted with Dennis Pennington in politics as an anti-slavery man, he did not free all his slaves. The appraisement of his personal property is interesting as disclosing the values of that time. One bay mare and colt were valued at $30; one speckled cow and calf, at $7; one long horned cow and calf, at $10; while a white backed heifer was considered to be worth $3. Seventeen head of young hogs were valued at $12; one clock, $30, and one secretary, $20.

A grandson of Major Harbison, James Harbison, was a schoolmate of Walter Q. Gresham. During the Civil War Jim belonged to the Knights of the Golden Circle, but was one of the Knights who voted for Gresham for Congress in 1866 as against his own party candidate, Michael C. Kerr.

Elvira Boone was the first white child born in southern Indiana outside of Clark's Grant. She was born at Laconia, Boone Township, Harrison County, in 1804. Elvira's father, George Boone, was a cousin of Daniel Boone. George Boone and Squire Boone, a brother of Daniel Boone, were among the early settlers in what is now Boone Township, Harrison County. They were friends and fellow explorers with Dennis Pennington, but, unlike him, they were pro slavery men. As woodsmen, the Boones were Dennis's superiors, but when it came to politics, Dennis Pennington, supported as he was by his stepfather-in-law, Major John Harbison, excelled them, as he did the other pro slavery men. After Indiana became a Free State some of the Boones returned to Kentucky. One, Hiram, became one of the large slave holders in Meade County, and after the Civil War moved to Texas.

It was in the Summer of 1801, or 1804, most likely the latter year, that Dennis Pennington and his party of explorers selected the forks of Indian Creeks, now the town of Corydon, as the site of his future habitation. There were schools of fish in the streams, and game abounded. They made a small clearing, planted some turnip seed, and went back to Kentucky for the women, children, and household effects. When they returned six weeks later, they were surprised to find the deer had not disturbed the turnips, which had fully matured. Within the present boundaries of Corydon, Dennis made his camp and built his log cabin near the spring, in part shaded by the great Constitutional Elm, so called because some of the sessions of the convention that adopted Indiana's first constitution were held under its expanding arms.

In 1815 Dennis Pennington moved to a point four miles northwest of Corydon on the Vincennes Road, "the Barrens it was called, because of the absence of timber. His brother, Walter, soon joined him there. Here they built a log Methodist meeting house, Pennington's Chapel. In the old churchyard sleep Dennis and Walter and many of the younger generations of the Penningtons.

Before selecting the Corydon site, Dennis Pennington made a number of trips through the Indiana wilderness. On one he followed the Buffalo Trail from Clarksville to Vincennes, where he first met William H. Harrison, who, on January 10, 1801, assumed the reins of the Indiana territorial government, which had been organized March 3,1800. He had previously visited Cincinnati and Chillicothe, the latter the capital of the Northwest Territory. At Chillicothe he conferred with General St. Clair, the Governor of the Northwest Territory, and also with Thomas Worthington, a Virginian who had freed his slaves, about fifty in number, and moved with them in 1797 to Ross County, Northwest Territory, settling near Chillicothe. The anti-slavery people in that part of the Northwest Territory soon to become the State of Ohio, had succeeded in being cut off from their pro slavery fellows in what is now Indiana and Illinois.

Never for self or pelf, and one of the best practical politicians of his or any other time, Dennis Pennington decided to go into the contest in Indiana. As a matter of policy he supported Governor Harrison and Attorney General Randolph, a pro slavery Virginian, in their official aspirations.

December 28, 1802, Governor Harrison, as president of a convention that he had been instrumental in assembling in Vincennes, memorialized Congress to suspend for ten years the Sixth Article of the compact between the United States and the people of the Northwest Territory, "that there shall be neither slavery nor involuntary servitude in said territory, because it had prevented the country from populating and had been the reason of driving many valuable citizens possessing slaves to the Spanish side of the Mississippi.

It was from the lips of that old Virginian, Dennis Pennington, that Walter Q. Gresham first learned that it was John Randolph of Roanoke, the chairman of the committee of the House to which this memorial .was referred, who on March 3, 1803, wrote the report against it.

Then, on September 22, 1803, Governor Harrison and Judges Vanderburgh and Davis provided for the introduction of slavery under the indenture system and made these indentures assignable. These laws were mainly copied from the Virginia and Kentucky codes. Under the ordinance of July 13, 1787, until the legislative period arrived, the governor and judges were the legislative body. Indentures drafted under these laws were for forty, fifty, and ninety years. Judge Vanderburgh was a slave holder and he held slaves until his death at Vincennes in 1817.

Indiana Territory having attained a population of 5,000, the requisite number under the ordinance of July 13, 1787, to entitle it to a legislature, its first General Assembly was elected, met at Vincennes July 2, 1805, and confirmed the governor's and judges' indenture law. Under the ordinance, while the lower house of the legislature was elected by the people, the upper house, or the "council," as it was called in the ordinance, composed of five members to serve for five years, was selected by the president from ten names nominated to him by the members of the House. Instead of selecting the five men, President Jefferson delegated this authority to Governor Harrison by inclosing to the governor commissions signed in blank. Governor Harrison filled in the blanks with pro slavery men. And thus it was that the Second General Assembly of the Indiana Territory, on September 17, 1807, without the pretext of the indenture laws, provided for the introduction of slavery into the territory. Herein lay the cause of the Reverend Walter Pennington's bitter assailment of Thomas Jefferson.

These laws, retained by the Illinois territorial legislature and validated by the Illinois Constitution of 1818, became infamous in history as "The Illinois Black Laws." In them Abraham Lincoln could not even make a dent. The Illinois Supreme Court was rendering decisions on the question of slaves and the Black Laws until 1865.1 And not until the adoption of the Fourteenth Amendment to the Constitution of the United States were they finally got rid of.

October 10, 1807, Dennis Pennington was one of the speakers at the famous mass meeting at Springville, Clark County, Indiana, at which the doctrine of " Squatter sovereignty/' or "Leave it to the people/1 was first advanced. Springfield was the first county seat of Clark County. Not a vestige of it remains today.

After reciting the history of the slavery question, the Resolutions proceeded:

As to the interest of the Territory, a variety of opinions exist; but suffice your memorialists to state, that it is a fact that a great number of citizens in various parts of the United States are preparing to and many of them have actually emigrated to this territory to get free from a Government which tolerates slavery. The institution of slavery is either right or wrong, and if Congress should think with us, that it is wrong, that it is inconsistent with the principles on which our future constitution is to be formed, your memorialists will rest satisfied that at least this subject will not be by them taken up until the constitutional number of the citizens of the Territory shall assume that right.

Congress concluded to leave it to the people. As to who actually drew this Springville memorial, the record is silent, but as to who wrote its principles into the statute and constitution of Indiana, there is no ground for speculation. "Let Governor Harrison be reappointed and let Jonathan Jennings go to Congress; what we want is the legislature, said Dennis Pennington.

February 27, 1809, Congress amended the ordinance of July 13, 1787, providing that the councilors, or upper branch of the legislature, should be elected by the people, and authorizing the governor to apportion the territory for this purpose. In the apportionment a councilor and a member of the House were given by Governor Harrison to Harrison County, which on April 11, 1808, had been organized out of Clark and Knox counties.

At the election, April 2, 1810, Major John Harbison, Dennis Pennington's stepfather-in-law, was elected councilor from Harrison County, while Dennis Pennington himself was elected from that county to the House, where the anti-slavery men were in an overwhelming majority. When they assembled, over anti-slavery men like John Paul and Richard Rue, soldiers of George Rogers Clark and General William Johnson, Dennis Pennington was elected Speaker of the House, and continued to be re-elected to that position at each succeeding session of the territorial legislature.

At the first session in 1810, not only did Dennis Pennington lead in repealing the legislation we have mentioned, but he took the affirmative and helped pass the acts prohibiting the introduction of indentured negroes into the territory, the act against the unlawful removal of negroes from the territory, and the act against kidnapping. The kidnapping of a favorite, and there were such cases, aroused the greatest resentment among the anti-slavery people.

Repressive laws against emancipation and attachment for certain of their slaves, especially those who had been domestic servants, brought many negroes or mulattos to the Northwest Territory. The few slaves the Penningtons owned they freed before they left Virginia. But "Aunt Fannie" did not want to be left behind, so she was carried along to Pennington's Chapel. She lived for years in Walter Pennington's family and died one of the free negroes of Corydon.

It was the rough and uncouth Dennis Pennington who drove Governor Posey out of Corydon, not the chills and malaria, for there was just as much of the latter in early days on Silver Creek, at Clarksville, and on Beargrass, at Louisville, as on Indian Creek, at Corydon. A Virginian by birth, rising to be a colonel in the Continental army, General Posey had been a member of the Kentucky legislature and a senator from Louisiana before President Madison appointed him Governor of Indiana. Succeeding Governor Harrison, the head of the pro slavery party, Governor Posey at sixty three, in feeble health and never much of a politician, was no match for Dennis Pennington, then in his prime, with the territorial legislature in the hollow of his hand.

As the census enumerator in 1815, Dennis Pennington carried the anti-slavery propaganda into every household. And as a means of stirring up the people to elect the right kind of delegates to the convention that had been authorized to submit a State constitution, Dennis Pennington objected to Governor Posey to the return of negroes and mulattos claimed as fugitives, and there were such,  without what is now called "due process of law, or contrary to his act against kidnapping and the fugitive slave law that President Washington had signed. June 10, 1816, that convention, with Dennis Pennington one of its members, met and wrote a clean cut anti-slavery clause in the constitution for the State of Indiana.

The efficiency of Dennis Pennington's system is attested by the fact that during the decade from 1810 to 1820, the number of free negroes in Indiana increased from less than 400 to over 1,200, while in Illinois they decreased from 600 to 450. During the same period, the number of slaves in Illinois, under the "Black Laws/1 increased from 168 to 917. In Indiana, in 1800, there were but 28 slaves; in 1810, 237, due entirely to the governor's and judges' laws. The territorial legislation of 1810 arrested their increase, and in 1820 the Indiana Supreme Court, at one sitting, in construing the anti-slavery clause of the Indiana constitution freed all slaves then in the State except the few who were held as slaves prior to the ordinance of June 13, 1787. In keeping faith with the French at Kaskaskia and Vin-cennes, Governor St. Clair with Washington's approval had held that the ordinance did not free any persons who were slaves on and prior to the date of its enactment. Dennis Pennington also helped to abate the pro slavery movement to Missouri via Clarksville and the Vincennes Road. If the negro slave, while his master was on his way through Indiana, ran off, the master received no aid from the State in capturing the runaway. The Louisiana Supreme Court had declared that one breath of free air with the master's consent rendered the slave forever afterwards free. But in Illinois it was different. The "Black Laws and "comity will protect the slave holder " while passing through Illinois. Hence it was that the route via Shawneetown, Illinois, to Belleville and East St. Louis, and thence across the Mississippi, became the popular route for the Kentucky and Tennessee slave holder migrating to Missouri.

One day Dennis Pennington said, "Boys, the capital will have to leave Vincennes and come to one of the river counties. For us to get it at Corydon, we must have ready a fine county courthouse, suitable for the capitol, in which the Legislature and Supreme Court may meet, when we ask them to come. Accordingly, in 1811, the Harrison County Courthouse was completed. It is still standing, a two story building, sixty feet square, with walls of stone two feet thick. One of the few historic buildings in the Mississippi Valley, the State has taken steps to preserve it.

February 12, 1813, Dennis Pennington, as a member of the legislature from Harrison County, introduced the following resolution: "Resolved, that the capital be removed from Vincennes, because it is dangerous to continue longer here on account of threatened depredations of the Indians, who may destroy our valuable public records." It passed unanimously. Then the lobby talked about Harrison County's fine courthouse. March 11, 1813, Corydon, by the act of that day, was named the capital from and after May 1, 1813. There it remained until 1824, when it was moved to Indianapolis.

When the Mexican War came on, Ben Gresham was nineteen. He and Edward L. Pennington, of the second generation of Penningtons, immediately enlisted in the Second Indiana Volunteers. Pennington was elected second lieutenant, and Ben, over many men twice his years, first sergeant of Company "I" of that regiment.    Its colonel,
William Bowles, was a friend of Jefferson Davis, and afterwards, as a member of the Knights of the Golden Circle, in southern Indiana, received a commission from the President of the Confederate States of America. This regiment was afterwards called the "Running Regiment." But Ben always claimed that the running retreat at Buena Vista was due to express orders which he heard Colonel Bowles himself give.

The return of Ben from the Mexican War enabled Walter, then seventeen years of age, to accept the place "Uncle Dennis" had arranged for him in the office of his guardian, Samuel J. Wright, auditor of Harrison County. The boy entered upon his work with a zest. His first task was as minute clerk to the board of county commissioners. His nights were devoted to study. When fall came, he retained his position, doing his work at nights, and attended the Corydon Seminary, conducted by James G. May, a descendant of the North Carolina Quakers who settled Salem, Washington County, Indiana. In two years young Gresham completed the course of study in May's Academy. His acquaintance grew rapidly, and he soon was a general favorite with all classes in town.

That service as amanuensis to the board of county commissioners was an admirable apprenticeship to the law. " Uncle Dennis " divined what was in his favorite. An order that the boy wrote helped formulate at the dictation of the three unlettered men, he soon heard denounced on the streets of Corydon by Samuel Keen, an eminent lawyer, as the "ultimatum" of the board of county commissioners. "They possess more power than the Legislature, the Governor, and the Supreme Court combined," declared the irate lawyer. One of the anomalies of our American system is that boards of county commissioners possess legislative, executive, and judicial powers of the highest order.

William T. Otto, who lived in New Albany, but whose duties as Circuit Judge brought him to Corydon at stated intervals, took an interest in the young student and early directed his reading in the English classics. Judge Otto, a native of Philadelphia, where he studied law in the office of one of the Ingersolls, and afterwards became reporter of the Supreme Court of the United States and one of the best educated and accomplished lawyers of his time, united with "Old Uncle Dennis" in advising the boy to study law, and stimulated the youthful mind by legal stories. One that made an indelible impression was how Horace Binney, the best of all the Philadelphia lawyers, spent a year in London, England, searching the unpublished records, and reviving the memory of the old clerks who could tell of the saying of this or that chancellor, and then came back and defeated Daniel Webster, in the Girard will case.

Meantime Walter Q. Gresham was transferred to the office of the clerk of the courts of Harrison County. When court was in session he entered the orders in the order book as they were made by the judge, and in vacation made up a complete record of the decided cases. In this way he acquired an insight into the practical workings of a lawsuit and learned much of the unwritten law precedents and gossip that is so valuable to the practicing lawyer and judge on the bench.

The Winter of 1850 and 1851 he again taught a term of school in the log schoolhouse on the Gresham farm. He had taught his first term before he turned sixteen. He was an exacting teacher, and more progress was made by pupils in that six months than in the same length of time before or since, according to the statements of some of those who were in attendance. School out, he returned in the spring to Corydon and worked in the office of the clerk of the county until the following September, when he entered the Indiana State University at Bloomington, where he remained but one year.

In September of 1852 he took up the study of law in the office of Judge William A. Porter, who was a graduate of Miami University and had settled in Corydon in 1827. In his legal education, so far as it bore on the slavery question, he was fortunate, as will appear in the next chapter, in his technical legal preceptor, whose exposition of the underlying principles, with the concrete illustrations from actual life which "Old Uncle Dennis" furnished, were so luminous that it was a delight to dig into the musty law books. Judge Porter, the typical old style lawyer, tall, gaunt, cold, calculating, well-to-do, and conservative to the last degree, was a master of his profession. He had served as prosecuting attorney and probate judge, and for those days was a lawyer of wide practice and experience. He also had had much experience as a legislator, having served four terms in the Indiana legislature, during one session as speaker and two terms in the Upper House or Senate. In those days there were few law schools. The one connected with the State University at Bloomington, in which Judge Otto was a professor, Walter Q. Gresham had not the means to attend. But he gained from Judge Otto as much as he would have derived as a member of his law school  more, perhaps. Judge Porter was a teacher as well as lawyer, who, according to the usage's of those times, took the pains to instruct his pupil. The practical knowledge of forms and court procedure that Walter Q. Gresham had acquired dispensed with instructions on theories. It was with principles that the judge familiarized his pupil. And in the beginning of that course parts of Blackstone's and Kent's Commentaries, definitions and legal terms, were so well memorized that they never were forgotten. Environed as he was, Walter Q. Gresham gained a better literary and legal education than nine tenths of the modern college and law school graduates. In that little office under the great elm tree he spent his days and most of his evenings for almost two years. Meantime he joined the Masons, mingled much with the people of the town, went to parties, and deprecated the activities of the Underground Railroad.

April 1, 1854, on the motion of Judge Porter, young Gresham was admitted to practice in the Circuit and Common Pleas Court. Soon afterwards a partnership was formed with Thomas C. Slaughter, his senior by fifteen years, under the firm name of Slaughter and Gresham. Mr. Slaughter was a man of much business and legal ability.

The junior member brought to the firm an important piece of litigation. May 18, 1854, the partition suit of Stanley Young, Jr., against his brother Robert H. Young, his mother, and his other brother and sisters, was begun in the Harrison County Circuit Court. Stanley Young, Jr., had been a schoolmate of Mr. Gresham's at Corydon. There was a bond of sympathy between them in that each had lost his father at the hand of an assassin.

Although not of age, Stanley Young had been named as one of the executors of his father's will. During the July term, 1850, of the Harrison County Circuit Court, Colonel William C. Marsh shot and killed St. Clair Young, Stanley's father, in a quarrel which grew out of a trivial affair. Marsh was indicted for murder, but after continuing the case from term to term, his lawyer, Samuel Keen, in September, 1853, when the State was not ready, forced it to trial, and secured a verdict of "Not guilty." Judge Otto was on the bench. Both Marsh and Young had large farms on the Ohio River and were men of wealth for those days. St. Clair Young left a large amount of personal property and much real estate in Harrison County, also property in Meade and Hardin counties, Kentucky. In the will, which was written in his own hand, Young recited that one of his sons-in-law, John Timberlake, had received more than his wife's share of the estate, which should be considered as an advancement in adjusting the interests of the other children, and that as he disliked him, his son-in-law Timberlake should account to the estate for all over and above what Mrs. Timberlake would take as an heir. By another provision a trust was created for the benefit of Mrs. Timberlake and her minor children. But in the event that she should many again, it was provided she should lose certain provisions that were peculiarly favorable to her. She promptly renounced the will and took what the law allowed in such cases. It was a complicated lawsuit from the beginning, and was not finally settled until August, 1861. Stanley Young was a delicate, silent young man, but a thorough gentleman. Unlike Mr. Gresham, he cherished a resentment against the slayer of his father. At first it was expected, or rather feared, that some day he might resort to violence. As the years passed and nothing happened, it was supposed that he had forgotten his malice, when, suddenly, in 1858, during a term of court at Brandenburg, he shot Colonel Marsh dead without warning, and at the risk of killing his friend and attorney, Mr. Gresham.

As a lawyer, Walter Q. Gresham was a success from the start. He developed at once into a good advocate, without the florid style of oratory then so common. He possessed invective and could be impassioned, but in the main he addressed himself to the reason of his hearers, whether on the bench, on the jury, or at the hustings. He studied the reports of the English common law and chancery courts, and especially the decisions of Chief Justice Marshall and Chancellor Kent, and attempted to acquire their exactness of language and clearness of statement. Simplicity coupled with clearness is the most powerful weapon in debate. He early realized the flexibility of the equity principles of Chancellor Kent, in seeking fraud and deceit, and was able to apply them at the bar and subsequently on the bench. The moral side never escaped him. The expression, "sound in morals as in law," afterward used from the bench, sometimes brought criticism on him, from lawyers, litigants, and interests whose schemes to defraud he would "cut across lots" to circumvent.

One of his contemporaries, a Virginian by birth, Judge W. N. Tracewell, himself a successful practitioner, told me that up to the time Walter Q. Gresham went on the bench he enjoyed the trial of a lawsuit more than any man he ever knew. As a young man, he had no fear of meeting the older members of the bar and was put up against them by his partner and his old preceptor.

The practice of Slaughter and Gresham extended to a large part of the Second Congressional District, which was composed of the counties of Clark, Floyd, Harrison, Crawford, Perry, Scott, Orange, and Washington. The partners went regularly to all terms of court in Crawford, Orange, Washington, and Perry counties. Judge Slaughter was born in Corydon, but his parents were Kentuckians. The 'firm also had business in Meade, Hardin, Breckinridge, and Hancock counties, Kentucky, and, in turn, had much of the business of the Kentuckians who came to the Harrison County courts. In those days, there was great commerce on the Ohio River, and much admiralty business fell to the firm of Slaughter and Gresham. Mr. Slaughter was of a delicate constitution, and as he disliked traveling, the circuit rounds of this work devolved on the younger man, and it was to his liking. His old preceptor, Judge Porter, employed him to look after much of his business and to try or assist in the trial of all cases on the circuit. He followed the business of the firm to the Supreme Court of the State and in the Federal courts at Indianapolis. And as a young housekeeper, I know their practice was remunerative.

Next Chapter