Lawyers and Lawmakers of Kentucky, by H. Levin, editor, 1897. Published by Lewis Publishing Company, Chicago. Reprinted by Southern Historical Press. p. 167. Nelson County. JOHN ROWAN. Among the eminent lawyers and statesmen of Kentucky whose names have shed luster upon the state, that of John Rowan deservedly stands pre-eminent. He rose early to prominence at the bar, and for nearly fifty years, during which he filled many high offices,--on the bench and in the state and national councils,--he was recognized as the peer of the ablest of that galaxy of lawyers and statesmen of his day, whose lives and talents have given to the commonwealth an enduring fame. He was born in York county, Pennsylvania, in the year 1771, his father and mother having been born in the same county and neighborhood. He came, on his father's side, of a sturdy Scotch-Irish descent so largely represented in the early history of Kentucky, while his mother, whose maiden name was Cooper, was of Quaker descent. His father, William Rowan, held a valuable office under the crown, but this did not have the effect in the least of weakening his patriotism, for he raised and commanded a company in that struggle. His generous nature had led him to impair, through assistance to others, his own and his wife's very ample fortune, and he lost from the ravages of the war much of the little that he had left. At the close of the war, with the hope of repairing his shattered fortune, he emigrated from Pennsylvania to Kentucky (then a district of Virginia) in the wild lands of which he had invested the remnant of his fortune. He arrived at Louisville in March, 1783, and finding the locality uninviting from prevailing sickness, he resumed his journey the following spring, and settled at the falls of Green river, on land which he had bought before leaving Pennsylvania. After remaining there several years amid the exciting scenes of the frontier, he removed to the vicinity of Bardstown, for better educational opportunities for his children. At Bardstown John Rowan attended the celebrated school of Dr. Priestly, where he received a classical education, having as schoolmates Felix Grundy, Joseph Hamilton Daviess, John Allen and others who rose to distinction. Here his mind began to give evidence of his future greatness. He mastered with ease all the studies of the school, and earned from his accomplished teacher the encomium of "a good scholar, a man of genius." By the light of a cedar torch he studied the classics, and drank in those treasures of the ancients which abided with him to the last. Learning was with him an ambition,--not pursued merely for momentary gratification, but to give nourishment and stimulus to his strong natural mind, that it might grow and expand under the culture of the great masters of antiquity. He exhausted the authors studied by him, the intimate thoughts of the Greek and Latin poets and prose writers became familiar to him, and he acquired from these that Roman majesty of character so uniquely his in after life. After quitting the school of Dr. Priestly, Mr. Rowan was sent by his father to study the law under that master of jurisconsults, George Nicholas, at Lexington. Nicholas was the personal and political friend and confidant of Thomas Jefferson, and was a man of commanding abilities and great professional learning. This is clearly proven by the fact that the young men who were his pupils became the most successful and celebrated lawyers of their generation. Joseph Hamilton Daviess, Isham Talbot, Jesse Bledsoe, Solomon P. Sharp, William T. Barry, John Pope, Robert Wickliffe, John Rowan and others of almost equal celebrity were pupils in his office, and constituted a group of most remarkable men and lawyers. In the study of the law his progress was equal to the wishes of his most sanguine friends, so much so that Nicholas--a man who never flattered--after due probation, pronounced him a thorough lawyer and sent him forth, in his emphatic language, "to succeed." He was admitted to the bar in 1795 and soon attained a high rank in his profession. In 1799 he was elected a member of the convention which framed the second constitution of Kentucky. In 1803 he became involved in a personal difficulty with one Dr. Chambers, of Bardstown, and although he sought to avoid a duel, being forced into it by his adversary, he killed him. Felix Grundy, who was the commonwealth's attorney at the time, resigned his office to avoid prosecuting. In 1804 he was appointed by Governor Greenup, secretary of state, and served until 1806, when he was elected to congress from the Bardstown district, in which he did not reside,--a compliment accorded to no other, it is believed, in the history of the state. He took his seat in 1807, and served with distinction in the eleventh congress. He then devoted himself to the practice of law. His success in civil causes was great, for he was a thorough lawyer, and he brought to their investigation an uncommon fund of learning, which, though not usually possessed by lawyers, is largely auxiliary to the attainment of success. "His mental organization," says one of his early biographers, an eminent member of the bar, "was fitted for advocacy more than the duties of a mere barrister in civil causes, and his wonderful success in defending criminals marks him as having been one of the greatest advocates of America. It may seem to some that this is claiming too much for him, but the annals of the profession, neither in England nor the United States, present a parallel to his success. * * * In defense of life, Rowan stands alone. * * * There was no resisting him, either with the torrent force of his reasoning he tore away the obstruction of prejudice and convinced the jury, or, with the deep and impassioned relation of the wrongs which had induced the commission of an apparent crime, he so filled their hearts that they gave way to mercy in tears. Many jurymen who sat under his eloquence, have said that there was in the manner and the oratory of Rowan a force that overcame them ere they could steel themselves against it,--nay, that they believed to resist him in a capital case was almost impossible." All of his efforts at the bar were in defense and not in the prosecution of unfortunates, with one exception. When very young and poor, he was appointed public prosecutor by, perhaps, Judge Crosby; the place was a sure road to eminence and a lucrative practice. He accepted it, and the first case was a charge of larceny against a widow's son. He prosecuted and convicted him. His feelings overcame him. He resigned, moved a new trial and obtained it; and at the next term acquitted the offender. From that day forward he resolved never to engaged in the prosecution of his fellow man, and that he kept his resolve is shown by his declaration in one of the greatest speeches of his life, made in the successful defense of the Wilkinsons, at Harrodsburg in 1838, (reproduced in "Carlton on Homicide"), that in his nearly fifty years of practice he had never taken a fee nor appeared as an attorney for the prosecution of a fellow man. Whether the reasoning that influenced his course can be sustained or not, his steadfast adherence to his resolve, to his great pecuniary disadvantage, must challenge the admiration of all. He served in the legislature as a member from Nelson county five consecutive terms--from 1813 to 1817--and in 1819 was appointed by Governor Slaughter judge of the court of appeals. While on the bench he delivered, among other able opinions, on against the constitutionality of the act of 1816 rechartering the Bank of the United States. But the confinement of the bench was distasteful to one of his active habits, and he resigned, after serving two years. The state was in a ferment, growing out of the financial embarrassment which had long distressed the people, and he became conspicuous as a member of the Relief party, which sought to avert the disasters that seemed to threaten general bankruptcy. His services at this juncture are a part of the history of the state; and as an example of his logical power, as well as full presentation of the views and reasons of those up-holding relief enactments, the preamble to the legislation adopted in 1825, condemning the court of appeals for their decision in the case of Lapsley versus Breashear, is commended to the curious reader. In 1823, in conjunction with Mr. Clay, he was appointed by the legislature a commissioner to represent the state before the supreme court, in defense of what was known as the occupying-claimant laws of Kentucky. The petition in the case was drawn by Judge Rowan, and was regarded as an able vindication of those laws; but the court decided them to be in conflict with the compact with Virginia at the time Kentucky became a state. In 1824 he was elected to the United States senate and served until 1830. The debates of the senate during the period of his service show that he participated in the discussion of all the leading questions of the day, and his speeches are largely quoted in Benton's "Abridged Debates." In the discussion upon the bill to abolish imprisonment for debt, and that to amend the judiciary system of the United States, he took a conspicuous part, while upon the resolutions of Mr. Foote, he shared the honors of the debate with Webster, Hayne and Calhoun. Mr. Webster declared that his argument in support of the state-rights theory was masterly in the extreme. One of his biographers has justly said of him: "In him centered the chivalry of Kentucky character; not the gusty and evanescent spirit too prevalent in some quarters, nor the staidness of demeanor approaching cant, to be found in others, but that just medium which betokens sincerity, kindness and resolution. The characteristics of his constituents were reflected in his senatorial career; and while Kentucky has a name in the territorial divisions of our country she may look upon that career with pride and point to that son as an object worthy of emulation." One of Judge Rowan's characteristics was the helping hand he gave to young men in his profession. Many of the most prominent lawyers and jurists of their day read law with him, among them Governor Lazarus Powell, James Guthrie, Judge Henry Pirtle, and Judge John McKinley of the United States supreme court. The last public office he filled was that of commissioner under the convention at Washington for the adjustment of claims of citizens of the United States against Mexico, on the 11th of April, 1839. In this he labored with great assiduity; and when, upon an adjournment of the commission he had returned to his family in Kentucky, and from a temporary indisposition of health he was unable to return to Washington at the time expected, he resigned his office for fear there might be some disappointment to persons who had business before the tribunal, such was his delicate appreciation of public duty. On the organization of the Kentucky Historical Society in 1838 he was elected its president and held the position until his death. He was devoted in friendships and hated no man; was exceedingly urbane in his manners; hospitable, kind in his habits; of uncommonly interesting colloquial powers. In person Judge Rowan was six feet one and a half inches high, very erect in carriage, with broad shoulders, large, massive head crowned with thick hair. His strongly marked face betokened the character of the man and plainly hinted at his Scotch origin. His presence was stately in the extreme and imposing. He has been described when in excitement of debate as leonine in appearance. He was contemporary with Henry Clay, John J. Crittenden, Ben Hardin, Richard M. Johnson, William T. Barry, and Solomon P. Sharp, and took rank with the foremost as a leader in formulating public opinion and in the defense of the institutions of a free and enlightened people. His wife, who was a sister of General William Lytle, a prominent and wealthy citizen of Cincinnati, and the grandfather of the distinguished young federal general of the same name, who lost his life at Chickamauga, was a lady well fitted, in all the charms of womanly grace and virtue, to be the wife of such a man; and their home, "Federal Hill," in Nelson county, was the hospitable resort of all the prominent persons of that period, and of their relatives and friends. It is said that it was a visit to that hospitable mansion that inspired Stephen C. Foster to write "My Old Kentucky Home." Although Judge Rowan retained his home in Nelson county, he purchased a residence in Louisville about 1817, and divided his time between the places. He died in Louisville on the 13th day of July, 1843, and was buried in the family burying grounds at Federal Hill. Although he had a family of three sons and six daughters, but four of his children survived him, viz: John Rowan Jr., Mrs. Ann R. Buchanan, Mrs. Alice Wakefield, and Mrs. Elizabeth Hughes,--all of whom have been dead many years. Rowan Cooper Chambers Lytle Buchanan Wakefield Hughes = Jefferson-KY Fayette-KY York-PA http://www.rootsweb.com/~kygenweb/kybiog/nelson/rowan.j.txt