James Garrard
Encyclopedia
James Garrard was an American soldier who served as the second Governor of Kentucky
from 1796 to 1804. He was also a Baptist
minister, but his secretary of state, Unitarian
minister Henry Toulmin, influenced him to adopt Socinianism
. The local Baptist association withdrew fellowship from Garrard for adopting and promoting this doctrine, which they considered heretical.
Garrard's election in 1796 highlighted a problem with how Kentucky elected her governors. Because of the confusion, Garrard advocated the calling of a constitutional convention, but he was denied the opportunity to be a delegate because of his anti-slavery views. The convention showed their respect for Garrard by exempting him from the constitution's prohibition against succeeding himself in office. His re-election in 1800 made him the only Kentucky governor to succeed himself in office until the Kentucky constitution was amended in 1992 to allow the governor to hold two consecutive terms. (Since then, only Paul E. Patton
has done so.) Garrard County
, which was formed during Garrard's first term, is named in his honor.
. His father was moderately wealthy, and the Stafford County courthouse was built on land owned by the Garrard family. James Garrard was educated in the common schools of the area.
On December 20, 1769, Garrard married Elizabeth Mountjoy. The couple had twelve children, three of whom died in infancy. All of Garrard's sons who survived to adulthood went on to serve in the Kentucky General Assembly
, and all took part in the War of 1812
. A number of his grandsons served in the Civil War
, including Union Generals Kenner Garrard
and Theophilus T. Garrard
.
Both Garrard and his father served in the Revolutionary War. As a captain of a schooner, he was captured by the British but later escaped. He was promoted to colonel in the Stafford County militia and probably saw action during the 1781 British invasion of Virginia and at Gloucester Point, Virginia
during the Yorktown campaign
.
Following the revolution, Garrard surveyed many acres in Kentucky (then a county of Virginia) for family and friends, as well as 40000 acres (161.9 km²) for himself. He moved to Kentucky in 1782 and built his residence, Mount Lebanon, on Stoner Fork of the Licking River
. He opened a lumber mill and engaged in the distillation of whiskey.
. From the time of his arrival in Kentucky, he was active in starting churches in the area. He was ordained as a minister, and in 1787, he helped organize Cooper's Run Baptist Church. He became the first pastor of Cooper's Run, and ministered there for ten years. In 1791, a committee composed of Garrard, Ambrose Dudley, and Augustine Eastin reported to the Elkhorn Baptist Association in favor of constitutionally forbidding slavery in the state of Kentucky.
When he was elected governor in 1796, Garrard appointed his friend Henry Toulmin, as secretary of state. Toulmin was a Unitarian minister and president of Transylvania University
. His daughter was married to Garrard's son Daniel. Because of Toulmin's influence, Garrard began to adopt the tenets of Socinianism. Garrard subsequently influenced Augustine Eastin, who succeeded him as pastor of Cooper's Run Church when he was elected governor. Soon, the majority of the members of Cooper's Run Church adopted the beliefs held by Garrard and Eastin.
In 1802, the Elkhorn Baptist Association attempted to convince Garrard and Eastin to abandon their beliefs, which the association considered heretical. Failing to do so, they withdrew fellowship from both men, despite their considerable influence.
. Because many of the early settlers of Virginia
were from England, there arose a significant effort to establish the Church of England
as the state religion. Garrard played a key role in countering this effort by securing the passage of a bill securing universal religious liberty in the state.
Garrard helped pass the legislation that created Bourbon County
, where his home was located, in 1785. The county court first convened in his house on May 15, 1786 and continued to meet there for many years. In 1789, the Virginia legislature established the county seat
under the name Hopewell, and Garrard was part of the committee chosen to survey the area for the city. Upon this committee's recommendation, the city's name was changed to Paris
in 1790.
Of the ten conventions that led to the creation of the Kentucky Constitution
, Garrard was a delegate to five – in May and August 1785, 1787, 1788, and 1792. He helped author the document that was eventually ratified. He was one of sixteen members of the convention that voted to strike the provisions for slavery from the constitution, but twenty-six members voted to retain the provisions, and slavery was thus enshrined into the state's first constitution.
in 1796: Garrard, Benjamin Logan
, Thomas Todd
, and John Brown
. Under the Kentucky Constitution, governors were chosen by electors in a system similar to the United States Electoral College
. Logan received 21 electoral votes, Garrard 17, Todd 14, and Brown 1. The constitution made no provision for a candidate who received a plurality but not a majority
of the vote. The electors decided to take a second ballot, in which Garrard won a majority. The state attorney general, John Breckinridge, questioned the legitimacy of the second ballot, and Logan formally protested it. Nonetheless, the secretary of state sent a certificate of election to Garrard, and Governor Shelby sent him a congratulatory letter. In November 1796, the Kentucky Senate
refused to reverse the decision, and Garrard assumed the governorship.
A Democratic-Republican, Garrard supported the Kentucky Resolutions of 1798 and 1799, and denounced the Alien and Sedition Acts
. He arranged for the construction of the state's first governor's mansion
and was the first to reside there. He favored exempting jailers, tutors, printers, judges, ministers, and legislative leaders from service in the state militia
. He also encouraged reform of the state's penal system. Known as a "spender", he called for the provision of public education and business subsidies to aid commerce. A major accomplishment of his first term was the creation of the state's circuit court system
.
Garrard's contested election had highlighted a major shortcoming of the state's constitution. During his first term, he encouraged the calling of another constitutional convention. In addition to remedying the electoral issue, he hoped to curb slavery in the new document. The extant constitution required a majority of the state's citizens to vote in favor a constitutional convention in two successive elections or that a two-thirds majority of the General Assembly do so once. The question was put on the ballot in 1797, but failed to garner a majority. In 1798, the General Assembly voted to call the convention by the required majority. Delegates were elected in the spring of 1799, but Garrard was not among them, probably because of his anti-slavery views. The delegates to the convention showed their respect to Garrard by exempting him from the new constitution's prohibition against serving two consecutive terms as governor. The new constitution provided for direct election of the governor, abolishing the flawed elector system.
Garrard was elected to a second term in 1800, again defeating Logan and Todd as well as newcomer Christopher Greenup
. Garrard appointed Greenup to the circuit court and Todd to the Kentucky Court of Appeals
. Garrard was the only Kentucky governor to serve a successive term until the state's constitution was amended in 1992. The major issue of Garrard's second term was the closing of the port of New Orleans by the Spanish. Garrard encouraged President
Thomas Jefferson
to act. He later lauded the Louisiana Purchase
as a "noble achievement".
During Garrard's second term, the General Assembly overrode his veto of a circuit court bill, marking the first time a Kentucky governor had a veto overridden and the only time Garrard's was overridden in his two terms. In Garrard's eight years as governor, twenty-six new counties were created, including Garrard County, which was named in his honor. The final months of Garrard's tenure were marred by a bitter struggle over naming a new registrar for the land office. Garrard had submitted six names to the Kentucky Senate before one was approved. The disagreement left Garrard bitter, and he retired from public service.
Following his tenure as governor, Garrard returned to Mount Lebanon, his residence in Bourbon County, Kentucky. He died January 19, 1822 after several years of illness. He is buried in the Garrard Family Burial Grounds at Ruddels Mills in Bourbon County. The Kentucky Legislature erected a memorial over his grave in 1823.
Governor of Kentucky
The Governor of the Commonwealth of Kentucky is the head of the executive branch of government in the U.S. state of Kentucky. Fifty-six men and one woman have served as Governor of Kentucky. The governor's term is four years in length; since 1992, incumbents have been able to seek re-election once...
from 1796 to 1804. He was also a Baptist
Baptist
Baptists comprise a group of Christian denominations and churches that subscribe to a doctrine that baptism should be performed only for professing believers , and that it must be done by immersion...
minister, but his secretary of state, Unitarian
Unitarianism
Unitarianism is a Christian theological movement, named for its understanding of God as one person, in direct contrast to Trinitarianism which defines God as three persons coexisting consubstantially as one in being....
minister Henry Toulmin, influenced him to adopt Socinianism
Socinianism
Socinianism is a system of Christian doctrine named for Fausto Sozzini , which was developed among the Polish Brethren in the Minor Reformed Church of Poland during the 15th and 16th centuries and embraced also by the Unitarian Church of Transylvania during the same period...
. The local Baptist association withdrew fellowship from Garrard for adopting and promoting this doctrine, which they considered heretical.
Garrard's election in 1796 highlighted a problem with how Kentucky elected her governors. Because of the confusion, Garrard advocated the calling of a constitutional convention, but he was denied the opportunity to be a delegate because of his anti-slavery views. The convention showed their respect for Garrard by exempting him from the constitution's prohibition against succeeding himself in office. His re-election in 1800 made him the only Kentucky governor to succeed himself in office until the Kentucky constitution was amended in 1992 to allow the governor to hold two consecutive terms. (Since then, only Paul E. Patton
Paul E. Patton
Paul Edward Patton was the 59th governor of Kentucky, serving from 1995 to 2003. Because of a 1992 amendment to the Kentucky Constitution, he was the first governor eligible to succeed himself in office since James Garrard in 1800...
has done so.) Garrard County
Garrard County, Kentucky
Garrard County is a county located in the U.S. state of Kentucky. It is pronounced 'Gair-ad' with the third "r" silent. It was formed in 1797 and was named for James Garrard, Governor of Kentucky from 1796 to 1804. Its county seat is Lancaster. The population was 16,912 in the 2010 Census...
, which was formed during Garrard's first term, is named in his honor.
Early life
James Garrard was born the son of Colonel William and Mary (Naughty) Garrard on January 14, 1749 in Stafford County, VirginiaStafford County, Virginia
Stafford County is a county located in the Commonwealth of Virginia, a U.S. state, and just across the Rappahannock River from the City of Fredericksburg. As of the 2000 census, the population was 92,446, increasing to 128,961 in 2010.. Its county seat is Stafford. In 2006, and again in 2009,...
. His father was moderately wealthy, and the Stafford County courthouse was built on land owned by the Garrard family. James Garrard was educated in the common schools of the area.
On December 20, 1769, Garrard married Elizabeth Mountjoy. The couple had twelve children, three of whom died in infancy. All of Garrard's sons who survived to adulthood went on to serve in the Kentucky General Assembly
Kentucky General Assembly
The Kentucky General Assembly, also called the Kentucky Legislature, is the state legislature of the U.S. state of Kentucky.The General Assembly meets annually in the state capitol building in Frankfort, Kentucky, convening on the first Tuesday after the first Monday in January...
, and all took part in the War of 1812
War of 1812
The War of 1812 was a military conflict fought between the forces of the United States of America and those of the British Empire. The Americans declared war in 1812 for several reasons, including trade restrictions because of Britain's ongoing war with France, impressment of American merchant...
. A number of his grandsons served in the Civil War
American Civil War
The American Civil War was a civil war fought in the United States of America. In response to the election of Abraham Lincoln as President of the United States, 11 southern slave states declared their secession from the United States and formed the Confederate States of America ; the other 25...
, including Union Generals Kenner Garrard
Kenner Garrard
Kenner Garrard was a brigadier general in the Union Army during the American Civil War. A member of one of Ohio's most prominent military families, he performed well at the Battle of Gettysburg, and then led a cavalry division in the army of Major General William T. Sherman during the Atlanta...
and Theophilus T. Garrard
Theophilus T. Garrard
Theophilus Toulmin Garrard was a politician, Union general in the American Civil War, farmer, and businessman.-Early life and career:...
.
Both Garrard and his father served in the Revolutionary War. As a captain of a schooner, he was captured by the British but later escaped. He was promoted to colonel in the Stafford County militia and probably saw action during the 1781 British invasion of Virginia and at Gloucester Point, Virginia
Gloucester Point, Virginia
Gloucester Point is a census-designated place in Gloucester County, Virginia, United States. The population was 9,429 at the 2000 census. It is also home to The College of William & Mary's Virginia Institute of Marine Science, a graduate school for the study of oceanography.-Geography:Gloucester...
during the Yorktown campaign
Yorktown campaign
The Yorktown or Virginia campaign was a series of military maneuvers and battles during the American Revolutionary War that culminated in the decisive Siege of Yorktown in October 1781...
.
Following the revolution, Garrard surveyed many acres in Kentucky (then a county of Virginia) for family and friends, as well as 40000 acres (161.9 km²) for himself. He moved to Kentucky in 1782 and built his residence, Mount Lebanon, on Stoner Fork of the Licking River
Licking River (Kentucky)
The Licking River is a tributary of the Ohio River in northeastern Kentucky in the United States. The river and its tributaries drain much of the region of northeastern Kentucky between the watersheds of the Kentucky River to the west and the Big Sandy River to the east.-Origin of name:The Native...
. He opened a lumber mill and engaged in the distillation of whiskey.
Religious life
Garrard was first associated with Hartwood Baptist Church in Fredericksburg, VirginiaFredericksburg, Virginia
Fredericksburg is an independent city in the Commonwealth of Virginia located south of Washington, D.C., and north of Richmond. As of the 2010 census, the city had a population of 24,286...
. From the time of his arrival in Kentucky, he was active in starting churches in the area. He was ordained as a minister, and in 1787, he helped organize Cooper's Run Baptist Church. He became the first pastor of Cooper's Run, and ministered there for ten years. In 1791, a committee composed of Garrard, Ambrose Dudley, and Augustine Eastin reported to the Elkhorn Baptist Association in favor of constitutionally forbidding slavery in the state of Kentucky.
When he was elected governor in 1796, Garrard appointed his friend Henry Toulmin, as secretary of state. Toulmin was a Unitarian minister and president of Transylvania University
Transylvania University
Transylvania University is a private, undergraduate liberal arts college in Lexington, Kentucky, United States, affiliated with the Christian Church . The school was founded in 1780. It offers 38 majors, and pre-professional degrees in engineering and accounting...
. His daughter was married to Garrard's son Daniel. Because of Toulmin's influence, Garrard began to adopt the tenets of Socinianism. Garrard subsequently influenced Augustine Eastin, who succeeded him as pastor of Cooper's Run Church when he was elected governor. Soon, the majority of the members of Cooper's Run Church adopted the beliefs held by Garrard and Eastin.
In 1802, the Elkhorn Baptist Association attempted to convince Garrard and Eastin to abandon their beliefs, which the association considered heretical. Failing to do so, they withdrew fellowship from both men, despite their considerable influence.
Political career
While still serving in the Revolutionary War, Garrard was elected to a seat in the Virginia House of DelegatesVirginia House of Delegates
The Virginia House of Delegates is the lower house of the Virginia General Assembly. It has 100 members elected for terms of two years; unlike most states, these elections take place during odd-numbered years. The House is presided over by the Speaker of the House, who is elected from among the...
. Because many of the early settlers of Virginia
Virginia
The Commonwealth of Virginia , is a U.S. state on the Atlantic Coast of the Southern United States. Virginia is nicknamed the "Old Dominion" and sometimes the "Mother of Presidents" after the eight U.S. presidents born there...
were from England, there arose a significant effort to establish the Church of England
Church of England
The Church of England is the officially established Christian church in England and the Mother Church of the worldwide Anglican Communion. The church considers itself within the tradition of Western Christianity and dates its formal establishment principally to the mission to England by St...
as the state religion. Garrard played a key role in countering this effort by securing the passage of a bill securing universal religious liberty in the state.
Garrard helped pass the legislation that created Bourbon County
Bourbon County, Kentucky
Bourbon County is a county located in the U.S. state of Kentucky. It is the remnant of what was previously a much larger Bourbon County, established as part of Virginia in 1785, and comprising what are now thirty-four modern Kentucky counties...
, where his home was located, in 1785. The county court first convened in his house on May 15, 1786 and continued to meet there for many years. In 1789, the Virginia legislature established the county seat
County seat
A county seat is an administrative center, or seat of government, for a county or civil parish. The term is primarily used in the United States....
under the name Hopewell, and Garrard was part of the committee chosen to survey the area for the city. Upon this committee's recommendation, the city's name was changed to Paris
Paris, Kentucky
As of the census of 2000, there were 9,183 people, 3,857 households, and 2,487 families residing in the city. The population density was . There were 4,222 housing units at an average density of . The racial makeup of the city was 84.23% White, 12.71% African American, 0.16% Native American, 0.16%...
in 1790.
Of the ten conventions that led to the creation of the Kentucky Constitution
Kentucky Constitution
The Constitution of the Commonwealth of Kentucky is the document that governs the Commonwealth of Kentucky. It was first adopted in 1792 and has since been rewritten three times and amended many more...
, Garrard was a delegate to five – in May and August 1785, 1787, 1788, and 1792. He helped author the document that was eventually ratified. He was one of sixteen members of the convention that voted to strike the provisions for slavery from the constitution, but twenty-six members voted to retain the provisions, and slavery was thus enshrined into the state's first constitution.
Governor of Kentucky
Four men were in contention to succeed Governor Isaac ShelbyIsaac Shelby
Isaac Shelby was the first and fifth Governor of the U.S. state of Kentucky and served in the state legislatures of Virginia and North Carolina. He was also a soldier in Lord Dunmore's War, the Revolutionary War, and the War of 1812...
in 1796: Garrard, Benjamin Logan
Benjamin Logan
Benjamin Logan was an American pioneer, soldier, and politician from Shelby County, Kentucky. As colonel of the Kentucky County militia of Virginia during the American Revolutionary War, he was second-in-command of militia in Kentucky. Logan was a leader in Kentucky's efforts to become a state...
, Thomas Todd
Thomas Todd
Thomas Todd was an American attorney and U.S. Supreme Court justice. Raised in the Colony of Virginia, he studied law and later participated in the founding of Kentucky, where he served as a clerk, judge, and justice. He was married twice and had a total of eight children. Todd joined the U.S...
, and John Brown
John Brown (Kentucky)
John Brown was an American lawyer and statesman heavily involved with creating the State of Kentucky.Brown represented Virginia in the Continental Congress and the U.S. Congress . While in Congress, he introduced the bill granting Statehood to Kentucky. Once that was accomplished, he was elected...
. Under the Kentucky Constitution, governors were chosen by electors in a system similar to the United States Electoral College
United States Electoral College
The Electoral College consists of the electors appointed by each state who formally elect the President and Vice President of the United States. Since 1964, there have been 538 electors in each presidential election...
. Logan received 21 electoral votes, Garrard 17, Todd 14, and Brown 1. The constitution made no provision for a candidate who received a plurality but not a majority
Majority
A majority is a subset of a group consisting of more than half of its members. This can be compared to a plurality, which is a subset larger than any other subset; i.e. a plurality is not necessarily a majority as the largest subset may consist of less than half the group's population...
of the vote. The electors decided to take a second ballot, in which Garrard won a majority. The state attorney general, John Breckinridge, questioned the legitimacy of the second ballot, and Logan formally protested it. Nonetheless, the secretary of state sent a certificate of election to Garrard, and Governor Shelby sent him a congratulatory letter. In November 1796, the Kentucky Senate
Kentucky Senate
The Kentucky Senate is the upper house of the Kentucky General Assembly. The Kentucky Senate is composed of 38 members elected from single-member districts throughout the Commonwealth. There are no term limits for Kentucky Senators...
refused to reverse the decision, and Garrard assumed the governorship.
A Democratic-Republican, Garrard supported the Kentucky Resolutions of 1798 and 1799, and denounced the Alien and Sedition Acts
Alien and Sedition Acts
The Alien and Sedition Acts were four bills passed in 1798 by the Federalists in the 5th United States Congress in the aftermath of the French Revolution's reign of terror and during an undeclared naval war with France, later known as the Quasi-War. They were signed into law by President John Adams...
. He arranged for the construction of the state's first governor's mansion
Old Governor's Mansion (Frankfort, Kentucky)
The Old Governor's Mansion, also known as Lieutenant Governor's Mansion, is located at 420 High Street, Frankfort, Kentucky. It is reputed to be the oldest official executive residence officially still in use in the United States, as the mansion is the official residence of the Lieutenant Governor...
and was the first to reside there. He favored exempting jailers, tutors, printers, judges, ministers, and legislative leaders from service in the state militia
Militia
The term militia is commonly used today to refer to a military force composed of ordinary citizens to provide defense, emergency law enforcement, or paramilitary service, in times of emergency without being paid a regular salary or committed to a fixed term of service. It is a polyseme with...
. He also encouraged reform of the state's penal system. Known as a "spender", he called for the provision of public education and business subsidies to aid commerce. A major accomplishment of his first term was the creation of the state's circuit court system
Kentucky Circuit Courts
The Kentucky Circuit Courts are the state courts of general jurisdiction in the U.S. state of Kentucky.The Circuit Courts are trial courts with original jurisdiction in cases involving capital offenses, felonies, land disputes, contested probates of wills, and civil lawsuits in disputes with an...
.
Garrard's contested election had highlighted a major shortcoming of the state's constitution. During his first term, he encouraged the calling of another constitutional convention. In addition to remedying the electoral issue, he hoped to curb slavery in the new document. The extant constitution required a majority of the state's citizens to vote in favor a constitutional convention in two successive elections or that a two-thirds majority of the General Assembly do so once. The question was put on the ballot in 1797, but failed to garner a majority. In 1798, the General Assembly voted to call the convention by the required majority. Delegates were elected in the spring of 1799, but Garrard was not among them, probably because of his anti-slavery views. The delegates to the convention showed their respect to Garrard by exempting him from the new constitution's prohibition against serving two consecutive terms as governor. The new constitution provided for direct election of the governor, abolishing the flawed elector system.
Garrard was elected to a second term in 1800, again defeating Logan and Todd as well as newcomer Christopher Greenup
Christopher Greenup
Christopher Greenup was an American politician who served as a U.S. Representative and the third Governor of Kentucky...
. Garrard appointed Greenup to the circuit court and Todd to the Kentucky Court of Appeals
Kentucky Court of Appeals
The Kentucky Court of Appeals is the lower of Kentucky's two appellate courts, under the Kentucky Supreme Court. Prior to a 1975 amendment to the Kentucky Constitution the Kentucky Court of Appeals was the only appellate court in Kentucky....
. Garrard was the only Kentucky governor to serve a successive term until the state's constitution was amended in 1992. The major issue of Garrard's second term was the closing of the port of New Orleans by the Spanish. Garrard encouraged President
President of the United States
The President of the United States of America is the head of state and head of government of the United States. The president leads the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces....
Thomas Jefferson
Thomas Jefferson
Thomas Jefferson was the principal author of the United States Declaration of Independence and the Statute of Virginia for Religious Freedom , the third President of the United States and founder of the University of Virginia...
to act. He later lauded the Louisiana Purchase
Louisiana Purchase
The Louisiana Purchase was the acquisition by the United States of America of of France's claim to the territory of Louisiana in 1803. The U.S...
as a "noble achievement".
During Garrard's second term, the General Assembly overrode his veto of a circuit court bill, marking the first time a Kentucky governor had a veto overridden and the only time Garrard's was overridden in his two terms. In Garrard's eight years as governor, twenty-six new counties were created, including Garrard County, which was named in his honor. The final months of Garrard's tenure were marred by a bitter struggle over naming a new registrar for the land office. Garrard had submitted six names to the Kentucky Senate before one was approved. The disagreement left Garrard bitter, and he retired from public service.
Following his tenure as governor, Garrard returned to Mount Lebanon, his residence in Bourbon County, Kentucky. He died January 19, 1822 after several years of illness. He is buried in the Garrard Family Burial Grounds at Ruddels Mills in Bourbon County. The Kentucky Legislature erected a memorial over his grave in 1823.