William Owsley
Encyclopedia
William Owsley was an associate justice on the Kentucky Court of Appeals
and the 16th Governor of Kentucky
. He also served in both houses of the Kentucky General Assembly
and was Kentucky Secretary of State
under Governor James Turner Morehead
.
Owsley studied law under John Boyle
. After briefly serving in the state legislature, he was appointed by Governor Charles Scott to serve alongside Boyle on the Kentucky Court of Appeals. During his service on the court, Owsley was involved in the Old Court-New Court controversy
. In 1824, the state legislature, unhappy with the court's rulings against debt relief legislation, attempted to abolish the court and replace it with a new court. For a time, both courts operated simultaneously, and both claimed to be the court of last resort in the state. Supporters of the old court won control of the legislature and abolished the new court in 1826. Owsley resigned from the Court of Appeals two years later.
In 1831, Owsley returned to the state legislature, where he served until Governor Morehead appointed him secretary of state in 1834. He resumed his legal practice in 1836 and in 1843, retired from that profession. The next year, he was nominated for governor on the Whig
ticket and defeated William O. Butler in the general election. Through fiscally conservative policies, he was able to reduce the state's debt. In spite of his opposition to the Mexican-American War, large numbers of Kentucky's citizens volunteered for military service. Owsley's popularity declined sharply when he attempted to remove Benjamin Hardin
as Secretary of State. Hardin successfully challenged his removal in court, then resigned in protest of Owsley's actions and charged him with practicing nepotism
in his appointments. After his term as governor, Owsley never again sought public office. He died December 9, 1862 and was buried in Belleview Cemetery in Danville, Kentucky
.
. He was the third of thirteen children born to William and Catherine (Bolin) Owsley. In 1783, his family relocated to Lincoln County, Kentucky
, settling between the settlements of Crab Orchard
and Stanford
. Owsley was dedicated to his studies in the public schools of the area, and obtained a better education than most of his peers. On March 30, 1802, he was appointed adjutant
of the 26th Regiment of the Kentucky Militia.
For a time, Owsley taught at a country school, and in 1803, he married Elizabeth Gill, one of his students. Gill was almost seventeen; Owsley was twenty-one. The couple had six children. During his time as a teacher, Owsley also studied surveying
and eventually became a deputy surveyor. Later, he served as a deputy sheriff
under his father, who was High Sheriff
of Lincoln County. While in this capacity, he attracted the attention of John Boyle, who offered Owsley the use of his library. Owsley availed himself of this opportunity, and read law
with Boyle. In 1809, Owsley opened a legal practice in Garrard County
.
, serving one term. Governor Charles Scott appointed him to the Kentucky Court of Appeals in 1810, where he served alongside his teacher, John Boyle. Soon after Owsley's appointment, the legislature reduced the number of justices on the court, and Owsley resigned his seat. He was elected to the state House again in 1811. When a vacancy on the Court of Appeals occurred in 1813, Governor Isaac Shelby
re-appointed Owsley to the court.
One of the court's most crucial decisions during Owsley's tenure was in the case of Commonwealth of Kentucky v. James Morrison, which held that the Bank of the United States
did not have the right to establish branches in Kentucky. The Supreme Court of the United States
later overturned this ruling.
A second important decision in which Owsley was a participant was the case of Blair, etc. v. Williams, which invalidated the Kentucky Replevin
Act of 1820. This law granted debtors a two-year grace period in repaying their debts unless their creditors would accept notes from the Bank of Kentucky. Owsley and his colleagues opined that this law was in violation of the Contract Clause
of the U.S. Constitution
. The decision was extremely unpopular with the Commonwealth's citizens, but it was re-affirmed by the court's opinion in the related case of Lapsley v. Brashcars and Barr.
Following these decisions, the General Assembly attempted to remove all three justices from their positions, but lacked the two-thirds majority required for impeachment
. The Assembly then attempted to abolish the Court of Appeals and create a new one, beginning the Old Court-New Court controversy. The members of the existing court Owsley, John Boyle, and Benjamin Mills
continued functioning in that role, while a new court of four pro-relief justices was organized by the legislature. For a time, both courts claimed to be the court of last resort in Kentucky, but by 1826, supporters of the Old Court won control of the legislature and abolished the New Court.
Having seen the court through the Old Court-New Court controversy, Chief Justice Boyle resigned in 1826. In December 1828, Mills and Owsley also resigned. Their resignations were an attempt to silence criticism from the defeated New Court faction that they held their seats in defiance of the will of the people. Old Court supporters hoped both men would be re-nominated and re-confirmed by the legislature, making the New Court's charge less credible. Accordingly, newly elected governor Thomas Metcalfe
submitted both men to the legislature for confirmation, but the nominations were defeated in the state senate
. Thus ended Owsley's tenure on the court. It was, at the time, the longest tenure of any Court of Appeals justice except John Boyle. Owsley returned to his legal practice, and his case load soon compelled him to move to Frankfort
.
in 1833. When James Turner Morehead ascended to the governorship upon the death of John Breathitt
, he appointed Owsley Secretary of State for his shortened term from 1834 to 1836. In 1843, Owsley retired from the practice of law and purchased a farm in Boyle County
.
In 1844, Owsley was elected governor on the Whig ticket, defeating Democrat
William O. Butler by a vote of 59,792 to 55,089. A fiscal conservative, Owsley reduced the state's deficit slightly, and was reluctant to rebuild the state penitentiary, which was damaged by fire. Despite his reluctance to spend, he urged the General Assembly to increase funding for public education. "Nothing but money will do it," proclaimed Owsley, "and it is left to the appropriate department the legislature to determine on the expediency or inexpediency of raising it." In response, the Assembly passed only a small tax to benefit public education. Education made progress during Owsley's tenure, largely due to his appointment of Robert J. Breckinridge
as public school superintendent in 1847. Breckinridge is credited as the architect of Kentucky's antebellum educational system.
In 1845, Secretary of War
William L. Marcy
requested that Kentucky provide militiamen to bolster Zachary Taylor
's forces in the new state of Texas
. Owsley all but refused the request, but when word of Marcy's request reached the citizens of the state, they volunteered in great numbers and rushed to reinforce Taylor. Owsley was similarly lethargic in responding to Marcy's call for troops for service in the Mexican–American War. He joined fellow Kentucky Whigs John J. Crittenden
and Henry Clay in deriding the conflict as "Mr. Polk
's War". However, postal workers in the state opened Marcy's letter before delivering it to Owsley and had spread the word that the federal government had once again requested troops. By the time Owsley made the formal call for volunteers on May 22, 1846, an entire regiment of Kentucky troops had already been organized. Despite his personal opposition to the war, Owsley boasted in his report to Marcy that the Commonwealth
had raised 13,700 volunteers, more than five times the number requested of her.
Later, Owsley's tenure would be marred by a conflict with Benjamin Hardin
, his Secretary of State. Hardin believed that by supporting Owsley in the gubernatorial election, he would obtain some influence in Owsley's choices for other appointments. Tensions between Hardin and Owsley worsened as Hardin became increasingly frustrated with his lack of influence. On September 1, 1846, Owsley removed Hardin from his cabinet, charging that Hardin had abandoned his duties because he did not reside in Frankfort. Hardin challenged this premise for his removal, and when Owsley nominated George B. Kinkead to replace Hardin, the state senate voted 30—8 that no vacancy existed. The Kentucky Court of Appeals upheld this decision. Vindicated, Hardin then resigned, charging Owsley with practicing nepotism
. In the Kentucky Constitution of 1850, the governor was stripped of his power to remove the Secretary of State from office.
Following his term as governor, Owsley retired to his farm in Danville, Kentucky, where he lived until the death of his wife in 1858. After this, he lived with his children until he died December 9, 1862. He is buried at Bellview Cemetery in Danville. Owsley County, Kentucky
is named in his honor. Pleasant Retreat
, his home in Garrard County during his early political career, is listed on the National Register of Historic Places
.
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....
and the 16th Governor of Kentucky
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...
. He also served in both houses of 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 was Kentucky Secretary of State
Secretary of State of Kentucky
The Secretary of State of Kentucky is one of the constitutional officers of the U.S. state of Kentucky. It is now an elected office, but was an appointed office prior to 1891. The current Secretary of State is Democrat Elaine Walker, who was appointed by Governor Steve Beshear to fulfill the...
under Governor James Turner Morehead
James Turner Morehead (Kentucky)
James Turner Morehead was a United States Senator and the 12th Governor of Kentucky. He was the first native-born Kentuckian to hold the governorship of the state...
.
Owsley studied law under John Boyle
John Boyle (congressman)
John Boyle was a United States federal judge and a member of the U.S. House of Representatives....
. After briefly serving in the state legislature, he was appointed by Governor Charles Scott to serve alongside Boyle on the Kentucky Court of Appeals. During his service on the court, Owsley was involved in the Old Court-New Court controversy
Old Court-New Court controversy
The Old Court – New Court controversy was a 19th century political controversy in the U.S. state of Kentucky in which the Kentucky General Assembly abolished the Kentucky Court of Appeals and replaced it with a new court...
. In 1824, the state legislature, unhappy with the court's rulings against debt relief legislation, attempted to abolish the court and replace it with a new court. For a time, both courts operated simultaneously, and both claimed to be the court of last resort in the state. Supporters of the old court won control of the legislature and abolished the new court in 1826. Owsley resigned from the Court of Appeals two years later.
In 1831, Owsley returned to the state legislature, where he served until Governor Morehead appointed him secretary of state in 1834. He resumed his legal practice in 1836 and in 1843, retired from that profession. The next year, he was nominated for governor on the Whig
Whig Party (United States)
The Whig Party was a political party of the United States during the era of Jacksonian democracy. Considered integral to the Second Party System and operating from the early 1830s to the mid-1850s, the party was formed in opposition to the policies of President Andrew Jackson and his Democratic...
ticket and defeated William O. Butler in the general election. Through fiscally conservative policies, he was able to reduce the state's debt. In spite of his opposition to the Mexican-American War, large numbers of Kentucky's citizens volunteered for military service. Owsley's popularity declined sharply when he attempted to remove Benjamin Hardin
Benjamin Hardin
Benjamin Hardin was a United States Representative from Kentucky. Martin Davis Hardin was his cousin. He was born at the Georges Creek settlement on the Monongahela River, Westmoreland County, Pennsylvania and then moved with his parents to Washington County, Kentucky in 1788...
as Secretary of State. Hardin successfully challenged his removal in court, then resigned in protest of Owsley's actions and charged him with practicing nepotism
Nepotism
Nepotism is favoritism granted to relatives regardless of merit. The word nepotism is from the Latin word nepos, nepotis , from which modern Romanian nepot and Italian nipote, "nephew" or "grandchild" are also descended....
in his appointments. After his term as governor, Owsley never again sought public office. He died December 9, 1862 and was buried in Belleview Cemetery in Danville, Kentucky
Danville, Kentucky
Danville is a city in and the county seat of Boyle County, Kentucky, United States. The population was 16,218 at the 2010 census.Danville is the principal city of the Danville Micropolitan Statistical Area, which includes all of Boyle and Lincoln counties....
.
Early life
William Owsley was born March 24, 1782 in VirginiaVirginia
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...
. He was the third of thirteen children born to William and Catherine (Bolin) Owsley. In 1783, his family relocated to Lincoln County, Kentucky
Lincoln County, Kentucky
Lincoln County is a county located in the U.S. state of Kentucky. The population was 24,742 in the 2010 Cesus. Its county seat is Stanford. Lincoln is a prohibition or "dry county" and is part of the Danville Micropolitan Statistical Area.- History :...
, settling between the settlements of Crab Orchard
Crab Orchard, Kentucky
Crab Orchard is a city in Lincoln County, Kentucky, United States. The population was 842 at the 2000 census. It is part of the Danville Micropolitan Statistical Area.-History:...
and Stanford
Stanford, Kentucky
Stanford is a city in Lincoln County, Kentucky, United States. It is one of the oldest settlements in Kentucky, having been founded in 1775. Its population was 3,430 at the 2000 census...
. Owsley was dedicated to his studies in the public schools of the area, and obtained a better education than most of his peers. On March 30, 1802, he was appointed adjutant
Adjutant
Adjutant is a military rank or appointment. In some armies, including most English-speaking ones, it is an officer who assists a more senior officer, while in other armies, especially Francophone ones, it is an NCO , normally corresponding roughly to a Staff Sergeant or Warrant Officer.An Adjutant...
of the 26th Regiment of the Kentucky Militia.
For a time, Owsley taught at a country school, and in 1803, he married Elizabeth Gill, one of his students. Gill was almost seventeen; Owsley was twenty-one. The couple had six children. During his time as a teacher, Owsley also studied surveying
Surveying
See Also: Public Land Survey SystemSurveying or land surveying is the technique, profession, and science of accurately determining the terrestrial or three-dimensional position of points and the distances and angles between them...
and eventually became a deputy surveyor. Later, he served as a deputy sheriff
Sheriff
A sheriff is in principle a legal official with responsibility for a county. In practice, the specific combination of legal, political, and ceremonial duties of a sheriff varies greatly from country to country....
under his father, who was High Sheriff
High Sheriff
A high sheriff is, or was, a law enforcement officer in the United Kingdom, Canada and the United States.In England and Wales, the office is unpaid and partly ceremonial, appointed by the Crown through a warrant from the Privy Council. In Cornwall, the High Sheriff is appointed by the Duke of...
of Lincoln County. While in this capacity, he attracted the attention of John Boyle, who offered Owsley the use of his library. Owsley availed himself of this opportunity, and read law
Reading law
Reading law is the method by which persons in common law countries, particularly the United States, entered the legal profession before the advent of law schools. This usage specifically refers to a means of entering the profession . A small number of U.S...
with Boyle. In 1809, Owsley opened a legal practice in 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...
.
Kentucky Court of Appeals
Owsley's political career began in 1809 when he was elected to the Kentucky House of RepresentativesKentucky House of Representatives
The Kentucky House of Representatives is the lower house of the Kentucky General Assembly. It is composed of 100 Representatives elected from single-member districts throughout the Commonwealth. Not more than two counties can be joined to form a House district, except when necessary to preserve...
, serving one term. Governor Charles Scott appointed him to the Kentucky Court of Appeals in 1810, where he served alongside his teacher, John Boyle. Soon after Owsley's appointment, the legislature reduced the number of justices on the court, and Owsley resigned his seat. He was elected to the state House again in 1811. When a vacancy on the Court of Appeals occurred in 1813, Governor Isaac Shelby
Isaac 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...
re-appointed Owsley to the court.
One of the court's most crucial decisions during Owsley's tenure was in the case of Commonwealth of Kentucky v. James Morrison, which held that the Bank of the United States
Second Bank of the United States
The Second Bank of the United States was chartered in 1816, five years after the First Bank of the United States lost its own charter. The Second Bank of the United States was initially headquartered in Carpenters' Hall, Philadelphia, the same as the First Bank, and had branches throughout the...
did not have the right to establish branches in Kentucky. The Supreme Court of the United States
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
later overturned this ruling.
A second important decision in which Owsley was a participant was the case of Blair, etc. v. Williams, which invalidated the Kentucky Replevin
Replevin
In creditors' rights law, replevin, sometimes known as "claim and delivery," is a legal remedy for a person to recover goods unlawfully withheld from his or her possession, by means of a special form of legal process in which a court may require a defendant to return specific goods to the...
Act of 1820. This law granted debtors a two-year grace period in repaying their debts unless their creditors would accept notes from the Bank of Kentucky. Owsley and his colleagues opined that this law was in violation of the Contract Clause
Contract Clause
The Contract Clause appears in the United States Constitution, Article I, section 10, clause 1. It states:The Contract Clause prohibits states from enacting any law that retroactively impairs contract rights...
of the U.S. Constitution
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
. The decision was extremely unpopular with the Commonwealth's citizens, but it was re-affirmed by the court's opinion in the related case of Lapsley v. Brashcars and Barr.
Following these decisions, the General Assembly attempted to remove all three justices from their positions, but lacked the two-thirds majority required for impeachment
Impeachment
Impeachment is a formal process in which an official is accused of unlawful activity, the outcome of which, depending on the country, may include the removal of that official from office as well as other punishment....
. The Assembly then attempted to abolish the Court of Appeals and create a new one, beginning the Old Court-New Court controversy. The members of the existing court Owsley, John Boyle, and Benjamin Mills
Benjamin Mills
Benjamin Mills was a lawyer and judge who served in the Kentucky Circuit Courts and the Kentucky Court of Appeals. He also represented Bourbon County, Kentucky, in the Kentucky House of Representatives. Mills issued a significant ruling in the 1820 case of Rankin v. Lydia which dealt with the...
continued functioning in that role, while a new court of four pro-relief justices was organized by the legislature. For a time, both courts claimed to be the court of last resort in Kentucky, but by 1826, supporters of the Old Court won control of the legislature and abolished the New Court.
Having seen the court through the Old Court-New Court controversy, Chief Justice Boyle resigned in 1826. In December 1828, Mills and Owsley also resigned. Their resignations were an attempt to silence criticism from the defeated New Court faction that they held their seats in defiance of the will of the people. Old Court supporters hoped both men would be re-nominated and re-confirmed by the legislature, making the New Court's charge less credible. Accordingly, newly elected governor Thomas Metcalfe
Thomas Metcalfe (US politician)
Thomas Metcalfe , also known as Thomas Metcalf or as "Stonehammer", was a U.S. Representative, Senator, and the tenth Governor of Kentucky. He was the first gubernatorial candidate in the state's history to be chosen by a nominating convention rather than a caucus...
submitted both men to the legislature for confirmation, but the nominations were defeated in the state 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...
. Thus ended Owsley's tenure on the court. It was, at the time, the longest tenure of any Court of Appeals justice except John Boyle. Owsley returned to his legal practice, and his case load soon compelled him to move to Frankfort
Frankfort, Kentucky
Frankfort is a city in Kentucky that serves as the state capital and the county seat of Franklin County. The population was 27,741 at the 2000 census; by population it is the 5th smallest state capital in the United States...
.
Governor of Kentucky
Owsley returned to the state House in 1831, and served in the state senate from 1832 to 1834. He also served as a presidential elector for Henry ClayHenry Clay
Henry Clay, Sr. , was a lawyer, politician and skilled orator who represented Kentucky separately in both the Senate and in the House of Representatives...
in 1833. When James Turner Morehead ascended to the governorship upon the death of John Breathitt
John Breathitt
John Breathitt was the 11th Governor of Kentucky. He was the first Democrat to hold this office and was the second Kentucky governor to die in office. Shortly after his death, Breathitt County, Kentucky was created and named in his honor.Early in life, Breathitt was appointed a deputy surveyor in...
, he appointed Owsley Secretary of State for his shortened term from 1834 to 1836. In 1843, Owsley retired from the practice of law and purchased a farm in Boyle County
Boyle County, Kentucky
Boyle County is a county located in the U.S. state of Kentucky. Its county seat is Danville. In 2000, its population was 28,432. It was formed in 1842 and named for John Boyle , a U.S...
.
In 1844, Owsley was elected governor on the Whig ticket, defeating Democrat
Democratic Party (United States)
The Democratic Party is one of two major contemporary political parties in the United States, along with the Republican Party. The party's socially liberal and progressive platform is largely considered center-left in the U.S. political spectrum. The party has the lengthiest record of continuous...
William O. Butler by a vote of 59,792 to 55,089. A fiscal conservative, Owsley reduced the state's deficit slightly, and was reluctant to rebuild the state penitentiary, which was damaged by fire. Despite his reluctance to spend, he urged the General Assembly to increase funding for public education. "Nothing but money will do it," proclaimed Owsley, "and it is left to the appropriate department the legislature to determine on the expediency or inexpediency of raising it." In response, the Assembly passed only a small tax to benefit public education. Education made progress during Owsley's tenure, largely due to his appointment of Robert J. Breckinridge
Robert Jefferson Breckinridge
Robert Jefferson Breckinridge was a politician and Presbyterian minister. He was a member of the Breckinridge family of Kentucky, the son of Senator John Breckinridge....
as public school superintendent in 1847. Breckinridge is credited as the architect of Kentucky's antebellum educational system.
In 1845, Secretary of War
United States Secretary of War
The Secretary of War was a member of the United States President's Cabinet, beginning with George Washington's administration. A similar position, called either "Secretary at War" or "Secretary of War," was appointed to serve the Congress of the Confederation under the Articles of Confederation...
William L. Marcy
William L. Marcy
William Learned Marcy was an American statesman, who served as U.S. Senator and the 11th Governor of New York, and as the U.S. Secretary of War and U.S. Secretary of State.-Early life:...
requested that Kentucky provide militiamen to bolster Zachary Taylor
Zachary Taylor
Zachary Taylor was the 12th President of the United States and an American military leader. Initially uninterested in politics, Taylor nonetheless ran as a Whig in the 1848 presidential election, defeating Lewis Cass...
's forces in the new state of Texas
Texas
Texas is the second largest U.S. state by both area and population, and the largest state by area in the contiguous United States.The name, based on the Caddo word "Tejas" meaning "friends" or "allies", was applied by the Spanish to the Caddo themselves and to the region of their settlement in...
. Owsley all but refused the request, but when word of Marcy's request reached the citizens of the state, they volunteered in great numbers and rushed to reinforce Taylor. Owsley was similarly lethargic in responding to Marcy's call for troops for service in the Mexican–American War. He joined fellow Kentucky Whigs John J. Crittenden
John J. Crittenden
John Jordan Crittenden was a politician from the U.S. state of Kentucky. He represented the state in both the U.S. House of Representatives and the U.S. Senate and twice served as United States Attorney General in the administrations of William Henry Harrison and Millard Fillmore...
and Henry Clay in deriding the conflict as "Mr. Polk
James K. Polk
James Knox Polk was the 11th President of the United States . Polk was born in Mecklenburg County, North Carolina. He later lived in and represented Tennessee. A Democrat, Polk served as the 17th Speaker of the House of Representatives and the 12th Governor of Tennessee...
's War". However, postal workers in the state opened Marcy's letter before delivering it to Owsley and had spread the word that the federal government had once again requested troops. By the time Owsley made the formal call for volunteers on May 22, 1846, an entire regiment of Kentucky troops had already been organized. Despite his personal opposition to the war, Owsley boasted in his report to Marcy that the Commonwealth
Commonwealth (United States)
Four of the constituent states of the United States officially designate themselves Commonwealths: Kentucky, Massachusetts, Pennsylvania and Virginia....
had raised 13,700 volunteers, more than five times the number requested of her.
Later, Owsley's tenure would be marred by a conflict with Benjamin Hardin
Benjamin Hardin
Benjamin Hardin was a United States Representative from Kentucky. Martin Davis Hardin was his cousin. He was born at the Georges Creek settlement on the Monongahela River, Westmoreland County, Pennsylvania and then moved with his parents to Washington County, Kentucky in 1788...
, his Secretary of State. Hardin believed that by supporting Owsley in the gubernatorial election, he would obtain some influence in Owsley's choices for other appointments. Tensions between Hardin and Owsley worsened as Hardin became increasingly frustrated with his lack of influence. On September 1, 1846, Owsley removed Hardin from his cabinet, charging that Hardin had abandoned his duties because he did not reside in Frankfort. Hardin challenged this premise for his removal, and when Owsley nominated George B. Kinkead to replace Hardin, the state senate voted 30—8 that no vacancy existed. The Kentucky Court of Appeals upheld this decision. Vindicated, Hardin then resigned, charging Owsley with practicing nepotism
Nepotism
Nepotism is favoritism granted to relatives regardless of merit. The word nepotism is from the Latin word nepos, nepotis , from which modern Romanian nepot and Italian nipote, "nephew" or "grandchild" are also descended....
. In the Kentucky Constitution of 1850, the governor was stripped of his power to remove the Secretary of State from office.
Following his term as governor, Owsley retired to his farm in Danville, Kentucky, where he lived until the death of his wife in 1858. After this, he lived with his children until he died December 9, 1862. He is buried at Bellview Cemetery in Danville. Owsley County, Kentucky
Owsley County, Kentucky
Owsley County is a county located in the U.S. state of Kentucky. As of 2000, the population was 4,858. Its county seat is Booneville. The county is named for William Owsley, the Governor of Kentucky from 1844 to 1848. It is a prohibition or dry county...
is named in his honor. Pleasant Retreat
Governor William Owsley House
Governor William Owsley House, also known as Pleasant Retreat, is a historic house located in Lancaster, Kentucky on U.S. 27. The house was the home of Kentucky Governor William Owsley. The property has been restored and is now a museum.-Current:...
, his home in Garrard County during his early political career, is listed on the National Register of Historic Places
National Register of Historic Places
The National Register of Historic Places is the United States government's official list of districts, sites, buildings, structures, and objects deemed worthy of preservation...
.