James Clark (January 16, 1779 – August 27, 1839) was a 19th-century American politician who served in all three branches of

Kentucky Kentucky ( , ), officially the Commonwealth of Kentucky, is a state in the Southeastern region of the United States and one of the states of the Upper South. It borders Illinois, Indiana, and Ohio to the north; West Virginia and Virginia to ...

's government and in the

U.S. House of Representatives The United States House of Representatives, often referred to as the House of Representatives, the U.S. House, or simply the House, is the lower chamber of the United States Congress, with the Senate being the upper chamber. Together they ...

. His political career began in the

Kentucky 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 ...

in 1807. In 1810, he was appointed to the

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. The ...

, where he served for two years before resigning to pursue a seat in the U.S. House of Representatives. He served two terms in that body, resigning in 1816. Clark accepted an appointment to the circuit court of

Bourbon Bourbon may refer to: Food and drink * Bourbon whiskey, an American whiskey made using a corn-based mash * Bourbon barrel aged beer, a type of beer aged in bourbon barrels * Bourbon biscuit, a chocolate sandwich biscuit * A beer produced by Bras ...

and

Clark Clark is an English language surname, ultimately derived from the Latin with historical links to England, Scotland, and Ireland ''clericus'' meaning "scribe", "secretary" or a scholar within a religious order, referring to someone who was educate ...

counties in 1817. It was in this capacity that the most defining event of his career occurred. In 1822, he struck down a debt relief law in the case of ''Williams v. Blair'' on the basis that it impeded the obligation of contracts. His decision was unpopular with the legislature, who condemned the ruling and summoned Clark to appear before them and defend it. An attempt by the legislature to remove him from office fell short of the needed

two-thirds majority 2/3 may refer to: * A fraction with decimal value 0.6666... * A way to write the expression "2 ÷ 3" ("two divided by three") * 2nd Battalion, 3rd Marines of the United States Marine Corps * February 3 * March 2 Events Pre-1600 * 537 – ...

. The following year, the Kentucky Court of Appeals upheld Clark's ruling. In retaliation, the legislature attempted to abolish the court and create a new one more sympathetic to their views. This event and its aftermath became known as the

Old Court-New Court controversy Old or OLD may refer to: Places *Old, Baranya, Hungary *Old, Northamptonshire, England *Old Street station, a railway and tube station in London (station code OLD) *OLD, IATA code for Old Town Municipal Airport and Seaplane Base, Old Town, Mai ...

. In 1825, Clark was chosen to fill the congressional seat vacated by

Henry Clay Henry Clay Sr. (April 12, 1777June 29, 1852) was an American attorney and statesman who represented Kentucky in both the U.S. Senate and House of Representatives. He was the seventh House speaker as well as the ninth secretary of state, al ...

's elevation to Secretary of State. He served until 1831, but did not seek re-election that year. He became active in organizing the Whig Party in Kentucky and was rewarded for his efforts by being chosen as the party's nominee for governor in 1836. He won the election and laid out an ambitious

platform Platform may refer to: Technology * Computing platform, a framework on which applications may be run * Platform game, a genre of video games * Car platform, a set of components shared by several vehicle models * Weapons platform, a system or ...

to the legislature, which acted on only part of it. Clark's most significant accomplishment as governor was securing the creation of a state

board of education A board of education, school committee or school board is the board of directors or board of trustees of a school, local school district or an equivalent institution. The elected council determines the educational policy in a small regional are ...

and the establishment of public schools in every county in the state. Clark died in office in 1839. His estate, Holly Rood, was listed on the

National Register of Historic Places The National Register of Historic Places (NRHP) is the United States federal government's official list of districts, sites, buildings, structures and objects deemed worthy of preservation for their historical significance or "great artistic v ...

in 1974.

Early life and family

James Clark was born to Robert and Susannah (Henderson) Clark on January 16, 1779, near the

Peaks of Otter The Peaks of Otter are three mountain peaks in the Blue Ridge Mountains, overlooking the town of Bedford, Virginia, which lies nine miles (14 km) to the southeast along State Route 43. These peaks are Sharp Top, Flat Top, and Harkening Hill ...

Bedford County, Virginia Bedford County is a United States county located in the Piedmont region of the Commonwealth of Virginia. Its county seat is the town of Bedford, which was an independent city from 1968 until rejoining the county in 2013. Bedford County was c ...

.Congressional Bio''Encyclopedia of Kentucky'', p. 77 In 1794, the family moved to

Clark County, Kentucky Clark County is a county located in the U.S. state of Kentucky. As of the 2020 census, the population was 36,972. Its county seat is Winchester. The county was created in 1792 from Bourbon and Fayette counties and is named for Revolutionary War ...

, where Clark was educated by Dr. James Blythe (who later became a professor at

Transylvania University Transylvania University is a private university in Lexington, Kentucky. It was founded in 1780 and was the first university in Kentucky. It offers 46 major programs, as well as dual-degree engineering programs, and is accredited by the Southern ...

) and attended Pisgah Academy in Woodford County.Allen, p. 86 Clark then went to

Virginia Virginia, officially the Commonwealth of Virginia, is a state in the Mid-Atlantic and Southeastern regions of the United States, between the Atlantic Coast and the Appalachian Mountains. The geography and climate of the Commonwealth ar ...

, where he studied law with his brother,

Christopher Christopher is the English language, English version of a Europe-wide name derived from the Greek language, Greek name Χριστόφορος (''Christophoros'' or ''Christoforos''). The constituent parts are Χριστός (''Christós''), "Jesus ...

. He was admitted to the

bar Bar or BAR may refer to: Food and drink * Bar (establishment), selling alcoholic beverages * Candy bar * Chocolate bar Science and technology * Bar (river morphology), a deposit of sediment * Bar (tropical cyclone), a layer of cloud * Bar (u ...

in 1797. He briefly traveled to

Vincennes, Indiana Vincennes is a city in and the county seat of Knox County, Indiana, Knox County, Indiana, United States. It is located on the lower Wabash River in the Southwestern Indiana, southwestern part of the state, nearly halfway between Evansville, Indi ...

and

St. Louis, Missouri St. Louis () is the second-largest city in Missouri, United States. It sits near the confluence of the Mississippi River, Mississippi and the Missouri Rivers. In 2020, the city proper had a population of 301,578, while the Greater St. Louis, ...

looking for a place to open his practice, but finding none that suited him, he returned to Kentucky and commenced practice in

Winchester Winchester is a City status in the United Kingdom, cathedral city in Hampshire, England. The city lies at the heart of the wider City of Winchester, a local government Districts of England, district, at the western end of the South Downs Nation ...

. Clark married Susan Forsythe on July 2, 1809, and the couple had four children.Powell, p. 36Harrison, p. 196 Susan Clark died in 1825. On March 3, 1829, James Clark married a widow named Margaret Buckner Thornton in Washington, D.C. Clark's second wife died August 15, 1836, just days after her husband was elected governor.

Political career

Clark was elected to two consecutive terms in the

in 1807 and 1808. On March 29, 1810, he was appointed to the

, and served in this capacity until his resignation in 1812.Levin, p. 68 He was elected as a

Democratic-Republican The Democratic-Republican Party, known at the time as the Republican Party and also referred to as the Jeffersonian Republican Party among other names, was an American political party founded by Thomas Jefferson and James Madison in the early ...

to the

in 1812. He took a leave of absence on April 18, 1816, and by August 1816, had resigned his seat to accept an appointment as a circuit court judge.

Ruling in ''Williams v. Blair''

From 1817 to 1824, Clark served on the circuit court for Clark and

counties. In the 1822 case of ''Williams v. Blair'', he declared unconstitutional a law allowing debtors to escape bankruptcy by imposing a moratorium on their debts. He contended that the law "impaired the obligation of contracts" in violation of the

Contract Clause Article I, Section 10, Clause 1 of the United States Constitution, known as the Contract Clause, imposes certain prohibitions on the states. These prohibitions are meant to protect individuals from intrusion by state governments and to keep ...

of the

U.S. Constitution The Constitution of the United States is the supreme law of the United States of America. It superseded the Articles of Confederation, the nation's first constitution, in 1789. Originally comprising seven articles, it delineates the natio ...

.Howard, p. 48 This decision was in keeping with the recent

Supreme Court A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...

ruling in

Dartmouth College v. Woodward ''Trustees of Dartmouth College v. Woodward'', 17 U.S. (4 Wheat.) 518 (1819), was a List of landmark court decisions in the United States, landmark decision in United States corporate law from the Supreme Court of the United States, United States ...

. Clark's ruling drew a resolution of condemnation from the Kentucky General Assembly. He was summoned to appear before the legislature, but opted to respond to their charges in writing instead. Incensed, the legislature attempted to remove him from office, but the vote of 59–35 fell short of the needed

. In October 1823, Clark's decision was upheld by the

; that decision touched off the

, wherein the legislature attempted to abolish the Court of Appeals and replace it with a more sympathetic court. In 1825, Clark was elected to fill the U.S. House seat left vacant by the elevation of

to Secretary of State.Allen, p. 97 He was twice re-elected, and chaired the Committee on Territories. He refused re-nomination in 1831. Clark was then elected to the

state Senate A state legislature in the United States is the legislative body of any of the 50 U.S. states. The formal name varies from state to state. In 27 states, the legislature is simply called the ''Legislature'' or the ''State Legislature'', whil ...

and served from 1832 to 1835. He was a member of the Committee for

Internal Improvements Internal improvements is the term used historically in the United States for public works from the end of the American Revolution through much of the 19th century, mainly for the creation of a transportation infrastructure: roads, turnpikes, canal ...

. Upon the death of Governor

John Breathitt John Breathitt (September 9, 1786 – February 21, 1834) 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 ...

in 1834,

Lieutenant Governor A lieutenant governor, lieutenant-governor, or vice governor is a high officer of state, whose precise role and rank vary by jurisdiction. Often a lieutenant governor is the deputy, or lieutenant, to or ranked under a governor — a "second-in-comm ...

James Turner Morehead was elevated to governor. The office of lieutenant governor then being empty, the Senate had no presiding officer. In 1835, Clark was elected Speaker of the Senate, and presided in Morehead's absence.

Governor of Kentucky

Clark helped organize the Whig Party in Kentucky, and as a reward, he was chosen as the party's nominee for governor in 1836. He won the canvass, defeating

Democrat Democrat, Democrats, or Democratic may refer to: Politics *A proponent of democracy, or democratic government; a form of government involving rule by the people. *A member of a Democratic Party: **Democratic Party (United States) (D) **Democratic ...

Matthew Flournoy 38,587 to 30,491. In his first address to the legislature, he outlined an ambitious agenda of reforms, including the establishing a public school system, strengthening the office of state auditor, and combating an increase in crime. Believing that banks should be held to their responsibilities, he insisted that the state banks not suspend

specie Specie may refer to: * Coins or other metal money in mass circulation * Bullion coins * Hard money (policy) * Commodity money * Specie Circular, 1836 executive order by US President Andrew Jackson regarding hard money * Specie Payment Resumption Ac ...

payments.''Encyclopedia of Kentucky'', p. 78 A slave owner himself, he strongly believed in the rights of slave owners, and encouraged

Ohio Ohio () is a state in the Midwestern region of the United States. Of the fifty U.S. states, it is the 34th-largest by area, and with a population of nearly 11.8 million, is the seventh-most populous and tenth-most densely populated. The sta ...

Indiana Indiana () is a U.S. state in the Midwestern United States. It is the 38th-largest by area and the 17th-most populous of the 50 States. Its capital and largest city is Indianapolis. Indiana was admitted to the United States as the 19th s ...

, and

Illinois Illinois ( ) is a U.S. state, state in the Midwestern United States, Midwestern United States. Its largest metropolitan areas include the Chicago metropolitan area, and the Metro East section, of Greater St. Louis. Other smaller metropolita ...

to cooperate in returning escaped slaves. The legislature heeded some of Clark's message. They added a second auditor in the office of the state auditor, and gave greater discretion to the state's

sinking fund A sinking fund is a fund established by an economic entity by setting aside revenue over a period of time to fund a future capital expense, or repayment of a long-term debt. In North America and elsewhere where it is common for public and privat ...

commission. They created a state board of education and the office of state superintendent. They also created county school commissioners in every county.Howard, p. 49 In response to his remarks on slave property, the legislature enacted laws that raised the reward for apprehending a fugitive slave and made it illegal for

stagecoach A stagecoach is a four-wheeled public transport coach used to carry paying passengers and light packages on journeys long enough to need a change of horses. It is strongly sprung and generally drawn by four horses although some versions are draw ...

owners to allow fugitive slaves to use their coaches to escape. However, they refused to restrict the publication and spread of

abolitionist Abolitionism, or the abolitionist movement, is the movement to end slavery. In Western Europe and the Americas, abolitionism was a historic movement that sought to end the Atlantic slave trade and liberate the enslaved people. The British ...

propaganda in the state, as Clark had requested, and they ignored most of his recommendations in other areas. Clark financed

internal improvements Internal improvements is the term used historically in the United States for public works from the end of the American Revolution through much of the 19th century, mainly for the creation of a transportation infrastructure: roads, turnpikes, canal ...

in the state through the sale of bonds.

Death

Clark died in office on August 27, 1839. He was buried in a private cemetery near his home in Winchester, Kentucky. The house was listed on the National Register of Historic Places on June 13, 1974.NRHP: Gov. Clark House

References

Bibliography

* * * * * * *

External links

*
James Clark at the National Governors Association
{{DEFAULTSORT:Clark, James 1779 births 1839 deaths People from Bedford County, Virginia American people of English descent Democratic-Republican Party members of the United States House of Representatives National Republican Party members of the United States House of Representatives Kentucky Whigs Whig Party state governors of the United States Governors of Kentucky Members of the Kentucky House of Representatives Kentucky state senators Judges of the Kentucky Court of Appeals Kentucky state court judges American proslavery activists American slave owners Burials in Kentucky