HISTORY OF KENTUCKY, by Lewis Collins, and J.A. & U.P. James, published 1847. Reprinted by Henry Clay Press, Lexington, Ky., 1968, pp. 207-208 [Boyle county]. JOHN BOYLE, for more than sixteen years chief justice of Kentucky, was born of humble parentage, October 28, 1774, in Virginia, at a place called "Castle Woods," on Clinch river, in the then county of Bottetourt [sic], near Russell or Tazewell. His father emigrated, in the year 1779, to Whitley's station in Kentucky, whence he afterwards moved to a small estate in the county of Garrard, where he spent the remainder of his days. Young Boyle's early education, notwithstanding the limited means of obtaining scholastic instruction, was good, and his knowledge of what he learned thorough. In the rudiments of the Greek and Latin languages, and of the most useful of the sciences, the Rev. Samuel Finley, a pious Presbyterian minister of Madison county, was his instructor. Energetic and ambitious, Mr. Boyle readily settled upon the law as the calling most congenial to his feelings, and most certain and gratifying in its rewards. He studied under the direction of Thomas Davis, of Mercer county, then a member of congress, and whom he succeeded as the representative of the district. In the year 1797, just after he had entered upon his professional career, he married Elizabeth Tilford, the daughter of a plain, pious, and frugal farmer, and moved to the town of Lancaster. In the following year, upon an out-lot of the town, which he had purchased, he built a small log house, with only two rooms, in which not only himself, but three other gentlemen - who successively followed him as a national representative, and one of whom succeeded him in the chief justiceship, and another served a constitutional term in the gubernatorial chair of Kentucky, - began the sober business of conjugal life. Here the duties of his profession engrossed his attention until 1802, when he was elected, without opposition, to the house of representatives of the United States. As a member of congress, Mr. Boyle was vigilant, dignified, and useful, commanding at once the respect and confidence of the Jeffersonian, the then dominant party, with which he acted, and the hearty approbation of a liberal constituency. He was twice re-elected without competition, and refused a fourth canvass, because a political life was less congenial to his taste, than the practice of his own profession amid the sweets of his early home. The same feeling compelled him to decline more than one federal appointment, tendered him by President Jefferson. President Madison, among his eaerliest official acts, appointed him the first governor of Illinois, a position doubly alluring, and which Mr. Boyle conditionally accepted. On his return to Kentucky, he was tendered a circuit judgeship, and afterwards a seat upon the bench of the court of appeals. The latter he accepted, and entered upon its onerous and responsible duties on the 4th of April, 1809. Ninian Edwards, then chief justice of the court, solicited and obtained the relinquished governorship. On the 3d of April, 1810, Judge Boyle was promoted to the chief justiceship, which he continued to hold until the 8th of Novembr, 1826. The decisions of the court, while he was upon the bench, are comprised in fifteen volumes of the State Reports, from 1st Bill to 3d Monroe, and are marked with firmness and purity. Chief Justice Boyle was the head of the "Old Court" of appeals, during the intensely exciting contest of three years duration, between the "Relief" or "New Court," and the "Anti-Relief" or "Old Court" parties. The notes of "The Bank of the Commonwealth," issued upon a deficient capital, were necessarily quite fluctuating in value - at one time depreciating more than fifty per cent. A serious revulsion in the monetary interests of the State, opened the way for a system of popular legislation, designed to satisfy temporarily the cry for relief. The two years replevin law - prolonging from three months to two years the right of replevying judgments and decrees on contracts, unless the creditor would accept Commonwealth bank money at par - was the crowning project of the system. The court of appeals unanimously decided the statute unconstitutional, so far as it was designed to be retroactive - a step that brought upon them the full torrent of popular abuse and indignation. The relief party carried the day at the election soon after, (1823), and on the meeting of the legislature, an addess was voted - by less than two-thirds, as the constitution required, to remove by address - calling upon the governor to remove the apellate judges, and setting forth their decision as unauthorised, ruinous and absurd. This bold effort at intimidation failing in its end, at the succeeding session the majority, grown more determined as the echo of the popular will becme louder, "re-organized" the court of appeals, or abolished the court established by the constitution, and instituted a new court, for which purpose commissions were issued to other persons. Matters now reached a crisis, and Kentucky was required either to take her stand by the broad fundamental law which had so powerfully contributed to her progress, or to yield to the inconstant, unreasonable and selfish clamor that rang hoarsely through the State. The struggle was, as it were, for the life of the State - involving the stability of a constitutional government, and the efficiency and independence of an enlightened judiciary. In August, 1826, the appeal to the ballot box decided the contest. The "Old Court" party triumphed, and confidence was gradually restored in the ability, integrity and purity of Chief Justice Boyle and his associates. In the November following, the earliest day at which it could be done consistently with his determination to ride out the judicial storm the memorable decision of the court had brewed, Boyle resigned the chief justiceship of Kentucky. But his services upon the bench were too highly appreciated to be dispensed with. The federal government, anticipating his resignation, tendered him the office of district judge of Kentucky which he accepted, and was induced to hold, although his better judgment prompted him to give it up, until his death, which occurred on the 28th day of January, 1835. His estimable lady preceded him a year and a half, having fallen a victim to the scourge of the nations, the cholera, in 1833. The appointment of associate justice of the supreme court of the United States was twice within his reach; but he loved retirement, and distrusted his qualifications for a position so responsible. Upon the death of Judge Todd, he refused to be recommened as his successor; and, subsequently, expressed the same unwillingness upon the demise of Judge Trimble, of the same court. For one year, in the latter part of his life, he was sole professor in the Transylvania law school. Numbers of young men followed him to the quiet of his home, where his pleasures were divided between teaching law, miscellaneous reading, and the cares of his family and farm. His dying ejaculation - "I have lived for my country" - is the best eulogium that could be written upon his life and public services. In all the relations of father, friend, representative and judge, his conduct and conversation marked him a a man, tender and symphasing, generous and disinterested, faithful and vigilant, deliberative and incorruptible. Boyle Whitley Finley Davis Tilford Jefferson Madison Edwards Bibb Monroe Todd Trimble = Botetourt-VA Garrard-KY Madison-KY Mercer-KY IL http://www.rootsweb.com/~kygenweb/kybiog/boyle/boyle.j.txt