Studies in American History 
83 
judges were now upheld and their judgments affirmed on all 
essential points.^^® 
Before considering the decisions of the court of appeals, 
which “became at once the occasion for an unparalleled fer- 
ment”, brief notice should be taken of the three men who 
then sat on the bench of that court. John Boyle, chief justice, 
was born in Virginia in 1777 of humble parents, who brought 
him to Kentucky when he was five years old. Young Boyle’s 
education was limited, but he soon distinguished himself at the 
bar, was sent to Congress for six years when yet quite young, 
refused further service in that position, and soon thereafter 
was appointed a judge of the appellate court. In 1810 he was 
made chief justice, holding this position until 1826 when he vol- 
untarily resigned to become United States district judge, which 
post he held until his death in 1835. He was for some time 
professor of law at Transylvania University, refused many 
federal positions proffered him, and twice declined appoint- 
ments to the United States Supreme Court. Never a broad 
reader, he yet knew the law scientifically, had a philosophical 
mind, and both as a man and jurist was universally respected 
for his talents and integrity.^^’^ 
William Owsley, the first associate judge, was born in Vir- 
ginia in 1782, and was brought to Kentucky the next year. 
He became a student of law under Judge Boyle and rose so 
rapidly that at the age of thirty-one he was appointed an 
appellate court judge, which position he held until he resigned 
in 1828. After his resignation he farmed in Garrard County 
and practiced law successfully and energetically for several 
years. In 1844 he was elected governor, that being the last 
position he held. As a lawyer he was very resourceful, keen, 
and lucid. As a man he was known far and wide for honesty 
and firmness, and during the bitter court struggle he was 
perhaps the least criticized and assailed of the “old-court” 
judges.^^2 He died on a farm near Danville in 1862. 
Benjamin Mills, the second associate justice, was born in 
Maryland, removed early to Washington, Pa., where he was 
1*9 W. B. Allen, Kentucky (Louisville, 1872), 86; Shaler, Kentucky a Pioneer Com- 
monwealth, 180. 
Brown, op. ait., 25. 
1^1 Robertson, Scrap Book, 217-226, gives an intimate biographical sketch of Judge 
Boyle. 
1^9 Collins, History of Kentucky, II, gives a good sketch of Judge Owsley ; see also 
J. H. Battle, W. H. Perrin, and G. C. Kniffin, Histwy of Kentucky (Louisville, 1885), 314. 
