William Owsley (March 24, 1782 – December 9, 1862) was an American politician and judge who was the 16th governor of Kentucky from 1844 to 1848. 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.

Early life

William Owsley was born March 24, 1782, in Virginia. He was the third of thirteen children born to William and Catherine (Bolin) Owsley. Owsley was a first cousin to U.S. Representative Bryan Owsley, whose father Anthony was the elder William Owsley's brother. 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. The couple had six children. Owsley availed himself of this opportunity, and read law with Boyle.

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. 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. The Assembly then attempted to abolish the Court of Appeals and create a new one, beginning the Old Court-New Court controversy. 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. 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. Owsley returned to his legal practice, and his case load soon compelled him to move to Frankfort.

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. Education made progress during Owsley's tenure, largely due to his appointment of Robert J. Breckinridge as public school superintendent in 1847. 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. Tensions between Hardin and Owsley worsened as Hardin became increasingly frustrated with his lack of influence. 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. In the Kentucky Constitution of 1850, the governor was stripped of his power to remove the Secretary of State from office. Owsley County, Kentucky, is named in his honor.

References

Bibliography

  • Biography of Owsley from the Kentucky Secretary of State website
  • William Owsley at The Political Graveyard