and with distinguished success. All but the most acute minds found themselves hopelessly at fault before they had progressed far, and the few who succeeded were consequently rewarded by a large practice. Mr. Breckinridge's reputation in this department penetrated to the Virginia capital, and he was asked to take charge of the claims of that State. But the retainer reached him just after he had accepted from Governor Shelby the post of Attorney-General of Kentucky, and he was forced to decline the flattering offer.
The election of a governor to succeed Governor Shelby took place on the 17th day of May, 1796. Under the old first constitution, then in force, this was by electors, after the manner of the Federal Constitution. There were properly fifty-seven members of the electoral college, but only fifty-three voted on the day appointed by law. The vote stood: For Benjamin Logan, 21; for James Garrard, 17; for Thomas Todd, 14; for John Brown, 1. The electors proceeded to another ballot, assuming that there was no election and that a majority vote was necessary to a choice. Todd and Brown were summarily dropped, and Garrard receiving a majority was declared elected. Benjamin Logan appealed to Mr. Breckinridge, as Attorney-General, for his construction of the constitution upon the point. He declined to answer as Attorney-General, thinking it beyond the scope of his office, but prepared for him an able and elaborate opinion as a lawyer, which was published in the Lexington, Kentucky, Gazette for May 28th,
