The American JudiciaryBaldwin, Simeon E. (Simeon Eben)
History
The American Judiciary
Baldwin, Simeon E. (Simeon Eben)
Courts -- United States; Law -- United States -- History
In 1821 a case was argued before the Supreme Court of the United
States involving the validity of a Kentucky statute passed to
protect occupants of land who had made valuable improvements upon
it in good faith, in case it should be subsequently proved to
belong to some one else. The occupant had employed no lawyer,
and it was surmised that the court would decide against him. The
Governor of Kentucky called the attention of the legislature to
this, and advised the employment of counsel to defend the law.
The legislature responded by resolving "that they consider an
adjudication, that the laws in question are void, incompatible
with the constitutional powers of this state, and highly
injurious to the best interests of the people; and therefore do,
in the name of the commonwealth of Kentucky, and the good people
thereof, solemnly remonstrate and protest against any such
adjudication," but that two commissioners should be appointed "to
attend the Supreme Court of the United States at the next term
and oppose any decision that may be attempted to be procured from
the Supreme Court, that those laws are void in such manner as
they may deem most respectful to the court and most consistent
with the dignity of this state."[Footnote: Niles' Register, XXI,
190, 404, 405.] The case had already been heard _ex parte_,
and the court soon proceeded to give judgment that the statute in
question was void. The Kentucky commissioners employed counsel,
who moved for a reargument, and obtained one, but with the same
result.[Footnote: Green _v._ Biddle, 8 Wheaton's Reports,
1.] The legislature at its next session discussed the opinion in
the case and resolved "that they do most solemnly protest against
the doctrines promulgated in that decision as ruinous in their
practical effects to the good people of this commonwealth and
subversive of their dearest and most valuable political
rights."[Footnote: Niles' Register, XXV, 275.]
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