The American JudiciaryBaldwin, Simeon E. (Simeon Eben)
History
The American Judiciary
Baldwin, Simeon E. (Simeon Eben)
Courts -- United States; Law -- United States -- History
They then took up two decisions of their own Court of Appeals,
declaring other statutes of the State unconstitutional and void,
and resolved "that in the opinion of this legislature the
decision of the Court of Appeals of Kentucky in the cases of
Blair against Williams[Footnote: 4 Littell's Kentucky Reports,
34.] and Lapsley against Brashears[Footnote: _Ibid_., 47.]
are erroneous, and the laws declared therein to be
unconstitutional are, in the opinion of this present General
Assembly, constitutional and valid acts."[Footnote: Niles'
Register, XXV, 275.] The next step was to endeavor to remove the
judges, but the two-thirds vote required by the Constitution to
support an address to the Governor for that purpose could not be
secured. At the next session, in 1824, the judges were summoned
to show cause why they should not be removed. They defended
their conclusions so well that the two-thirds vote of each house
required by the Constitution could not be obtained. By a
majority vote the court was then abolished, a new one set up by
the same name, and four new judges appointed. The old court
refused to recognize the validity of their proceedings. The new
one assumed to organize and to do business. At the next election
the question which court ought to be recognized was the dominant
one. The result was that the friends of the old court gained
control of the House and those of the new court that of the
Senate, one of them being also chosen as the Governor. The new
court now got possession of most of the papers of the old court.
The latter ordered their sergeant to bring them back. The
Governor made preparations to use military force to resist the
execution of this order. At last, in 1826, an act was passed
(Session Laws, p. 13) over the Governor's veto, declaring the
acts abolishing the old court unconstitutional and void. The
Governor thereupon appointed a warm champion of the new court
chief justice of the old one to fill a vacancy which had occurred
on that bench, and for the first time for two years the judicial
establishment of the State was on a proper footing.[Footnote:
Niles' Register, XXXI, 324; McMaster "History of the People of
the United States," V, 162-166; "The Old and the New Court, in
The Green Bag," XVI, 520.]
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account