language of each is substantially the same. By each, a supreme court is ordained and established. The constitution of Kentucky does not require that the inferior courts shall be circuit of quarter session courts, but it does declare and require that there should be one Court of Appeals. Our circuit courts did not not exist until established by the act of 1802. But the Court of Appeals has existed from the date of the constitution. The first were created by the act of the legislature; the other was established by the paramount act of the people in convention. The same authority which creates, may destroy; therefore, the legislature may abolish the circuit courts-but the people alone, assembled in convention, can abrogate the court of appeals.

sede the old ones, some of whom are known to have been active and clamorous in endeavors to prostrate the court; when we see, at the head of these new judges, the leader of the majority, who has been charged with exerting his influence in, and out of the legislature, in caucus and otherwise, whilst Secretary of State, to procure the passage of an act, to provide offices for himself and friends; when we hear, day and night, of our chief magistrate intermeddling, and endeavoring, with all his means of persuasion, to influence legislation; and when we are told that he has proscribed all, or most of those who voted against him-can we, as faithful sentinels on the people's watchtowers, tell them, "all's well?" "We cannot, we will not; we would be faithless to ourselves and treacherous to them; we will tell them the truth, and are prepared for the consequences.

But this legislature, as if above the constitution, have arrogated the right to abolish the Court of Appeals, by its "re-organization," and to remove the incumbent judges from office, by a We will tell them, that the new judges are bare majarity, whilst their "court continues!" virtually pledged to support the party in powWe consider this not only an unconstitu-er; that we do believe that they are, in every tional and high handed measure, but one, essential attribute of an enlightened, indepenwhich, if approved, will prostrate the whole dent and incorruptible bench, inferior to the fabric of constitutional liberty; we do consider old judges; that such a court, organized under it a REVOLUTION! We consider this un- such circumstances, will not, we fear, possess, paralleled act, as an attempt, by the majority or even deserve to posses, the full and unhesiof the legislature, to consolidate their power, tating confidence of the people; that, to proand perpetuate their supremacy, over the vide for particular men, we believe new and rights of the minority and the canstitution, by unnecessary offices have been created; and to destroying the independence and purity, and consummate the object, when the people are alimpartiality of the judiciary. And if it be most sinking under embarrassment and discountenanced by the people, we believe that tress, the salaries of the new judges of the our courts will be subservient to the strong Court of Appeals have been raised from four party, or party in power-that we shall be gov- thousand five hundred dollars to eight thouerned by factions-that "liberty and equality" sand dollars, will be empty sounds-that the ambitious and All this we have in our places faithfully and the powerful will hold in their hands the des- honestly endeavored to avert, but our efforts tinies of our state-that the minority will, in- were unavailing. The judges had been fully deed, have "no rights," and will be proscribed, and constitutionally tried, and acquitted-but as we believe it has been resolved that WE that which shields the felons of the country shall be, during the present administration- could not protect them-they are not liberated that the freedom of speech and of conscience, after one trail-they cannot escape. "Power" and the rights of life, liberty, and property, is converted into "right"-and the constitution will depend on the caprices of a fluctuating is under the feet of a triumphant majority, who, majority of the legislature; that our courts will if not checked by the people, may hereafter be servile and dependent, like those of revolu-exercise all power, legislative, executive, and tionary France, under Robespierre, and those of judicial; which, Mr. Jefferson and other patriEngland, under the Tudors and the Stuarts; and that the legislature of Kentucky will become practically, as omnipotent as the British parliament.

ots of the revolution have denounced as the most intolerable despotism. Against this sort of tyrrany our fathers protested in the Declaration of Independence; against this sort of tyranny they fought, and bled, and conquered; and against it, those of their sons who cherish their principles, will ever PROTEST, whilst they have tongues to speak, or pens to write. And we now declare to this legislature, and to the people, that if this memorable act of a majority be submitted to, or enforced, liberty is in danger, justice is in danger, morality is in danger, religion is in danger, and every thing dear and sacred is in danger. We will have no living constitution, and against bad times and bad men there will be no security. This example will consecrate every encroachment that power can make on the rights of the poor and the humble, the persecuted and the vir

These are not the depictions of vivid fancy, or the spectres of a puerile alarmn; we fear that they may become sober and solemn realities. If the people sanction this act of the majority, where is our security? Their approbation of such an act would indicate a destitution of that reverence for their constitution, which is the soul of every constitution, and without which no people ever were or ever will be free. Ours is not the language of prophecy, all of whose predictions are yet to be fulfilled-as passing scenes will prove. Although we are not initiated into the "arcana imperii,” our eyes have seen and our ears have heard enough to enable us to understand "the signs of the times."When we see new judges appointed to super-tuous.

John Green,
Robert Taylor,
Archibald Woods,
Dabney C. Cosby,
Daniel Breck,
R. B. New,
Bourne Gogging,
James Ford,
David Gibson,
C. M. Cunningham,
Jas. Simpson,
James True, jr.,
W. C. Payne,
B. Hardin,

H. C. Payne,
L. Williams,
S. Turner,

Members

John L. Hickman,
Thos. C. Howard,
James Davidson,
Chilton Allan,
Martin Beatty,
Sam. W. White,

PRELECTION.

Although the people, by a large majority, decided against the re-organizing act, in August, 1825-yet, as only one-third of the Senators were elected in that year, the Senate stood equally divided between the antagonist parties, with the advantage, to the Judge-breakers, of having on their side the casting vote of Lieutenant Governor, Robert B. McAfee.

On the 14th of November, 1825, which was the 8th day of the session, a bill to repeal the re-organizing act passed the House of Representatives by the following vote

Yeas Mr. Speaker, (Robertson) James Allen, Bainbridge, Blackburn, Breck, Breckinridge, Brown, Bruce, Bruton, Cowan, Cox, Crittenden, Cunningham, Davis, Duke, Dunlap, Dyer, Evans, Farmer, Ford, Gaines, Gibson, Gordon, Green, Grundy, Hansford, Hanson, Hardin, Harvey, Hutchison, James, Logan, Marshall, Mayes, McConnell, Morris, New, Owings, Owsley, Reed, Skyles, Slaughter, Sterrett, Street, Sichard Taylor, Robert Taylor, Z. Taylor, Timberlake, Thomasson, True, Turner, Underwood, Waddell, Walker, Wilson, A. White, Woodson and Yantis- 8.

Nays-Messrs. J. J. Allin, Barbee, Carter, Clay, Chenowith, Coleman, Coombs, Daniel, Elliston, Fletcher, Fulton, Hall, Haskin, Lackey, Lee, Martin, Maupin, M'Clanahan, Miller, M'Millan, Mullens, Napier, Nuttall, Perrin, Porter, Prince, Samuel, Spalding, Stephens, Tarleton, Thomas, Wade, Ward, E. Watkins, Wilcoxen, Wingate, and S. White

-37.

But it was rejected in the Senate by an equal vote, the Lieutenant Governor voting against it. On an amendment striking out the whole of the original bill, and substituting an amendment reducing the number of judges of the new court prospectively to three, and their salary to $1,200 the vote of the Senate was as follows:

Yeas-Messrs. C. A. Allen, J. Allen, Barret, Cockrill, Daniel, Daviess, Dudley, Ewing, Forsyth, Hughes, Mayo, P. N. O'Bannon, W. B. O'Bannon, Shelby, Smith, T. Ward, Wood, Worthington, and Yancy--19. Nays-C. Allan, Beatty, Carneal, Crutcher, Davidson, Denny, Faulkner, Garrard, Given, Hickman, Howard, Locket, Muldrow, Pope, Stephens, J. Ward, White, M. H. Wickliffe, and R. Wickliffe-19.

The House of Representatives having disagreed, of course, to that amendment, the Senate at once adhered, and thus the bill fell. As both parties had deferred to the people at the polls, as the last and only umpire, this unexpected contumacy of the Senate produced unexampled agitation.

The Judges of the new court-Barry, Haggen, Trimble, and Davidge, having ceased to do business, and their clerk, F. P. Blair, who had, under their order, forcibly removed the records from the office of A. Sneed, the clerk of the old court, and having closed his office, and refused either to

surrender the records, or permit any litigant or counsel to have access to them, the House of Representatives, by a vote of 58 to 34, adopted a resolution declaring that it was the duty of the old court, through its sergeant, Richard Taylor, to regain the possession of its records. To prevent the restoration, Blair's office was guarded by men and guns, and notice was given that, if the sergeant should attempt to retake the records, he would be fired on. He, nevertheless, having been ordered to take them, had started to execute the order, but was induced to forbear by the intercession of Mr. Robertson, who met him on his way to Blair's office. Had he gone on, he would probably have sealed, with his blood, his fearless devotion to duty, and the consequence would have been much bloodshed at the capitol, and, not improbably, civil war throughout the State, then apparently trembling over the crater of a heaving volcano. In that critical dilemma, the House of Representatives made the offer of another olive branch, by resolving that the Governor, Lieutenant Governer, and the judges of the old and the new court ought all to resign, so as to relieve the country from the anarchy and perils likely to follow the astounding recurancy of the Senate and the new court. But this also failed by the same party vote in the Senate, which body, at the instance of John Pope, and some others, hitherto of the old court party, passed a bill for "Compromise," by the appointment of six Appellate Judges, none of whom were to be entitled to any salary unless commissioned by the Governor. The mass of the old court party looked on this as a surrender --at the moment of dawning liberty--of the principle they had so long and in a manner so self-sacrificing, been struggling to maintain and establish; and, therefore they determined not to tamper with the bill, but to reject it as soon as offered in the House of Representatives. Accordingly, as soon as reported-as it was by Mr. Pope himself, in an unusual manner, by an introductory speech-it was repudiated by the following vote on the question: "Shall the bill be read a second time?"

Yeas--Messrs. Barbee, Brown, Chenowith, Coombs, Crittenden, Fletcher, Fulton, Hall, Harvey, Haskin, Lackey, Lee, Logan, Martin, Maupin, Mayes, McClanahan, M'Cormas, Miller, M'Millan, Napier, Nuttall, Perrin, Porter, Prince, Samuel, Sanders, Spalding. Thomas, Thomasson, Wade, Ward, E. Watkins, Wingate, and S. White-36.

Nays--Mr. Speaker, (Robertson) Messrs. James Allen, Bainbridge, Blackburn, Breck, Breckinridge, Bruce, Bruton, Cosby, Cowan, Cox, Cunningham, Davis, Duke, Dunlap, Dyer, Elliston, Evans, Farmer, Ford, Gaines, Green, Grundy, Hansford, Hanson, Hardin, Hutchison, James, Marshall, M'Connell, Morris, New, Owings, Owsley, Payne, Reed, Skyles, Slaughter, Sterrett, Street, Robert Taylor, Z. Taylor, Timberlake, Turner, Underwood, Waddle, Walker, B. E. Watkins, Wilson, A. White, Woodson and Yantis-52.

No other measure of peace then remained but to appeal once more to the people, which the majority in the House of Representatives did in the following manifesto, written at their request by Mr. Robertson.

This last appeal was well sustained, and resulted in the election of old court majorities in both houses of the legislature, which, early in the session of 1826, repealed the re-organizing act, removed the obstructions thrown in the way of the old court, and restored peace and confidence to a long distracted community.

During the canvass of that year, cach party had its newspaper or

gan, established for the occasion; that of the new court was called "the Patriot," and that of the old court "the Spirit of "76" Among the arguments published in the latter were those contained in nine numbers, signed "Plebean," and which succeed the manifesto. These numbers were dedicated to the Governor, merely as the official organ and head of the new court party. The address was, through him, to his party, of which the writer considered him as the titular impersonation. No personal disrespect to him was intended. He and the author had been together in Congress on terms of cordial friendship. But such was the temper of the times, that every thing offered to the public, on that eventful occasion, must, to have much effect, be presented in a peculiar tone, corresponding with the hostile state of the conflicting parties, and the morbid condition of popular feeling. "Plebean," though high-toned and denunciatory, was not more so than the mass of the publications of that day, and not so much so as many on both sides. It was then understood, as intended, to be addressed to the new court party, and not to the Governor individually or personally.

TO THE FREEMEN OF KENTUCKY.

Fellow Citizens: After a session of six weeks ready to hail, as the harbinger of blessings for our devoted land, is still in eclipse. The and three days, the most eventful in the annals of our state, about to return to our homes, torch of discord, still unextinguished, threatand surrender the trust which has been con-ens more extensive desolation. Your judiciafided to us, it becomes our painful duty, asry, which should be the shield of the weak, faithful sentinels, to announce to you that "all and the panoply of all, is still at the foot of its is not well." As the immediate representatives victors, disabled by the blows inflicted by a of your interests, and organs of your will, con-reckless majority, whose forbearance your restituting, as we do, a large majority of the monstrances could not command-whose upHouse of Representatives, it is our melancholy lifted arm your constitution could not for one province to tell you, that those interests have moment suspend. The "Pretenders" to office been disregarded, and that will overruled by in the Court of Appeals, as if driven to desper the influence of your Executive, and pertinac-ation by some unaccountable influence of chivity of a majority of your Senate. Your prayers alrous patriotism, or excessive love of money for our success in the great business of pacifi- and power, still hang like an incubus on the cation in which we have been toiling, have not bosom of your constitution, stifling her voice, prevailed. Untoward fortune, whom we could paralizing her judicial arm, and stagnating not control, and who was deaf to your voice, her most useful principles. The "new court," has disappointed our anxious and reasonable the spurious offspring of a caucus, still clings, expectations. Such was her magic spell, that as with the grasp of death, to the judicial colwith all her united exertions, we have been umn of your political fabric, resolved in its ag unable to re-invigorate our debilitated consti- ony to tear it down, and either perish in its tution, and restore our land to peace. The crush, or, surviving its fall, mount the ruins, circumstances under which we assembled here and stand a monument of its unhallowed triwere auspicious, and we were exilerated with umph, and the prop and idol of its co-operatthe dawnings of a bright and happy era for ing party. And recent events indicate that Kentucky. But this was the vision of an ar- this fungus excrescence of legislation is to be dent patriotism-the illusion of an honest con- nourished not only by your treasury, which it fidence. The wild spirit of anarchy and of has already robbed of about $6,000-but, if domination, which has so long presided over necessary, by the blood of those infidel citiour destinies, still lingers in our councils, and zens, who shall be so impudent as to deny its controls their issue. The political horizon, legitimacy, or so daring as to refuse homage to which we were prepared to behold, ere now, its usurped authority! This mock tribunal, clear and serene, is yet lowering and porten-defying public opinion, to which it boastingly tous-that cheering sun, whose light we were appealed, and which has denounced it as des