Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1825-02-04

| principles of the l,elicl Laws-and these mar
ties by their superior violence, auuihla,ed all
| Prc-eNlshng distinctions. The Court of AppeaIs
OF the Stale, with innness and virtue WHICH
do them much credit, resisted the execu,ion
ct the Relief System, upon consttutionaI
grounds. This body is created b, the Consti
e"tt'n OF Kentucky, and the only modes by
"'o" i,S meinoers can he removed, are Speci-
! hed IN The same instrument.
! AZ THIS session Of the I.egislot,,ro r ,,,,,,i..
'"1'fs have come 20 crisis The Ron,or
H''hnesS OF the Court of Appeals presented men
peraoie obstacles 60 the Establishment as .l
''eIei system. 1t was necessary to o,et I'D f
/ ''''' ana as the constitutional modes coud NOT
oe 'eSoFtcd 10 with any hope of effect. tbeSna.
J"'"E oil me kentucky Legislature Determined
10 accomplish IT bya Legislature provision rio
ora court OF Appeals were Ie~txi,,fed out of ov-
f'e"ce' ana theT functions transferred ,o = new
3D., Wv "'c FAMED "arry, the father of the
kaei system ;d their head. S
! The following is the protest of tbe ,pi,o,;.,.
OF the Legislature on tie passage eff lay
! IL Envelopes the unconstitutional cl,oractc, %
lic heasure--it proves ii TO be the Destruction.
oil liberty Itself, in stronger terms than NC COR,
10 The minority declare Kentucky TO KE
IN STATE OF REVOI. UTION-tbat its.
constitution has been virtually abolished bv an
ordinary Legis!ature-and that all the mowers
| OF government, no longer distributed atnono,
the departments, are in the hands of the Genera
Assembly. No''ei" al
These high-handcd measures are moi h., tL.,
minority, with indignant and violent sn;,;t
'-Hof'S are making TO sustain the old Cour+ Of
Appears vehement appeals are maxine IN tb,
p'opie-and heated partizans of either side
scruplc not to speak OF " ar and 81, OODi
PROTEST,
| " me minority, against The act ye-oygon;-;ue,
-, ne Court IF ARpeais.
Inc undersigned composing the minority of
the Legislature, who voted against the act .;,e-
organising the Co"rt9 .4ppeais." being about
" '''"i''e' perhaps never TO meet on this thea
ire agaIn cannot, consistently, with sense of
duty to ourselves, our constituents and the com
Stullon OF our country, close our official duties
without unillng together, and with one voice. re-.
specially aiiirmly, and solemnIv, prote,tino.
against TINS unprecedented act as unconst;tr
tlonal, unjust and alarming.
me constitution decl ares, that Ssthe iudpeQ Of
the supreme aud inferior courts Shall Sol6 tha;r
ollceS during good behaviour, and the continu-
ahce ol their respective courtsn While tho
rouil continues, tie Judge is entitled TO his of
nee "htll removed Tor msbehavour. If me be-
charged with malfeasance in office. the conet;-
tuhon requires that heshall he inneacbed--hrt ;
| II Tor auy ether reasonable cause, not suffcient
iof an impeachment, ii be proposed 20 remove
ilth' Al Is necessary that two thirds of both
branches ol Tie Legislature should concur in an
address 10 the Governor, TO remove him. The
constitution tolerates no other mode of rernox,;n,
he J"dS e from tie obice. this is denied by none
/ II theh the .GH"t cannon be abolished or discon-
thued, lie attempt 70 remove the Judres nv tic
reorganization, is 'pGlpabky anil ob,;o,,yj,,,;
constitutional. We insist hat the consT IF ~
Peals is created by the constitution. and tbera
lore can only be abolished by the people. m
convention. FF' "
NO stronger evidence of this is necessary
than tie following extracts from the constitn
1ioh. = lie powers of tile government of the
state OF kentucky shall be divided into three
! distinct departments, ana each OF ihenr confined
| to separate body of nagstracy, VIZ Those
which are Legislative TO one; those which are ex-
ecutIye, to another; and those which are iudici
airy, another" The Legislative power of this
! commonwealth shall be vested in two distinct
branches" &c. "Tbe supreme executive no,v-
| er OF THIS commonwealth shall be vested in =
Chief magistrate" &c. The, judiciary noyers
o. this commonwealth shall be vested in one s,-
preme court" &c. Each depa,i,ac7st Is created
| oy the constitution, for wise enlIs--snd rnust
exist Is long a the constitution endnrcs There
must he judiciary department, as well rs Ieris
'a'"e ""d executive. The ultimate powers of
that department must be vested in onc c0,tri of
]
rnent. The supreme powers of that department
must be vested IN q cT7Iei magistrate The row
/ erh"r can only be removed from hi, Office bv
two thirds, on Wpcacirnent-thc Office ranont
he removed from him BY any act OF the feg,,la-
ture The Judges OF the court of appeals can
only be removed from Tue offices by t,go.tlr,js.
either by Impeachment or address. The offices
cannot be removed from the Judges by an, act
OF tie Legislature. The court cannot be abol-
lNhed-and Judges unless removed by imneach-
ment or address are entitled to hold their offices
during the continuance of their court. There
smut be a court of appeals and but one court of
appeals II the legislature can abolish or dis
continue il for moment, there Is notbinc, IN
prevents IFS abolition forever But the conyen-
ton who formed The constitution have not
thought proper TO leave to the legislature The
power of creating or DESTROYING, of moJiCyino mr.
Changing the three great departments of fine
government; they are fixed by the copst;t,,iop
and are as stable and irnmoveable as that sa-
cred aud invioIable charter. Allbouph the
governor may die or esgn, there is still an e,
ccutive department and if is the same depart-
rnent Aud although the Judges of the coprt
! OF appeals may die or resign. there IS still
court OF appeals, still the same court. The off
4 GERS, IN each case may change, but the Office IS
/ the saEne-the executive still continues This
I Is the doctrine ofthe constitutional is the doc.
/ trne Of genuine republicans-it is the doctrine
OF the republicans Of 1902, with Nh jefferson, =,
their bead. The republican party in COMPRESS
/ IN '8O2, acknowledged that the supreme courf
could not be abolished nor the Judres removed
from Office by any at of ordinary leoislatio,t.,
! because the court was established by The CON
! stifufign and tho T,I.r,. D., IL 81. =.