The central gazette. [volume] (Charlottesville, Va.) 1820-1827, 1825-02-12
KENTUCKY.

Court OF Appeals presented insupera.
Bile obstacles TO the establishment OF
the Relief System. 1t was necessa-
ry to get rid Of them and as the con.
BiiIu,ional nudes could not be resorted
TO with any hope OF effect, the majority
orthe Kentucky Legislature determined
to accomplish ii by a Legislative provis-
ion. The old Court of Appeals were
tegiSlaied nut Of existence, and their
Functions transferred TO n new court.
with the famed Barry, the father Of the
Belief system at their head.
The following is the protest of the
minority Of The Legislature on the pas
sage Of that law. 1t developes the un-
constitutional character OF the measure
lit proves TO be the destruction 0fliber-
~ itself, in stronger terms than we can
do. The minority declare Kentucky
10 BE IN A STATE OF REVOi.U-
TION-,hat its Constitution has been
virtually abolished by an ordinary LIE.
giSIa,arc--ahd that all the powers OF
government, no longer distributed II
mong the departments are in the hands
of the General Assembly,
These high. handed measures are met
by the min,ri,y, with an indignant and
violent spirit. Efforts are making TO-
sus,ain the old Court of Appeals; We
hement appeals are making TO the peo-
ple-and heated partikans of either
sill ~cruple not to speak of WAR and
BLOOD!
PROTEST.,
Of the minority, against the act re-or-
ganising the Court IF Appeals.
The undersigned, composing the mi
nority of the Legislature, who voted
against the act - recognising the
Court Of .appeats," being about TO sep
arate, perhaps never to meet on this
theatre again, cannot, consistently, with
Il sense of duty to ourselves, our con
s,iluents, and constitution Of our coun-
try, clase our official duties, without
uniting together. and witty one voice,
respectfully. aifirmly, and solemnly,
protesting against this unprecedented
act. as unconstitutional, unjust aud "a
Farming.
The constitution declares that " The
judges of the supreme and inferior
good behaviour, and the continuance Of
their respective courts" While the
court continues, the Judge is entitled
10 his office. until removed by misbeha-
yinur. If he be charged with malfeas
ance in office the constitution reguiers
thnt he shall be impeached-but If for
any other reasonable cause. not suili
n: r,- a. al In
ed TO remove him. it is necessary thar
two-thirds of both branches Of the Lee
Sislature should concnr in IN address 10
The Governor. TO remove him The
constitution tolerates no other mode OF
removing tie Judge from the office:
this is denied by none. Ifihen the cart
cannot be abolished or discontinued, the
attempt to remove the Judges by its re-
organization. is 4" pnLpably and Curious
{y' unconstitutional. We insist that
the court of appeals is erected by the
constitution, and therefore, can only be
abolished by the people, in convention.
No stronger evidence of this is neces-
sary. than the following extracts from
the constitution. The powers Of the
government of the state ok enlueky
shall be divided into threfdisiinrt de-
partments. and each Of them confined
10 a seperate body Of magisiracy, viz:
Those which are legislative TO one
those which are executive, to another; &
those which are Judiciary, ano'ber."-
The Legislative power OF this common
wealth shall he vested in two distinct
&c. The supreme execu-
live power Of this commonwealth shall
be vesteI 10 a chief magistrate" &c.
The judiciary powers Of this common
wealth shall he vested in one supreme
court" &c. Each department is created
by the constitution. for wise ends--and
must exist as long as The constitution
epdures. The ultimate powers Of that
department must be vested III one court
Of appeals. There must be an exeeu-
tive department. The supreme powers
Of that department must be vested in
chief magistrate. The governor can
only be removed from his Office by two
thirds, on impeachment--the office can
not be removed from him by an act Of
she legislature. The Judges Of the
court Of appeals can only he removed
from the Offices by two thirds. either by
Impeachment or address. The offices
cannot he removed from the Judges by
an act VI the legislature. The court
cannot be abelished--and Judges nuless
removed by Impeachment or address are
entitled TO hold their office during the
n nj