Martinsburg gazette and public advertiser. [volume] (Martinsburg, Va. [W. Va.]) 1826-1833, 1826-01-05
VARIETY
KENTUCKY.

The two House of the Kentucky lie
gislaiure have appointed Committees of
Conference on the subject Of the Court
OF Appeals. Two " three meetings have
taken place. but no arrangement had
been effected.
1t a pears from the following report
that an attempt has been made TO sustain
the Clerk of the new court of Appeals
in resisting the Sergeant of the old
Court, by force Of arms At the request
of Mr. Blair, the Clerk of the new Court,
Captain BIBB, of the Frankfort Guards,
appears to have called out that body,
and eighteen muskets are said to have
been loaded, to resist 1.-The anticipated
proceedings OF the house of Represen
tatives. and the execution of an order
of the Court Of Appeals" Twenty
members of the Guards have datermin
ed to leave the ,rps, in consequence of
this proceeding No further evils like,
" to occur, as the Frankfort Common
tator tell Us that the guns have been
discharged, & replaced in their former
peaceful corners The following re
port was introduced by Mr.. TURNER.
and passed by vote Of Ga to %.
The Committee raised to enquire whether
any. and & any, what military preparations
have heen made TO prevent the House OF Re,
pr, sen, atiyes or any Of It's committees or any
nf the colrt OF US ce, from the disc large Of
lheir Ieeitmsts functions, bye according -
o der made such inquiry, and submit tor the
consideration of The House the following Re
port;
Under an act Of Assembly Of last session Of
the Leg stature purportng TO repeal the law
org ,nizlng he Courts Of Appeals the Govern
or ppointed four individuals Judges OF SAID
court. who assumed the powers OF Judges,
appointed F r. Blair their clerk, aud proceed
ed to act as court
Tina, the Judges here ,ofore in Office denied
the validity OF sad law. 50 ia as It went to
vacste their Office, and relied on the provisions
of the cOnstiju ion securing 10 them their Of.
fees, until removed by impeachment or ad
dress.
The newly nzed tribunal contended
for he validity OF sand act and MADE an order
directing the pagers and records OF the csurt
TO he taken from the Clerk ct the old court
BIZ force which was accordingly done
X
ed in opinlon on the que ston of the validity
Of the said act of Assembly the old court, and
those who sustained its preten,ioDs, determin-
ed neither to resist the caption of the rapers
and records, nor o attempt to re take them
by force. but to appeal to the good sense OF
the people for the protection OF the constitu-
ton. and the independence OF the supreme
judiciary.
An appeal was accordingly made. in which
appeas the new court and its friends joined
So far TO the credit of both parties, IT APP
pears his dispute WAS to be settled by reason,
and not by force Each party expressed an
entire determination to submit 10 the decision
of the people,
The election result d in favour of the old
court and for a time uehlsive hope was en-.
tertained hat, faithful to the pledges of ahid
ing The decision ofthe people, the new curt
and ITS friends would end the Improbable con.
test that We should sgain be one people; and
that in future, the wisdom and energies OF the
State would be directed to the advancement o
those grea, objects of State concern which are
occupying the attention OF our SISTER States
Before the commencement OF the present
session Of the Legislature, there were some
circumstances occurred which diminished the
confidence entertained that the contest was 81
an emf: YET all iObhFu iUiNaiN wiz
care to the message OF the Governor tor lnfor'
nation of conclusive characttr.
1t IS true, a large portion OF TIE community
had ceased to hook at that branch OF the gov
ernment with that confiden, hope OF receiving
what we should naturally look for from the ia
Their OF the people
The message, when it came, was bitter
pill to sixtyIwo hundredths of the people 1t
proposed compromise, the terms OF which
were 10 quit the great constitutional quesucT
which they have settled in favour OF the ole
court and # this were not done, the re organ
iz,ng law and the new court were to be sup
ported, and the old court y as threatened to d
resja.edty force, Through scenes yet un'rled-
committee was raised in this House TO as
| CERTAIN and reported tie obstacles IN The wa!
Of the Court Of Appeals in the discharge OF II
| duties Nth pow ers to send for persons az
papers; that committee reported some OF tn
above facts, upon which reISft resolution
&ss passed declaring that the Judges ~ oihe'
| before the passage OF said act Of Assembly ~er'
| el tie only constitutional Judges, and TIA
| taey had the POWER, and on ht TO exercise Il
N taking their papers from I. 7. DiaiF.