Old Court – New Court controversy
As the economic situation in the state improved in the second half of the 1820s, the Old Court supporters regained control of both houses of the General Assembly.In Kentucky, rapid population growth and strong demand for the state's goods led to land speculation becoming a popular enterprise.In 1822, Bourbon County circuit court judge James Clark ruled in the case of Williams v. Blair that the replevin law violated the state and federal constitutions.This ruling was so unpopular with the Relief Party that they attempted to remove him from office, but the 59–35 vote fell just short of the needed two-thirds majority.Fayette County circuit court judge Francis P. Blair issued a similar ruling in the case of Lapsley v.[6] Governor John Adair, a Relief Party supporter, urged the resistance, framing the issue as the court impeding the right of the people to self-govern.[8] Frustrated by their defeats in the judiciary, the Relief Party turned its attention to the gubernatorial election of 1824, where they backed General Joseph Desha.During the debate, Governor Desha personally lobbied legislators to support the measure, a blatant violation of the rules of the House.[8] Francis Preston Blair, the New Court clerk, assembled a group that broke into Sneed's office and took what records they could find.[11] In December, the Assembly's committee concluded that the Old Court justices were "constitutional judges" and consequently, the legislature did not have power to abolish their positions.The General Assembly decided to speed the reconciliation of the two sides of the controversy by naming New Court partisan George Bibb as Boyle's replacement.[9] In the April 1829 case of Hildreth's Heirs v. McIntire's Devisees,[15] the reconstituted Court of Appeals declared all of these decisions void.
Joseph DeshaKentuckyKentucky General AssemblyKentucky Court of Appealscourt of last resortPanic of 1819replevingovernorcommon lawWar of 1812speculationSecond Bank of the United StatesLouisvilleLexingtonGabriel Slaughterbills of exchangedepreciatedcapitaldebt imprisonmentsound moneyBourbon Countycircuit courtJames Clarkreplevin lawfederal constitutionstwo-thirds majorityFayette CountyFrancis P. BlairGeorge M. BibbGeorge RobertsonBen HardinJohn RowanWilliam T. BarryJohn BoyleWilliam OwsleyJohn AdairGeneralHouse of RepresentativesSenateFrancis Preston Blaircontempt of courtLieutenant GovernorRobert B. McAfeeJoseph R. UnderwoodBeauchamp–Sharp TragedyIsaac B. DeshaBank of the Commonwealth (Kentucky)Harrison, Lowell HayesJames C. KlotterLexington, KentuckyKlotter, James C.Baltimore, MarylandThomas D. ClarkLowell H. HarrisonClay, Cassius MarcellusBloomington, Indiana