exorbitant degree. Then the shadow disappeared, and the true financial condition was exposed. Before the end of the year 1818, most of these unsubstantial banks were wrecked; and, in 1820, the legislature repealed the charters which gave them existence. With the banks went under also a vast number of speculators who had relied upon them. The suffering from debt was terrible. The cry for some means of relief resounded throughout the State. And now began an intense political conflict. The State became divided into two bitterly antagonistic factions, known as the Relief and Anti-Relief parties. Each enrolled many of the distinguished names Two new State parties of the time. On the one side may be mentioned William T. Barry, George M. Bibb, Joseph Desha, John Trimble, and John Rowan; on the other, Richard C. Anderson, John J. Crittenden, R. A. Buckner, Sr., George Robertson, Christopher Tompkins, and Robert Wickliffe. At first the Relief party was stronger in the State. The great mass of debtors were in favor of the measures it advocated. General John Adair and Major William T. Barry, both Relief candidates, were elected governor and lieutenant governor. Commonwealth As a "relief measure," the legislature of 1820-21 chartered the Bank of the Commonwealth. This bank was allowed to issue $3,000,000 of paper money, Bank of the and was not required to redeem its notes in specie. Soon the paper of the bank fell far below its face value, and creditors refused to receive it in payment of their debts. But the legislature had passed a further act, known as "the two years' replevin law," under which every creditor was obliged to accept in payment of his debt the paper of the Bank of the Commonwealth, or KENT. HIST. — 9 receive nothing at all for two years, with the risk at the end of that time of further delays, or the failure of his securities. decision The question of the power of the legislature to pass such an act was brought before the judges of the State. Judge Clark's The first to give an opinion on the point was Circuit Judge James Clark, of the Clark County district, who fearlessly declared the act unconstitutional. The Relief party was strong in numbers and power. The storm raged about him; but no recognition of individual loss made Clark waver in pronouncing the judgment which seemed to him correct. He was brought before the legislature in the spring of 1822, and resolutions were entered requiring the governor to remove him from office. The resolutions, however, failed to receive the necessary two-thirds vote, and were consequently lost. Decision of the court of appeals All now anxiously awaited the decision of the court of appeals. This highest tribunal of the State was then filled by men of recognized integrity and unsurpassed legal ability. John Boyle was chief justice, William Owsley and Benjamin Mills, associate justices. In the midst of an intense excitement which pervaded the entire State, the judges maintained a dignified silence, and awaited the time when they should be called upon to give a decision as a court. in the autumn of 1823. This occurred The verdict of the court sustained the decision of Clark and the other judges who had concurred with him, and declared the "replevin law" unconstitutional; that is, directly in opposition to the constitution of the United States, which provides that no State has the right to pass any law which shall impair the obligation of contracts. Now, there were many men in Kentucky at this time who believed that a State had the right to nullify or disobey a law of the United States, if that law interfered with what seemed to them the right of the State. Thus was brought into the controversy the old point of divergence between the Federalist and Democratic parties of 1798. The mass of the people were for the time in sympathy with the Relief party. The decision of the judges awakened great opposition and caused intense excitement in the State elections of 1824. The Temporary power of the Relief party result was victory for the Relief party. Gen eral Joseph Desha, the Relief candidate, was elected gov ernor by a majority of nearly sixteen thousand over his opponent, Christopher Tompkins, of the opposite faction; and General Robert B. McAfee, also a Relief candidate, was elected lieutenant governor by a majority of about eight thousand over William B. Blackburn, of the Anti-Relief side. The Relief party also had a majority in both houses of the legislature. The judges of the court of appeals held office for life, dur Joseph Desha ing good behavior. They could only be removed by the concurrence of two thirds of both houses. Old court of abolished That their removal might be accomplished, appeals the judges were brought before the legislature the following December. But as in the case of Judge Clark, the number of votes necessary for their removal was not obtained. Nevertheless, it was the will of the majority that the judges should be removed. Another means to accomplish this object was now resorted to. A bill was introduced to repeal the act under which the court of appeals had been established. If this were carried, then a new court might be organized in harmony with the will of the people. For three days, before crowded houses, the bill was debated. Each side put forth its best efforts in this unique contest. Logical and brilliantly illogical arguments mingled with the bold charge and counter-charge of the combatants. The bill passed both houses by a large majority, and was signed by the governor. A new court of appeals was soon organized. William T. Barry was appointed chief justice, John Trimble, James A new court of appeals organized Haggin, and Rezin H. Davidge, associate justices. The clerk of the old court refused to give up the papers and records of the court to the new clerk, whereupon the office was broken open to obtain them. During all this time of trial, the old judges stood firm in their conviction, and continued to sit as a court, in spite of opposition. A majority of the lawyers recognized them as the only court and obeyed their decisions. Some recognized the new court, and others refused to decide between them. was quieted An entertaining incident, which expresses the high excitement of this time, is recorded as having taken place How a riot in Lexington. There occurred in the streets of that town a regular pitched battle on this subject. Men appeared armed with pickaxes, with which they tore up the sidewalks, that they might have bricks to hurl at those who differed from them. When the riot was at its height, R. J. Breckinridge and Charlton Hunt, young men then in the beginning of their careers, |