SPEECH OF MR. JOHN POPE, DELIVERED IN THE HOUSE OF REPRESENTATIVES OF THE LEGISLATURE OF KENTUCKY, AT THE NOVEMBER SESSION, IN THE YEAR 1823, ON CERTAIN RESOLUTIONS OFFERED BY MR. ROWAN, DISAPPROVING THE OPINION OF THE COURT OF APPEALS OF KENTUCKY, DECLARING THE LAW ALLOWING DEBTORS THE RIGHT OF REPLEVY FOR TWO YEARS, UNLESS THE CREDITOR WOULD CONSENT TO TAKE THE PAPER CURRENCY IN PAYMENT, UNCONSTITUTIONAL.
Louisville: S. Penn Jr., Printer, 1824. 29, [3 blanks] pp. Disbound with a couple of fox marks and light toning. Else Very Good. The last part of the title ("declaring" through "unconstitutional") is printed on a mounted label, as with other copies noted in bibliographies. Ownership signature of William Findlay, probably the U.S. Senator from Pennsylvania, at head of title.
After the Panic of 1819, Kentucky enacted Debt Relief Laws staying the payment of debts and requiring lenders to accept payment in notes of the new, uncapitalized Bank of Kentucky. Lenders who refused would be forced to endure lengthy delays before payment, if ever.
In 1823 the Kentucky Court of Appeals [now the Kentucky Supreme Court], in Williams v. Blair, held that Kentucky's Debt Relief Law was an unconstitutional impairment of the obligation of contracts. Opposing John Rowan, who supported the Relief Party, Pope defends the Court's decision, the supremacy of the Constitution, and judicial independence. "Let it not, therefore, be pretended, that a majority here, or of the people can annul those principles of freedom and justice, which in the deliberate display of their highest sovereign character they have declared."
Sabin 64110. AI 17670 [4]. Not in Cohen or Coleman. Item #38383
Price: $750.00