PREAMBLE AND RESOLUTIONS OF THE LEGISLATURE OF KENTUCKY, IN RELATION TO THE LATE DECISION OF THE COURT OF APPEALS ON THE REPLEVIN AND ENDORSEMENT LAWS, AND OF THE SUPREME COURT OF THE UNITED STATES ON THE OCCUPYING CLAIMANT LAWS OF SAID STATE.
[Frankfort: 1824]. 28pp, as issued, with caption title. Disbound with light to moderate foxing and a few light spots [not affecting legibility]. Good+.
The pamphlet is signed in type by G. Robertson, Speaker of the House of Representatives; W.B. Blackburn, Speaker of the Senate pro tem.; and Governor Adair, who approved the Preamble and Resolutions on December 29, 1823. George Robertson (1790-1874) had also been Chief Justice of the Kentucky Court of Appeals. The Preamble and Resolutions was prompted by the startling decision of the Court of Appeals, which "declared the existing remedial laws of the state to be unconstitutional and void. . . "
The Court, in the Legislature's view, displayed a stunning degree of constitutional arrogance. "The decision of the court of appeals displays an exertion of judicial power, not conceded to that department by the constitution of the State, greatly injurious, if not ruinous in its practical effects, to very many of the good citizens of this state, and incompatible with the great and essential rights of civil liberty, with the fundamental principles of republican government."
Cohen 1094. Jillson, Rare Kentucky Books 71. AI 16784 [3]. OCLC 13487105 [12] as of May 2024. Item #40009
Price: $750.00