Page:The Green Bag (1889–1914), Volume 11.pdf/206

 " The Old Court — New Court Controversy'." and honor say the same — and the Constitution of the Union has in substance said the same, and has added that the legislature shall not prevent it. We have said no more, and for this we are called in question. . . We will not dwell upon the evils which may result from such a state of things. Without invoking the powers of imagi nation to our aid, we may conceive of the pros trated rights of a litigant, contending in this court against the fearful odds of executive and legis lative influence thrown into the scale of his ad versary; and his judges watching the legislative nod, and effectuating the ruin of this litigant, by sacrificing his life or his fortune at the shrine of popularity. He, perhaps, is humble and obscure; but armed with the justice of his case, while his adversary is popular and wealthy, commanding the homage and obeisance of all around him, and able to call to his aid legislative and executive influence and decide the contest." After issuing this address the " Old Court" adjourned and waited to hear from the people until after the August elections in 1825. The most furious campaign followed. Nearly all the lawyers sided with the " Old Court" and by so doing brought down upon their devoted heads and their noble calling the most fiery denunciations. The people were told in effect that the lawyers were the enemies of all mankind and were conspiring with the old judges to take away their property and to enslave them. They lost sight of the fact that there would probably be lawyers on both sides in every case. The " Old Court " party bitterly denounc ing the " midnight caucus " that had brought to life the "New Court," as an invasion of the Constitution and of the people's liberties, sounded the alarm and, from every town and hamlet, the warning cry was taken up. The elections of 1825 came on and the "Old Court " party was triumphant, carrying the State by a majority of 8000. The " New Court" adherents, though beaten, rallied again and renewed the struggle with even more bitterness than before. They claimed that the people had been bribed; that they had not understood the questions submitted

183

to them, and with scarcely a lull the storm was renewed. The " Old Court," claiming that it had been vindicated, began again to hold regular sessions and to decide cases submitted to it. The "New Court "(by its opponents called the " Fungus Court" and the "Desha Moot Court") did the same. Some of the judges of inferior courts obeyed the mandates of one court; some obeyed those of the other; some obeyed both. Had this continued long, civil war must have re sulted. All respect for law and public authority was fast dying out, and the whole country looked on while two sets of men claimed authority as the Supreme Court of the State when the Constitution provided for but one. Numerous personal conflicts all over the State were provoked by the violence of political discussion. On the night before the meeting of the legislature, in 1825, Solomon P. Sharp, a distinguished lawyer, ex-attorney general of the State and one of the most prominent leaders of the " New Court " faction, was shot down by an assas sin, Jeroboam O. Beauchamp, who claimed to have a private grievance against him. So great was the violence of party feeling that his murder was immediately charged to the " Old Court" party who in turn held the leaders of the " New Court" party responsible for bringing personalities into the campaign and provoking Beauchamp to commit the murder. Beauchamp's father claimed that Governor Desha had promised a pardon to his son as an inducement to implicate some of the " Old Court " party. Patrick H. Darby, editor of a Frankfort paper and an "Old Court" adherent, was openly charged with being accessory to the murder, though clearly without foundation, and the widow of the murdered man was dragged into the public prints in order to help fasten the charge on him. As a result of this, T. B. Monroe, reporter of the Court of Appeals and a " New Court " man, was caned by Darby, who in turn was indicted