Formation of the New Court Old Court – New Court controversy

william t. barry served chief justice of new court

frustrated defeats in judiciary, relief party turned attention gubernatorial election of 1824, backed general joseph desha. desha s election overwhelming vote of 38,378–22,499 seen party mandate pursue relief agenda. proposal reduce salaries of court of appeals justices 25 cents per year discarded without vote, house of representatives mustered votes remove offending justices. justices spared removal when senate failed pass measure two-thirds majority. vote 23–12.

on december 9, 1824, senate voted repeal law had established court of appeals , establish new court of appeals 4 justices. measure came house floor on december 23. during debate, governor desha lobbied legislators support measure, blatant violation of rules of house. next day measure passed in house vote of 54–43. governor desha appointed pro-relief stalwart william t. barry chief justice, , 3 associate justices relief party supporters.

the existing court , anti-relief party refused recognize new court valid. achilles sneed, clerk of old court, refused legislative mandate turn on records new court january 1825. francis blair, new court clerk, assembled group broke sneed s office , took records find. sneed charged contempt of court , fined refusing turn on records. old court continued meet in church in frankfort; 2 supreme courts, possibility of civil war in kentucky loomed.