86 
Indiana University 
Blair vs. Williams and Lapsley vs. Brashear were erroneous ! 
and wrong, and asserted that since the laws which these deci- 
sions had declared void were constitutional, the legislature 
would not pay any attention to the decisions; and further, 
whether the replevin laws were or were not expedient, they 
“are believed to be constitutional and valid, and which should, 
when it shall be thought expedient to do so, be repealed by the 
Legislature and not by the Appellate Court”. The resolutions 
were adopted by a vote of 56 to 40.^^^“ It is worth noting that 
one of the resolutions introduced in the lower house at this 
same time by Mr. Rowan proposed to repeal some of the 
troublesome relief laws, but it was defeated by a vote of 50 
to 45.^^^ A few weeks later, however, in January, 1824, the 
replevin laws were repealed, and in their stead a law was 
passed that all property taken by executions from courts 
should bring at least three-fourths of its value in gold or sil- 
ver.15^ The importance of the replevin law dwindled and faded 
away before the passions aroused in the conflict between the 
legislature and the courts.^^^ The court decisions, however, 
seem to have had the effect of making some of the politicians 
of the time look around and think, even tho it did not convert 
them. 
With resolutions denouncing the decisions of the court of 
appeals came a demand on the governor for removal of the 
judges by address. As was the case in the preceding legisla- 
ture in the attempt to remove Judge Clark, a two-thirds ma- 
jority could not be obtained. The judges of the court of ap- 
peals put up a vigorous fight and were supported loyally and 
saved by the anti-relief party.^^® It is interesting to note that 
as much antagonism as there was against the courts then, 
and with more to come between 1824 and 1826, the various 
movements to call a convention to change the constitution did 
not gain many adherents or much momentum. The movement 
started when Judge Clark made his decision, and a bill was 
passed in the lower house, directed by the relief party in 
November, 1823, to call a convention to change the state con- 
stitution.i®'^ This would have been a much less radical proce- 
15“ National Intelligencer, December 29, 1823. 
135 Niles’ Registeh-, XXV, 275 ; National Intelligencer, December 29, 182S. 
154 Kerr (ed.). History of Kentucky, II, 622. 
Niles’ Register, XXIX, 221. 
135 Robertson, Scrap Book, 51-74, gives an able address made by Mr. Robertson on 
December 4, 1823, against the Rowan resolutions. 
131 National Intelligencer, December 4, 1823. 
