a new one, beginning the Old Court-New Court controversy. The members of the existing court – Owsley, John Boyle, and Benjamin Mills – continued functioning in that role, while a new court of four pro-relief justices was organized by the legislature. For a time, both courts claimed to be the court of last resort in Kentucky, but by 1826, supporters of the Old Court won control of the legislature and abolished the New Court. Having seen the court through the Old Court-New Court controversy, Chief Justice Boyle resigned in 1826. In December 1828, Mills and Owsley also resigned. Their resignations were an attempt to silence criticism from the defeated New Court faction that they held their seats in defiance of the will of the people. Old Court supporters hoped both men would be re-nominated and re-confirmed by the legislature, making the New Court's charge less credible. Accordingly, newly elected governor Thomas Metcalfe submitted both men to the legislature for confirmation, but the nominations were defeated in the state senate. Thus ended Owsley's tenure on the court. It was, at the time, the longest tenure of any Court of Appeals justice except John Boyle. Owsley returned to his legal practice, and his case load soon compelled him to move to Frankfort. Governor of Kentucky Owsley returned to the state House in 1831, and served in the state senate from 1832 to 1834. He also served as a presidential elector for Henry Clay in 1833. When James Turner Morehead ascended to the governorship upon the death of John Breathitt, he appointed Owsley Secretary of State for his shortened term from 1834 to 1836. In 1843, Owsley retired from the practice of law and purchased a farm in Boyle County. In 1844, Owsley was elected governor on the Whig ticket, defeating Democrat William O. Butler by a vote of 59,792 to 55,089. A fiscal conservative, Owsley reduced the state's deficit slightly, and was reluctant to rebuild the state penitentiary, which was damaged by fire. Despite his reluctance to spend, he urged the General Assembly to increase funding for public education. "Nothing but money will do it," proclaimed Owsley, "and it is left to the appropriate department – the legislature – to determine on the expediency or inexpediency of raising it." In response, the Assembly passed only a small tax to benefit public education. Education made progress during Owsley's tenure, largely due to his