True American. [volume] (New Orleans [La.]) 1835-18??, 1839-03-11
HOUSE OF REPRE- rATIVES


On motion of Mr. Morse the hill for t;,r relief II r.
Williams was taken into consideration; Messrs LEV is
Morse, Winchester and Muse advocated the auropr ria,
tlon made by the BILL and Mr. Brnsl,anr r,,dcavored ia
obtain dminulion of the amount III. in was
passed.
Mr. Guion movcd to reconsider the resolution granting
leave OF absence to Judges Eu-s and Rosie of The
Supreme Court lie had voted f. r the rrsuluti,n dc
sig nS to grant the request Of the Judges, provided ma
delay OF public justice wonil take III e., but sine,
Yesterday h, had heard eminent member of the bn
express the opinion that for the drc<in OF case Il ma
Jorily OF the ~hoi court concur il, opinion. II this
was correct the n'seucc of any nft Judges, would
have very injurious effect, for in case III the absence
OF one, Three must always agree for decision, and in
case OF the absence Of lwo the Whole number pres n
'h'ls concur. Under such $tanccs, he could moi
vote Tor the leave Of absence.
Nlnssrs W ncllcsler Conrad, and Bra hear maintained
mat under The constitution three judges formed quo
rum, uIat quorum was the court and IL joriv would
OF course decide the cases before the cour--tc House
OF Representatives., for inStnnee, is nf5A menu
heisy yet bare majority of 26 formed II quorum, and Il
'lnJo y OF that quorum, IA members n,juriry of the
whole legislature, passed laws.
After some remarks from Dir Davidson the question
OH INC melton to reconsider, was PUT, and the House
was equally divided, whcreupon the Speaker gave his
casting vote in favor of reconsider ring.
Mr: Lewis remarked that the vote he intended to give
on tniS question, was not dictated by any motives OF
hostility to either of the ju4gcs-ot Judge ho~tc lr
rh'efln'neI great respect for his qualities, both a n
lawyer and II man. udgc Eustis, lie thought, worthy
OF every thing honorable Louisiana could conicr-hol
Hle nrpnn'mcnts were drser'edIy popular. But Mr..
l.. considered it his duty oppose the leave Of absence
as it might cause failure Of the term in the Western,
Distr'ct. Tie Court was TO be composed of five
Judges the full number allowed by the Constitution
lhea Ju''Ses AT least must sit in every Now sup
pose one judge absent in Europe TO ay nothing of the
delay IN case of an equal division of the remaining
!n'gcs) II ms lit happen that the presiding Judge ,s
Is od and intr, would find himself unable to travel to
orelo''sas; and 'llen agaiA of the three remaining
Judges one viii be probably selected from the Western
'lstrtt' he Will be gentleman whosc large practice
has '.een extended to great many cases before the
court he will be bound to rccuse himself and thus in
majority OF cases, the number Of nd would he
u'lceh 10 i've" aud the term would he lUs-a matter Of
immense importance. But even admitting that three
Judges would Sit in cry case, i, is well 1t ow II to be
long established custom in courts thus constituted to
bench can be oltane'; for they reluctantly make
decision, which might dlGr from what would be the
ophiun of tho majority Of the whole rout-ll,cy cid
nj" Ike I" make decisions which might another oc-
cahh be reversed by their Cnlleag cues. 4 great man
cases would be suspended by this reason alone, Nc
MIR Conrad stated that the senior Judge was very
Inriun iii his attendance; he had never been accused!
q" lack f"ssid,ly he had, inr Mr. Cs kluwl-
"" extended never 'nled 10 attend the court in the
Western DISTRICT, Nc.
Mr. Lewis cocnrrcd in the statement, cxcopt as ,c-
sarls the last court, which failed because thu or
Judge d'd not nrrv" in tine. The iniinncs of that
Jn 'gc we've ofcourse daily increasing, ard the future of
INC court might again take place in consequence of his
ndisposton, Or of the sickness OF ether of the other
judges.
lil. question was then put, and tho resolution
lost hyn vote of 70 TO Is.
Mr. "adsmo fil moved to take up the bill 70 cnu So
Digest of the laws of the State be prepared. Dur
ing the discussion of this BILL the quorum broken
and tnrme several times The second time the quorum
was formed Mr. Wndswnrlll being present. MIR Pat
ten moved To lay the bill the table, which motion
carried
Several frtcss attempts having been made to form
Il quorum, the House adjourned.