Southern sentinel. [volume] (Plaquemine, Parish of Iberville [La.]) 1848-1858, 1851-08-23
PLAQUEAlINE, BERVH4LE, AUGUST %, 1851.

Judiciary can be called on to perform and in the
exercise of this responsible and delicate DOW.
er, courts are bound to proceed with the
greatest circumspection and deIiberation. But
l insist on the natural order and progress
The constitution is the subject of circumspec.
ton and deliberation the law is but incident
| Stare decisis. 1t would be singular mo.
notation indeed, to put thy in the singular
number
80 1t is more remarkable that that case, OF
mandamus not of recusatur] Its experience
does not dllate it beyond mandamus not now
inyerred. 1t is most remarkable of all, that in
cases OF this kind i. G. mandamus the action OF
the supreme court has been uniform since its
establishment in 1912. Surely, one precedent
will not establish uniformity of action unless
In literal or punning sense even to manda-
mus. Surely if it did, it would not embrace
recusation and surely if this two conceded, it
would be lnaposlte to the supreme court since
It's establishment in 4S45.
~Thus the only case cited, makes no impress
sion on the only topic now Of inquiry. The
decree makes no allusion to another incident,
which iii were case at all would be nearer
| the point, subject however ofproper discrimina-
| ton. It's now related afirmatively, as far as
| have personal cognisance of it, and the rest
sug .estively depending on the relation of those
whose statement accredt implicitly in the ab-
sence Of any public report
Positively my records in Baton-Rouge, show
recused cases and their reference to the Judge
of the 4th district that he repaired to try them,
and did one Of them on exception, of similar
import, to that made in this case by sustaining
the exception to his competency. The others
1aI hoip ;v,<
cate impractibi'ity. The judges decision ve-
ry sensible one was published in the papers. l
was present, a bystander, intensely attentive to
the argument OF counsel particularly, to that
of NJ. Ratlitfe curious to hear what man of
ability as a lawyer and member of the Con-
vention could say to sustain the Legislature
He argued precisely. There was no express
prohibition in the Constitution. | wrote on a
scrap of paper and handed to NJ Elan who
was to reply that there was no express prohi-
mbition in the Constitution to the violation
of itself by the Legislation nor any to the abo-
lition of trial by jury nor of habeas corput or
bail, or of the liberty of speech or of the press
NJ. Elan, in reply, argued from the note in the
line MIR. Ratliffe argued also ab nconvenient
Suggestively mandamus was applied for, and
issued was answered by the judge whose de-
cison below was submitted who being called
up counsel for the respondent q think NJ
Augustn, rose to argue the case, when Ch. |.
Eustis forbad the intended argument Said
that he would not entertain argument, against
an act of the Legislature unless it was papa-
bly, unconstitutional to some textual prohibi-
ton of The Constitution and announced, verbal
ly, from the bench that the rule was made alb
solute all this was thought incredible, that is
that the gentlemen NJ Ratlife Elam and Pat
terson dec. had been mistaken and this rela-
ton depending of their information would not
now be hazarded but their nationality is avou-
ched in the decree, where it is said mo law
ought to be held, unconstitutional unless its
opposition to the Constitution is clear and free
from all doubt and again that the presumption
should always be in favor Of the law l subse-
quently applied, at various time to my clerk,
for the decree its return properly to his re-
cords, for the purpose of taking its instruction.
to govern myself in the like predicament, under
call for recused cases. There was no return
up to the last moment nor is the return posi-
BILE for there is no original written decision
and believe for there is no report in the annu-
ais. In the list of cases not reported there is
found an obscure note of the state. " Judge
of the 4th dist it is supposed to that case, not
report. Why was that case not reported? It
was constitutional case. The first, the only
one. 1t had precedence over that reported |
however badly against the Judge of the 9Th.
That case not reported, am not constrained |
to take cognizance ofit as case decided de-
clare that have voluntarily been at some pains
to take cognisance of it but in vain. If my re-
lation is true, it would be binding decision,
if truly reported for in the system of english |
law case not argued Is not authority Then,
there is no other decision but that against me,
hardly case itself for that although argued |
(under circumstances of hurry and surprise in |
the answer to the rule only) the argument has
been in the main suppressed in parts mistated |
and altogether distorted in the decision What |
is the difference between case not argued |
and a case in which the argument is suppress.
sed.
As far as am concerned have taken cog
nzance Of it and after much hesitation have
oheyed it, as understand it to the letter.
am holding the court in the parish of AS
,ension, as required to hear and determine the
cases of the several REALTORS to the end, that if
need court, in the language of the decree
In the progress of trial, one of the parties
las filed his exception without opposition to
he competency on constitutional grounds of
he present judge to try his cause. His right
% file the exception has not been doubted by
lis adversary, of course he must be heard as he
las been, and the argument has been concu-
siye to sustain his exception; if in the beginning
,e was not precluded from making his excep.
ions, he cannot be so in the end from reaping
The benefit oft. t...
He is citizen and has invoked the constitu-
ion and he shall have the benefit of it, as far
IS it depends of me. Counsel has argued in.
heEe, that if / sustain this exception, |
may be held delinquent and imprisoned how
ever the eventuation of the main case on ap- |
peal, admitted to lie, between the parties curl
BUS idea of the lower judge that he could be
terrified to decision, curious idea Of the SUI