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TEXAS STATE LIBRARY
templates repairing to the seat of Govt with his other dispatches con- nected with his mission You will please accept my best wishes for the health & happiness of yourself & family
,vm T Austin
[rubric]
No. 1691
1840 Jan. £1, [M. B. LAMAR, AUSTIN, TEXAS], TO THE CHIEF JUSTICE AND ASSOCIATE JUSTICES OF THE SUPREME COURT 30 To the Hon: the chief Justice and the associate Just[ices] of the Supreme Court Gentlemen "An act to provide for the holding of an ann[ual] session of the Supreme court in the eastern section of the Repu[blic] has passed both houses of congress and been presented [to J me for approval Doubts as to the constitutionality of this act have suggested themselves to my mind and I find upon enquiry that legal gentlemen differ in opinion upon the subject. I have therefore thought it advisable to lay a copy of the act before the court and respectfully ask i[ts] opinion 31 upon the constitutionality of its several provisions [Endorsed] Copy of [lette]r from the President submitting an Act of Congress to the Supreme Court for its opinion of the unconstitutionality of its provisions-written 21st. Janry 1840 No. 1.692 1840 Jan. £1, A. B. SHELBY, AUSTIN, [TEXAS], TO M. B. LAMAR, [AUSTIN, TEXASJ 32 To his Excellency M. B Lamar Dear Sir Austin Jany. 21st 1840 You have requested 33 the opinion of the Supreme Court with regard to the constitutionality of the Act of Congress entitled "An Art to provide for holding an annual adjourned session of the Supreme Court in the Eastern section of the Republic." . On this question I entertain no doubt. But a due respect for the opinions of those who differ with us would induce me in this instance to declare my reasons for this unequivocal expression of opinion. Our enquiry, here, is confined in a narrow' compass. Article 4 sect. 1 of our organic Law and to which all others must conform; says ex- pressly, that, there shall be one Supreme Court, or in other words that, the judicial power of the Government shall be vested in ·one Supreme Court. Here the maxim "inclusfo unis exclusio ulteri,s" applies in full
"'Copy. 81 No. 1692. See also nos. 1600, 1693 an'd 1695. ••A. L. S. 38 No. 1691.
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