310
TEXAS ST.ATE LIBRARY
The Act under review contemplates an adjourned session of the Court from this place. Should it become Law, we will be involved in em• barrassments and difficulties not easily surmounted. The Supreme Court holden in the City of Austin has attached to it, besides the Judges as indispensable appendages an Attorney General, a Clerk and Sheriff all of which must. accompany it to the Eastern District to hold an adjourned term from this place. Again the archives of the Court--our land titles should be kept at one place-the seat of Government. For oft times it becomes necessary that recourse should be had to the land titles and other muniments, which could I_!ot be conveniently or safely transported from one place to the other. For these and other reasons that might be adduced, we view the Law as clearly unconstitutional. In conclusion would observe that, I give this opinion as an individual member of the Supreme Court, believing that the Court, as such, has no cognizance of it; and that this opinion must govern me in my de- liberations should the question ever be brought before the Court whilst I am a member of it, in such form as to demand its adjudication by that tribunal. I have the Honor to be Very Respectfully
your obedient Servant A. B Shelby
[Endorsed]
[Addressed] His Excellency l\f. B. Lamar
Ch£. Justice Supreme Court.
Jan. 22. '40
President of the Republic
No. 1693 1840 Jan. 22, T. J. RUSK, AUSTIN, [TEXAS], TO l\I. B. LAM.AR, [AUSTIN, TEXASJ 34
Austin 22nd Jany 1840
His Exly 1\1 B Lamar Dear Sir
I have received a communication 35 from you covering the Copy of An Act to establish a branch of the Supreme Court at Nacogdoches requesting the opinion of the Supreme Court. upon its constitutionality occupying the situaJion I do the question may possibly soo31 come before me in a judicial form in view of that I think it would be improper in me to express an opinion I can however refer you to what my opinion was while a Member of Congres in 1837 & 1838 you will see by refer• ence to the journals that I introduced and supported a bill to establish two branches of the Supreme Court
very respectfully Yours Tho. J Rusk
"A. L. S. 3 'No. 1691.
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