P.aPERS OF MIRABEAU BuoN.A.PARTE L.UIAR 311 I have submitted vour communication to the associate Judges who 1 presume will seperately answer 36
TJR
[Endorsed]
[Addressed]
Cheif Justice of the Republic Jan 22. 1840
His Excly
M: B. Lamar Present
No. 1694
1840 Jan. 24, JAMES GOODALL, HOUSTON, [TEXAS], TO MIRA- BEAU B[UONAPARTE] LAMAR, [AUSTIN, TEXAS] Introducing Sergeant S. B. Simmonds and endorsing him for pro- motion. Copy? 1 p. No. 1695 1840 Jan. 25, l\L B. LAMAR, [AUSTIN, TEXAS]. VETO OF BILL CONCERNING SUPREME COURT 37 Executive Department To the Honorable January 25th 1840. House of RepresenJatives. Gentlemen, I have had under consideration, the Bill entitled "An Act to provide for the holding of an annual adjourned Session of the Supreme Court in the Eastern Section of the Republic," and after mature deliberation, am constrained to rtturn it tp the House in which it originated, without giving it my approval. The reasons which have influenced me to this course, I shall endeavor to state as briefly as pos- sible and leave the honorable Congress to attarh to them whatever im- portance they may seem to deserve. In the first place, I conceive the law to be in contravention of that portion of the fourth article of the Constitution relating to the Judiciary, which states that "the Judicial powers of the Government shall be vested in one Supreme Court, and such inferior Courts as the Congress may, from time to time ordain and establish"; and of the Eighth Sec- tion of the same Article, which declares that "The Supreme Court shall have appelate jurisdiction only, which shall be conclusive within the limits of the Republic; and shall hold its Sessions annually at such times and places as may be fixed by law. Now whilst the Constitution contains so plain and explicit a declara- tion that there shall be one supreme Court, I hold it incompetent for congress to ordain and establish two or more; and when the same author- ity declares that the Supreme court "shall hold its Sessions annually, I conclude it to be equally incompetent for congress to order it to hold its Sessions simi-annually or quarterly. Yet such would be the conse- quence of the Bill now under consideration. If it pass into a law, it virtually establishes two courts im:tead of one; and simi-annual sessions insteajl of annual ones.
"See no. 1692. "A. D. S. In no. 361, p. 196.
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