the Constitution had vested the Supreme cases coming to him, he was reduced by Court with appellate jurisdiction in civil the force of circumstances to the necessity cases only, and that it was proper that the of employing an amanuensis. Although his ruling of inferior courts in criminal cases opinions during that period bear the impress should not remain without revision, the Leg of his powerful and synthetic mind, as well islature thought itself authorized to provide as of his learning and perspicacity, they are a remedy. It then created and established not as developed as they would have been, a Court of Errors and Appeals, having had he not been thus lamentably afflicted. appellate jurisdiction only, in criminal cases,
The Constitution of 1845 created a Su in which the penalty preme Court, to be would be death or composed of a Chief Justice and of three hard labor; restrict associates. In case of ing it to questions of law alone, and leaving equal division, the the jury the exclusive judgment appealed from was to be undis and final judges of turbed. It was vested the facts touching the with both civil and guilt or innocence of criminal jurisdiction, the accused. This when the matter in court held sessions dispute exceeded $300 from July, 1843, to in the former cases, February, 1846. It and death or hard was composed of labor was the penalty judges required to be in the latter. The selected from among judges were appointed the District Judges of for a term of years, — the State. After the the Chief-Justice for adoption of the Con eight years; the asso stitution of 1845, its ciates for two, four, jurisdiction was trans and six years. They ferred to the New Su received as salary, the preme Court. Thomas former $6,000, the C. Nicholls, George E. T. MERRICK others $5,500. The Rogers King, and subsequent appoint Isaac Johnson were ments, after the expiration of terms, were to appointed judges. The latter having re be for eight years. The judges first ap signed, the Hon. W. D. Boyle was desig nated to replace him. The decisions of pointed were George Eustis, Chief-Justice; Pierre Adolphe Rost, George Rogers King, this court during that period are not vo luminous. They cover some one hundred and Thomas Slidell, Associate Justices. pages, and are to be found in the eighth William Augustus Elmore was AttorneyGeneral. The court organized, and the Robinson Report. During his last eight years on the bench, judges took their seats in March, 1846. Chief-Justice George Eustis, a nephew of Judge Martin, owing to the loss of his sight, did not decide as many cases as he would William Eustis, Governor of Massachusetts in 1823, was born in Boston, Mass., in 1796. otherwise have done; but he proved emi nently useful in the consultation chamber.. He was educated at Harvard College, whence He became private When he was the organ of the court in he graduated in 181 5.
