Of the three judges, Matthews alone left descendants, and he but two—­a son, who soon followed him to the grave, and a daughter, who is still living, the accomplished lady of Major Chase, formerly of the engineer corps of the army of the United States.

CHAPTER XXIX.

AMERICANIZING LOUISIANA.

POWERS OF LOUISIANA COURTS—­GOVERNOR WILLIAM C.C.  CLAIBORNE—­CRUEL O’REILLY—­LEFRENIER AND NOYAN EXECUTED—­A DUTCH JUSTICE—­EDWARD LIVINGSTON—­A CARICATURE OF GENERAL JACKSON—­STEPHEN MAZEREAU—­A SPEECH IN THREE LANGUAGES—­JOHN R. GRYMES—­SETTLING A CA.  SA.—­BATTURE PROPERTY—­A HUNDRED THOUSAND DOLLAR FEE.

The Supreme Court of the State of Louisiana differs in this from that of the other States:  it has jurisdiction as well of the facts as of the law.

In the trial of all cases in the district or lower courts, the testimony is made a part of the record, and goes up to the Supreme Court for supervision, as well as for the enlightenment of the court, which passes upon the facts as well as the law; thus making the judges in the lower courts merely masters in chancery, with the exception, that where the decision of the judge is considered correct, it is approved and made the judgment of the Supreme Court.

This court, by reason of its very extraordinary powers, becomes of the highest importance to every citizen, and is really by far the most important, as it is the most responsible branch of the Government.

The executive can only execute the law; the legislative acts are revisable and amendable, so often as the Legislature holds its sessions; but the judicial decisions of the Supreme Court become the permanent law of the land.  True, these decisions may be revised and overruled, but this is not likely to be done by those judges who have made them, and the tenure of office is such as practically to make them permanent.

Under the first Constitution of the State, these judges were nominated by the executive, and confirmed by the Senate.  This Senate consisted of seventeen members, chosen by the people from senatorial districts containing a large area of territory and a numerous population.  This concentration of responsibility insured the selection of men of the first abilities, attainments, and moral character.  So long as this system obtained, the Supreme Bench was ably filled, and its duties faithfully and wisely discharged, with one exception only; but for the sake of those who, though not blamable, would be deeply wounded, I forbear further remark.