264
THE GREEN BAG
judicial proceedings in civil cases were sus pended until the first of May;" accordingly, when the Supreme Court met early in March, "Martial law was still in force. A motion was then made that the court should proceed to the trial of a particular case then pending." This motion being opposed on the ground of the existence of martial law, and also of the act of the legislature, Judge Martin delivered an able and carefully elaborated opinion, declaring emphatically against the assumption of a right by any man to sus pend, by his mere will, the operations of the courts, but deciding that the act of the legislature was of binding force. "And here let me remark," concludes Judge Builard, "once for all, that Judge Martin ex hibited on that occasion, as well as every other, during his long judicial career, the highest degree of moral courage and firm ness of purpose. Nothing could deter him from the fearless expression of his opinion, without the slightest regard to persons."1 Martin was, indeed, quite fearless, or even careless, whose toes he trod upon in the ex ercise of his functions; but Judge Dullard's eulogy, read in the light of the Hall episode, makes one smile as one reflects how fortu nate it was that Martin had other grounds for acting, in the case of Louallier's appli cation for habeas corpus, in a way inconsis tent with his own opinion upon the legality of Jackson's proclamation of a suspension of the ordinary judicial tribunals. Beginning his service on the Supreme Court in 1815, Judge Martin was to con tinue on that bench, for a period of thirtyone years, its most learned and respected member at a time when, says a distinguished member of the present Bar in New Orleans, the Supreme Court of Louisiana was second to none in the Union. His decisions were admired for their soundness and for the force and terseness of their expression, 1 Discourse on the Life and Character of the Hon. P. X.Martin, New Orleans, 1847; prepared and delivered at the request of New Orleans, see pp. 13-16.
points upon which he particularly prided himself. As has been indicated, these de cisions and his reports really gave form to the jurisprudence of the state, cleared the way in the tangle of laws and codes that ruled in the new commonwealth. We can not here give details, but must content ourselves with repeating that his contem poraries as well as all students of Louisiana law to the present day unite in grateful tribute to the value of his services. The man himself was as odd a character as ever sat upon the Bench. Quick and intelligent in conversation, and fond of humor of the broadest kind, he was, says Judge Bullard, an agreeable companion. But he cared nothing for social life per se, nor for anything else that one can name but his work — legal and historical studies — and the accumulation of money. He was never married, and lived the squalid life of a miser. According to Gayarre", who knew him, his household consisted of his negro body ser vant, Tom, and two old negro slaves, man and wife, with whom he made an extraor dinary compact.1 He provided the house and his own clothing, and told the negroes: "I provide you with a home; I require of you only the small service necessary for myself; you must provide me with food, and keep my clothes in repair; after you have done this, the rest of your time is your own, and whatever you can earn is your own; you must not look to me for any further provision." Whether or not this was the actual arrangement, there is no doubt that the great judge lived a life of squalid ava rice. He cared nothing for the pleasures or even the decencies of the table, ate raven ously whatever was put before him, merely to satisfy the cravings of hunger.2 His clothes were worn till they were patched and 1 Fernando de Lemos, pp. 243-256. J It is perhaps worth noting that one of Martin's distinguished fellows on the Bench, Judge Mathews, was a tremendous eater. He declared the turkey a very unsatisfactory fowl — " too big for one and not enough for two."
