Supreme Court of the Republic of Texas

The Supreme Court of the Republic of Texas was the court of last resort for legal matters in the Republic of Texas from the Republic's independence from Mexico in 1836 until its annexation by the United States of America in 1846. The current Supreme Court of Texas was established that year. However, despite the court being around for quite some time, it did not begin hearing cases until the 1840s. Before the 1840s, there was one Chief Justice and four Associate Judges comprising the Supreme Court of Texas. The Supreme Court of Texas has expanded throughout the years, leading to one Chief Justice and eight Associate Judges.

Organization of the Court The Court was established by the Constitution of 1836, which created the Supreme Court and such inferior courts as the Texas Congress might from time to time establish. art. IV § 1 (1836); 1 1073 (Hans Peter Mareus Neilsen Gammel ed. 1898); James W. Paulsen, A Short History of the Supreme Court of the Republic of Texas 65 237, 240-41 (1986). The constitution also mandated that the Republic be divided into judicial districts, and that the district judges would serve as the associate judges on the Supreme Court, along with a Chief Justice. art. IV §§ 2, 7 (1836); Gammel, 1 at 1073-74; Paulsen, Short History at 240-41. The judges were elected by Congress for a term of four years., 7 (1917). The President of the United States appoints the Chief Justice, while the Associate Judges are elected through a partisan system that allows the House and Senate to know what party the candidate affiliate with. The district judges rode the circuit in their district during the spring and fall, leaving only the summer and winter for the judges to sit as the Supreme Court.Paulsen, Short History at 241.

Jurisdiction The Court had unlimited appellate jurisdiction. art. IV § 8 (1836); Gammel, 1 at 1074; Paulsen, Short History at 241. In the first statute establishing the district courts, Congress set $300 as the minimum amount in controversy for the appeal of a decision from the district court to the Supreme Court.Act of Dec. 22, 1836, § 15; Gammel, 1 at 1263; 1 96-97 (Cadwell Walton Raines ed. 1902); Paulsen, Short History at 242. In 1841 the Court declared that limit unconstitutional in Morton v. Gordon and Alley,Morton v. Gordon and Alley, Dallam 396 (1841); Paulsen, Short History at 242 n.19. stating that all final judgments of the district courts were able to be appealed to the Supreme Court.Raines, at 97. The same district court enabling act did not provide for appeal to the Supreme Court of criminal matters, which the Court resolved in Republic v. Smith,Republic v. Smith, Dallam 407 (1841). stating that the constitution gave jurisdiction to the Court over all criminal appeals.Raines, at 97.

Operation of the Court On December 15, 1836, the Texas Congress passed the implementing statute establishing the courts of Texas, and elected the chief justice and four district judges the next day.Paulsen, Short History at 248. The four district judges covered 22 counties and were ex officio members of the Supreme Court., 18 (2013). The court was to meet for one session a year, beginning on the first Monday in December, and required a majority of the judges to be present., at 18. Most sessions were held in Austin until in 1850s, it expanded to other places like Galveston and Tyler. Though, it did go back and forth of allowing only Austin or adding other places. When the court first expanded, they would bring a clerk to accompany the Judge but in 1864, Galveston and Tyler would get their own clerk and data systems. The opinions of the court are collected in a private reporter, Dallam's Decisions, in only one volume., at 14.

Justices of the Court

Chief Justices The Court had a Chief Justice and originally four district judges who served as associate judges.Act of Dec. 15, 1836, § 1; Act of Dec. 22, 1836, § 1; Gammel, 1 at 1139, 1258; Paulsen, Short History at 241. This was expanded to five in 1838Act of May 24, 1838, §§ 1, 6; Gammel, 1 at 1500-02; Paulsen, Short History at 241. and seven in 1840.Act of Jan. 29, 1836, § 1; Gammel, 2 at 350-51; Paulsen, Short History at 241. The Associate Judges was increased once again to eight in 1945.The first Chief Justice was James Collinsworth, who was an ally of Sam Houston, the president-elect of the new republic., at 19; Raines, at 93; , 56 (2010). On Collinsworth's death, Houston appointed John Birdsall to the post.Raines, at 93. When Mirabeau B. Lamar became president, Congress refused to confirm Birdsall and elected Thomas Jefferson Rusk instead., at 67; , at 19-20; Raines, at 94.

In 1840, Rusk resigned and was replaced by John Hemphill, who served until the annexation of Texas.., at 70; , at 20; Raines, at 94. The election in Congress was contested, with John Scott, former Solicitor General of North Carolina;Profile of John Scott at University of Texas School of Law Library; Retrieved 31 December 2015. James Webb, former U.S. District judge and Attorney General of Texas; and Hemphill all in the running for Chief Justice.Paulsen, Short History at 254. Hemphill has been compared to John Marshall in laying down the legal foundation of Texas law, especially in the area of land titles, marital property, and homestead exemptions. 260-61 (Roger K. Newman ed. 2009); Vile, at 370.

District judges The original four district court judges elected by Congress were Shelby Corzine, Benjamin Cromwell Franklin, Robert McAlpin Williamson, and James W. Robinson.Raines, at 95; , at 56. Due to delays in the Supreme Court sitting in session, these four judges (along with the first two chief justices) never sat with the Supreme Court.Paulsen, Short History at 248.

Succession of seats

Sessions

1837 and 1839

No session was held in 1837, probably because a majority of the judges were not present.Paulsen, Short History at 249. Two weeks after the Court was supposed to have met, Congress passed a statute which would impose a $1,000 fine on a judge who did not appear for a session.Act of Dec. 14, 1837; Gammel, 1 1400; Paulsen, Short History at 249. A short time later, Congress eliminated the scheduled 1838 session when it moved the annual date to the second Monday in January.Act of May 24, 1838 § 7; Gammel, 1 1500, 1502; Paulsen, Short History at 250. In the meantime, Collinsworth died and Houston replaced him with Birdsall until Congress could meet and elect a new Chief Justice. Rusk was elected, but did not receive word of his election until after the 1839 session had been scheduled to occur and been canceled for lack of a Chief Justice.Paulsen, Short History at 250-52.

1840 The first session in which the Texas Supreme Court met was the January 1840 session, in Austin.Paulsen, Short History at 253. The Court consisted of Chief Justice Rusk, and District Judges Shelby, W.J. Jones, Mills, and Hemphill. The clerk was W. Fairfax Gray.Raines, at 97-98. The court disposed of 49 cases on its docket, but issued only 18 opinions.Paulsen, Short History at 253. Thirteen cases were decided without opinion; the rest were continued to the following term.Paulsen, Short History at 253 n.100. The court issued what appear to be the first writ of mandamus and first writ of habeas corpus in Texas.

1841

The January 1841 session was attended by Chief Justice Hemphill and District Judges Baylor, Hutchinson, Terrell, Scurry, and Hansford. Gray was the clerk. The District Judges from the First and Second Districts were not in attendance.Raines, at 98.

1842 The January 1842 session was attended by Chief Justice Hemphill and District Judges Morris, Baylor, Hutchinson, Ochiltree, Jack, and Mills. Thomas Green was the clerk. The District Judge from the Second District did not attend.Raines, at 98.

1843 The June 1843 session was attended by Chief Justice Hemphill and District Judges Morris, Baylor, Ochiltree, and Jack. Green was the clerk. The District Judges from the Second, Fourth, and Seventh Districts did not attend.Raines, at 98.

1844 The June 1844 session was attended by Chief Justice Hemphill and District Judges Morris, W.J. Jones, Baylor, W.E. Jones, Ochiltree, and Jack. Green was the clerk. The District Judge from the Seventh District did not attend.Raines, at 98.

1845 The December 1845 session was the last session of the Court. It was attended by Chief Justice Hemphill and District Judges J. B. Jones, W. J. Jones, Baylor, W. E. Jones, Wheeler, and Norton. Green was the clerk. The District Judge from the seventh district did not attend.Raines, at 99. Texas is annexed into the U.S. and Austin has become the capital of Texas

1846 The first Supreme Court under U.S, statehood is formed. John Hemphill becomes the first Chief Justice of the new state Court

1850 A constitutional amendment allows the court to hold sessions other than Austin like Galveston and Tyler.

1861 Texas secedes from the Union; Oran M. Roberts joins the court as Associate Judge with tensions growing from the civil war.

1866 After the war, a new state constitution is adopted, but soon all Supreme Court Justices are removed by Union military authorities.

1867 Military reconstruction leads to federal appointment of new Justices, including Amos as Chief Justice.

1869 A new Texas Constitution is enacted, consolidating the court only in Austin again.

1873 Ogden becomes Chief Justice; a December amendment restores traveling court sessions to Galveston and Tyler once again.

Woman in the Court In 1925, Governor Pat M. Neff made history by creating an All-Women Supreme Court. This court was created to hear the Johnson v. Darr, a land dispute case involving the Woodmen of the World men who appealed their case and were approved. However, a conflict of interest with members of Woodmen of the World within the Supreme Court prevented them from hearing the case. Governor Pat M. Neff turned towards women since every men he encountered belonged to the group. He created the final panel of Hortense Ward (Chief Justice), Ruth V. Brazzil, and Hattie L. Henenberg. These women heard the case in January 1925 and issued their ruling in May, siding with El Paso that allowed the group to have both tracts of land. This event led to Miriam A. Ferguson becoming the first woman governor of Texas, but it would still take a decade before women were allowed to serve full time on the court.Debbie Mauldin Cottrell, "ALL-WOMAN SUPREME COURT," Handbook of Texas Online accessed September 26, 2014. Uploaded on June 9, 2010. Published by the Texas State Historical Association.

Supreme Court of the Republic of Texas

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