| Supreme Court of the Republic of Texas | |
|---|---|
.svg) Seal of the Republic of Texas | |
| Established | 1836 |
| Dissolved | 1846 |
| Jurisdiction | Republic of Texas |
| Location | Austin, Texas |
| Composition method | Congressional election |
| Authorised by | Constitution of the Republic of Texas |
| Number of positions | Chief Justice, 8 District Judges (ex officio members) |
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TheSupreme Court of the Republic of Texas was thecourt of last resort for legal matters in theRepublic of Texas from the Republic's independence fromMexico in 1836 until its annexation by theUnited States of America in 1846. The currentSupreme Court of Texas was established that year. However, despite the court being around for quite some time, it did not begin hearing cases until 1840s.[1] Before the 1840s, there was one Chief Justice and four Associate Judges composing the Supreme Court of Texas.[2]The Supreme Court of Texas has expanded throughout the years, leading to one Chief Justice and eight Associate Judges.[3]
The Court was established by theConstitution of 1836, which created the Supreme Court and such inferior courts as the Texas Congress might from time to time establish.[4] 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.[5] The judges were elected by Congress for a term of four years.[6] The President of the United States appoints the Chief Justice, while the Associate Judges are elected through apartisan system that allows the House and Senate to know what party the candidate affiliate with.[7] 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.[8]
The Court had unlimitedappellate jurisdiction.[9] 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.[10] In 1841 the Court declared that limitunconstitutional inMorton v. Gordon and Alley,[11] stating that all final judgments of the district courts were able to be appealed to the Supreme Court.[12] The same district court enabling act did not provide for appeal to the Supreme Court of criminal matters, which the Court resolved inRepublic v. Smith,[13] stating that the constitution gave jurisdiction to the Court over all criminal appeals.[14]
On December 15, 1836, theTexas Congress passed the implementing statute establishing the courts of Texas, and elected the chief justice and four district judges the next day.[15] The four district judges covered 22 counties and wereex officio members of the Supreme Court.[16] 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.[17] 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.[18] The opinions of the court are collected in a privatereporter,Dallam's Decisions, in only one volume.[19]
The Court had aChief Justice and originally four district judges who served as associate judges.[20] This was expanded to five in 1838[21] and seven in 1840.[22] The Associate Judges was increased once again to eight in 1945.[23]The first Chief Justice wasJames Collinsworth, who was an ally ofSam Houston, the president-elect of the new republic.[fn 1][25] On Collinsworth's death, Houston appointedJohn Birdsall to the post.[26] WhenMirabeau B. Lamar became president, Congress refused to confirm Birdsall and electedThomas Jefferson Rusk instead.[fn 2][28]
In 1840, Rusk resigned and was replaced byJohn Hemphill, who served until the annexation of Texas.[fn 3].[30] The election in Congress was contested, withJohn Scott, formerSolicitor General of North Carolina;[31]James Webb, former U.S. District judge andAttorney General of Texas; and Hemphill all in the running for Chief Justice.[32] Hemphill has been compared toJohn Marshall in laying down the legal foundation of Texas law, especially in the area ofland titles,marital property, andhomestead exemptions.[33]
The original four district court judges elected by Congress wereShelby Corzine,Benjamin Cromwell Franklin,[fn 4]Robert McAlpin Williamson, andJames W. Robinson.[35] 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.[36]
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No session was held in 1837, probably because a majority of the judges were not present.[45] 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.[46] A short time later, Congress eliminated the scheduled 1838 session when it moved the annual date to the second Monday in January.[47] 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.[48]
The first session in which the Texas Supreme Court met was the January 1840 session, in Austin.[49] The Court consisted of Chief Justice Rusk, and District Judges Shelby, W.J. Jones, Mills, and Hemphill. The clerk wasW. Fairfax Gray.[50] The court disposed of 49 cases on its docket, but issued only 18 opinions.[51] Thirteen cases were decided without opinion; the rest were continued to the following term.[52] The court issued what appear to be the firstwrit of mandamus and firstwrit of habeas corpus in Texas.[fn 5]
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.[55]
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.[56]
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.[57]
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.[58]
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.[59] Texas is annexed into the U.S. and Austin has become the capital of Texas[60]
The first Supreme Court under U.S, statehood is formed. John Hemphill becomes the first Chief Justice of the new state Court[60]
A constitutional amendment allows the court to hold sessions other than Austin like Galveston and Tyler.[60]
Texas secedes from the Union; Oran M. Roberts joins the court as Associate Judge with tensions growing from the civil war.[60]
After the war, a new state constitution is adopted, but soon all Supreme Court Justices are removed by Union military authorities.[60]
Military reconstruction leads to federal appointment of new Justices, including Amos as Chief Justice.[60]
A new Texas Constitution is enacted, consolidating the court only in Austin again.[60]
Ogden becomes Chief Justice; a December amendment restores traveling court sessions to Galveston and Tyler once again.[60]
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.[61]
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