Supreme Court of the Republic of Texas facts for kids
Quick facts for kids Supreme Court of the Republic of Texas |
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Seal of the Republic of Texas
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| Established | 1836 |
| Country | Republic of Texas
 1839–1846 |
| Location | Austin, Texas |
| Composition method | Congressional election |
| Authorized by | Constitution of the Republic of Texas |
| Number of positions | Chief Justice, 7 District Judges (ex officio members) |
The Supreme Court of the Republic of Texas was the highest court in the Republic of Texas. It handled the final legal decisions for the Republic. This court existed from 1836, when Texas became independent from Mexico, until 1846. That's when Texas joined the United States of America. The court we know today, the Supreme Court of Texas, was created after Texas joined the U.S.
How the Court Was Set Up
The Supreme Court was created by the Constitution in 1836. This important document also allowed the Texas Congress to create other, smaller courts. The Constitution said that Texas would be divided into special areas called judicial districts. Judges from these districts would also serve as associate judges on the Supreme Court. A main judge, called the Chief Justice, would lead them.
Congress chose these judges for a four-year term. The district judges traveled around their districts in the spring and fall. They heard cases in their local areas. This meant they could only meet as the Supreme Court during the summer and winter months.
What Cases the Court Heard
The Supreme Court had the power to review decisions from lower courts. This is called appellate jurisdiction. It meant they could hear appeals from almost any case.
At first, Congress said that only cases involving more than $300 could be appealed to the Supreme Court. But in 1841, the Court decided this rule was against the Constitution. They said that all final decisions from the district courts could be appealed. This was a big change! The Court also ruled that it could hear appeals for all criminal cases.
How the Court Worked
On December 15, 1836, the Texas Congress passed a law to set up the courts. The very next day, they chose the first Chief Justice and four district judges. These four district judges were in charge of 22 counties. They were also automatically members of the Supreme Court.
The court was supposed to meet once a year, starting on the first Monday in December. Most of the judges had to be there for the meeting to happen. The court's decisions were written down in a special book called Dallam's Decisions. There is only one volume of this book.
Important Judges of the Court
Chief Justices
The Supreme Court had one main judge, the Chief Justice. At first, there were also four district judges who helped out. Later, this number grew to five in 1838 and then seven in 1840.
The first Chief Justice was James Collinsworth. He was a friend of Sam Houston, who was the first president of the new Republic. When Collinsworth passed away, President Houston chose John Birdsall for the job.
Later, when Mirabeau B. Lamar became president, Congress did not agree with Birdsall's appointment. Instead, they elected Thomas Jefferson Rusk as Chief Justice.
In 1840, Rusk resigned. John Hemphill took his place and served until Texas joined the U.S. Hemphill was a very important Chief Justice. Many people compare him to John Marshall, a famous U.S. Supreme Court Chief Justice. Hemphill helped create many important Texas laws. These included laws about land ownership, property owned by married couples, and protecting people's homes from being taken away for debts.
District Judges
The first four district court judges chosen by Congress were Shelby Corzine, Benjamin Cromwell Franklin, Robert McAlpin Williamson, and James W. Robinson. Because the Supreme Court didn't meet often at first, these four judges (and the first two chief justices) never actually sat together for a Supreme Court session.
Who Served on the Court
Here is a list of some of the judges who served on the Supreme Court of the Republic of Texas:
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Court Meetings and Sessions
Early Years: 1837 and 1839
No Supreme Court meeting happened in 1837. This was probably because not enough judges were there. Two weeks after the meeting was supposed to happen, Congress passed a law. It said judges who didn't show up for a session would have to pay a $1,000 fine.
Soon after, Congress canceled the 1838 meeting. They changed the yearly meeting date to the second Monday in January. During this time, Chief Justice Collinsworth died. President Houston chose Birdsall to take his place until Congress could elect a new Chief Justice. Rusk was elected, but he didn't find out until after the 1839 meeting was canceled. It was canceled because there was no Chief Justice present.
The First Official Meeting: 1840
The first time the Texas Supreme Court actually met was in January 1840, in Austin. Chief Justice Rusk was there, along with District Judges Shelby, W.J. Jones, Mills, and Hemphill. The court's clerk was W. Fairfax Gray.
The court had 49 cases to deal with. They made decisions and wrote opinions for 18 of them. Thirteen cases were decided without a written opinion. The rest were put off until the next meeting. During this session, the court issued what are believed to be the first writ of mandamus and first writ of habeas corpus in Texas. These are special court orders.
1841 Session
The January 1841 meeting included Chief Justice Hemphill. District Judges Baylor, Hutchinson, Terrell, Scurry, and Hansford also attended. Gray was still the clerk. The District Judges from the First and Second Districts were not at this meeting.
1842 Session
The January 1842 meeting was attended by Chief Justice Hemphill. District Judges Morris, Baylor, Hutchinson, Ochiltree, Jack, and Mills were also there. Thomas Green became the new clerk. The District Judge from the Second District did not attend this session.
1843 Session
The June 1843 meeting had Chief Justice Hemphill, along with District Judges Morris, Baylor, Ochiltree, and Jack. Green continued as the clerk. The District Judges from the Second, Fourth, and Seventh Districts were not present.
1844 Session
The June 1844 meeting was attended by Chief Justice Hemphill. District Judges Morris, W.J. Jones, Baylor, W.E. Jones, Ochiltree, and Jack were also there. Green was still the clerk. The District Judge from the Seventh District did not attend.
The Final Session: 1845
The December 1845 meeting was the very last one for this court. Chief Justice Hemphill was there. District Judges J. B. Jones, W. J. Jones, Baylor, W. E. Jones, Wheeler, and Norton also attended. Green was the clerk. The District Judge from the seventh district did not attend this final session.
