The Quarterly of the Texas State Historical Association, Volume 1, July 1897 - April, 1898

Defunct Counties of Texas.

DEFUNCT COUNTIES OF TEXAS.
R. L. BATTS.
Under this rather inaccurate title memoranda (perhaps incom-
plete) is given concerning five classes of counties:
1. Judicial counties.
2. Counties whose names have been changed.
3. Counties whose territories have been entirely changed.
4. Counties, the laws organizing which have been repealed.
5. Counties whose territory is no longer considered part of the
State.
I.-JUDICIAL COUNTIES.
At the sessions of the Fifth and Sixth Congresses, held respec-
tively in 1841 and 1842, a number of counties were organized
which were subsequently spoken of as "judicial counties." These
counties did not differ from the counties from which they were
created except that they were not given representation in
Congress. Because this representation was not given, the acts
creating them were held unconstitutional, as being in conflict with
article I, section 5, of the Constitution of the Republic, which de-
clared that "each county shall be entitled to at least one repre-
sentative." Stockton v. Montgomery, Dal., 473; Beazley v. Stin-
son, Dal., 537; Allen v. Scott, Dal., 615. By Act of July 18, 1842
(Special Session of Sixth Congress, p. 1), acts of boards of land
commissioners or district courts, and of surveyors, with reference
to lands, were validated.
Burleson.-The judicial county of Burleson was created by the
Act of January 15, 1842. (Acts Sixth Cong., p. 35.) It covered ter-
ritory of which the present county of Burleson, created four years
after (Act March 24, 1836, p. 16), is a part.
Burnet.-I find no act creating the judicial county of Burnet,
but on December 6, 1841, an act was passed better defining the
boundaries of Burnet county. This was entirely distinct from the
present county of that name, and included very considerable ter-

Texas State Historical Association. The Quarterly of the Texas State Historical Association, Volume 1, July 1897 - April, 1898. Austin, Texas. The Portal to Texas History. http://texashistory.unt.edu/ark:/67531/metapth101009/. Accessed April 27, 2015.