The Quarterly of the Texas State Historical Association, Volume 2, July 1898 - April, 1899 Page: 136
[335] p. : ill. ; 23 cm.View a full description of this periodical.
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136 Texas Historical Association Quarterly.
Texas should cease to exist and the state of Texas should come into
being; but it is not open. The cases cited in the former article
show 'that by the decision of the supreme court of the United
States, subsequently acquiesced in by all the departments of the
state government, "the admission of Texas into the Union took
date from the 29 of December, 1845, the time of its admission by
congress and the laws of the Union extended over it from that
time."
It does not, however, follow that the state government contem-
plated by 'the constitution ,of 1845 went into practical operation on
that day. On the contrary, the constitution expressly provided that
the existing government and its administration by the existing offi-
cers should continue until actual organization of the state govern-
ment could be effected. The first state legislature assembled Feb.
16th, 1846, and on that day President Jones retired and Governor
Henderson was inaugurated, and the judicial article of the consti-
tution of 1845 became the basis of the Texas judicial system. The
governor and the legislature at once proceeded to select the judges
for the various courts, who were to be chosen in that manner.
The system thus established consisted of a supreme court, dis-
trict courts, county courts, and justices' courts. The jurisdiction of
-these courts in some instances differed materially from that now
exercised by tribunals of same designations.
The jurisdiction of the supreme court remained practically as
under the Republic. It had appellate jurisdiction only, and was the
court of last resort in all cases both civil and criminal.
The most radical change -as to it was with reference to the judges
composing the court. It was no longer to consist of a chief justice
and several district judges sitting in banc, but of a chief justice and
two associate justices appointed by the governor with approval of
the senate, who had no official duties except 'as members of that tri-
bunal. This change was necessary because of the increase in popu-
lation and business. The interests of the state required a very con-
siderable increase in the number of district judges and also longer
service by them in discharge of their duties in their several districts.
The number of cases was 'also increasing in the supreme court so as
to necessitate more frequent and longer sessions by it. It was there-
fore impracticable for the same persons to fill positions on both
courts.
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Texas State Historical Association. The Quarterly of the Texas State Historical Association, Volume 2, July 1898 - April, 1899, periodical, 1898/1899; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth101011/m1/140/: accessed April 25, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting Texas State Historical Association.