The Southwestern Historical Quarterly, Volume 105, July 2001 - April, 2002 Page: 433
741 p. : ill. (some col.), maps, ports. ; 23 cm.View a full description of this periodical.
Extracted Text
The following text was automatically extracted from the image on this page using optical character recognition software:
Jacksonian Justice
by the convention, including its judiciary article, represented an amalga-
mation of a variety of contemporary constitutional documents.12
On March 2, 1836, a constitutional committee was appointed consisting
of one member from each municipality represented at the convention. Of
the twenty-five members of the constitutional committee, seven were attor-
neys. This committee was then subdivided into three separate committees
to draft the executive, legislative, and judicial sections of the constitution.
Unfortunately, no record was kept of the members who served on those
committees, nor was the chair of the judicial committee ever documented.
A draft of the constitution was reported to the convention on March 7,
where it was noted that it was awkwardly framed, suffered from poor
phraseology, and was too close a copy of the United States Constitution.
On March 12 an observer recorded, "the Constitution has been gone over
by sections, and much altered and amended; but it is still so imperfect that
it has been recommitted to another committee to amend the phraseology
and arrangement. As the President expresses it, to correct the verbiage."
The constitution was finally adopted on March 16, 1836, the day before
the convention adjourned.'13
The resulting Article Four of the Constitution of the Republic of
Texas related to the judiciary. It provided that the judicial powers of the
government "shall be vested in one Supreme Court, and such other infe-
rior courts as the congress may, from time to time, ordain and estab-
lish." The judges of the supreme and inferior courts would hold their
offices for four-year elective terms and were eligible for reelection. The
Supreme Court was to consist of a chief justice, with district judges serv-
ing as associate judges of the court. The associate judge was to recuse
himself from sitting on any case that he tried at the district court level.
Section nine provided, "The Judges of the supreme court and district
courts shall be elected by joint ballot of both houses of Congress."14
Determining the reasoning behind these provisions in the judicial
article is a difficult task, as no record was kept of the debates relating
to the structure of the new government. Several observations, never-
theless, have been made through comparison of other constitutions
" Joe E. Ericson, "Constitution of the Republic of Texas," in Tyler, et al. (eds.) The New
Handbook of Texas, II, 292; Rupert N. Richardson, "Framing the Constitution of the Republic of
Texas," Southwestern Historncal Quarterly, 31 (Jan., 1928), 192.
" Journals of the Convention of the Free, Sovereign and Independent People of Texas in General
Convention Assembled (Houston: n.p., 1838), reprinted in H. P. N. Gammel (comp.), The Laws of
Texas, 1822-1897 (io vols.; Austin: The Gammel Book Co. 1898), I, 824; William Fairfax Gray,
The Diary of William Fairfax Gray, From Virginia to Texas, 1835-1837, ed. Paul Lack (1909; reprint,
Dallas: DeGolyer Library and William P. Clements Center for Southwest Studies, Southern
Methodist University, 1997), 115, 117, 121(quotation), 123; Richardson, "Framing the
Constitution," 197-198, 208.
"' Texas Constitution (1836), art. 4, sec. 1, 7-9.433
2002
Upcoming Pages
Here’s what’s next.
Search Inside
This issue can be searched. Note: Results may vary based on the legibility of text within the document.
Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Periodical.
Texas State Historical Association. The Southwestern Historical Quarterly, Volume 105, July 2001 - April, 2002, periodical, 2002; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth101222/m1/477/: accessed April 27, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting Texas State Historical Association.