The Quarterly of the Texas State Historical Association, Volume 2, July 1898 - April, 1899 Page: 32
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32 Texas Historical Association Quarterly.
furnishes such opportunity for studying social and political
As stated above, prior to the revolution in Mexico, the Roman
Civil law, with its various Spanish modifications, was in force in
all the dependencies of Spain in the North American continent.
The change of government wrought by the revolution necessitated
material changes in its jurisprudence; still this Civil law remained
as its base. After the overthrow of the usurper Iturbide, the Mex-
ican congress reassembled and adopted the "Constitutive Act of
Federation" as the plan of government for the Mexican nation.
This act was promulgated January 31, 1824.
In this federation, Texas was combined with Nuevo Leon and
Coahuila, forming the Internal State of the East.1 This constitu-
tive act denied to the several States the power to adopt permanent
constitutions 'and organize permanent governments until the per-
manent Federal Constitution should be adopted. In the mean-
time, the existing State governments were to continue provision-
ally.2 By Decree No. 403, of 'date May 7, 1824, the Mexican Con-
gress divided the Internal -State of the East, separating Nuevo Leon
from Coahuila and Texas.3 From this time until the Texas Revolu-
tion Colahuila and Texas constituted a State. The first Constituent
Congress of Coahuila and Texas met on August 13, 1824, at Slal-
tillo, and by Decree No. 1 declared itself duly installed, and inau-
gurated the provisional State government.
Section 10 of this Decree is as follows:
"The judicial power shall, for the present, be vested in the au-
thorities by which it is now exercised in the State, -and in the ad-
ministration of justice they shall be governed by the laws in use
so far as they are not opposed to the form of government adopted.4
This provision continued the former Civil law courts.
The "Constitutive Federal Government" was superseded by the
adoption 'of "the Federal Constitution of the United Mexican States,
sanctioned by the General Constitutive Congress, on the 4th of Oc-
to'ber, 1824." This constitution was intended to be permanent. It
1Art. VII., Constitutive Acts of the Mexican Federation.
8 Arts. XXIV. and XXV., Constitutive Acts of the Mexican Federation.
8 Legislacion Mexicana, Dublan y Lozano, I., 706.
4Laws and Decrees of Coahuila and Texas, p. 4.
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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. (texashistory.unt.edu/ark:/67531/metapth101011/m1/36/: accessed June 27, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting Texas State Historical Association.