The Quarterly of the Texas State Historical Association, Volume 2, July 1898 - April, 1899 Page: 38
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38 Texas Historical Association Quarterly.
attempted in vain a conciliation with the opposite party, and with-
out this requisite the demand shall not be admitted."
"Art. 101. Neither of the parties shall be permitted to present
more than two writings; and the term of three days shall be al-
lowed for the replica, counted from that of the contestation; and
the same time shall be allowed for the duplica, counted from that
of the replica; and the judge shall deliver these documents to the
parties to whom they may respectively appertain immediately on
The superior court contemplated in this act was never organized
in any ,of the three districts, and no session of such court was ever
'hed; hence, this first attempt to -establish a Texas judicial system
was of little, if any, practical effect. The state of the ,country was
too unsettled to permit of orderly proceedings in any department.
The causes which culminated in the 'Texas revolution were actively
at work, and the attention of all parties was filled with other
things than private litigation. Theoretically, this law remained in
force until the meeting of the .Consultation at San Felipe de Aus-
tin, .on October 15, 1835, and the establishment by it of the pro-
visional government, consisting of a governor, lieutenant governor,
and council, who were authorized to administer 'the affairs of
This consultation did not declare nor contemplate national in-
dependence for Texas; it strove to accomplish the restoration of
the national constitution ,of 1824. The plan of provisional govern-
ment agreed upton conferred almost absolute power upon its offi-
cers, acting as a council. Among other things, this council was to
exercise the power of courts of admiralty and maritime jurisdiction.
It was especially required to organize a provisional judiciary.
The three articles relating to the latter, are as follows:
"Art. 5. There shall be constituted a provisional judiciary in
each jurisdiction represented, or which may hereafter be repre-
sonted in this House, to consist of two judges, a first ,and second,
the latter to act only in the absence or inability of the first, and
to be nominated by 'the Council and commissioned by the Gov-
"Art. 6. Every judge, 'so nominated and commissioned, shall
have jurisdiction over all crimes 'and misdemeanors recognized
and known to the Common law of England; he shall have power
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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/m1/42/: accessed January 19, 2018), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting Texas State Historical Association.