The Southwestern Historical Quarterly, Volume 25, July 1921 - April, 1922 Page: 39
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The Texas Convention of 1845
nually, that the judges of the district courts should receive seven-
teen hundred and fifty dollars annually, and that the salaries should
not be increased or decreased during the continuance of an incum-
bent in office.35 The convention further provided that the judges
of both the supreme court and of the district courts should be
"removed by the governor, on the address of two-thirds of each
House of the Legislature, for wilful neglect of duty or for other
reasonable causes, which should not be sufficient ground for im-
The next part of the report of the Committee on the Judiciary
considered was that pertaining to the number of courts that should
be created and the jurisdiction of the supreme court and district
courts. After deliberating for some time, the convention decided
that the judicial power should be vested in a supreme court, in
district courts, and in such inferior courts as the legislature might
create, that the supreme court should have appellate jurisdiction
only, and that the district courts should have original jurisdiction
in all criminal cases, of all suits in behalf of the state, of all divorce
cases, and of all suits when the matter in controversy was more than
one hundred dollars exclusive of interest.37
The extension of trial by jury in cases of equity was debated at
length. Although some of the delegates regarded it as an innova-
tion that would threaten the independence of the judiciary, it was
adopted as an additional section.38
The Judiciary committee had recommended that "the Judicial
power of the State shall be vested in one Supreme Court, in a
District Court, and in such inferior Courts as the Legislature
may, from time to time, establish."30 J. M. Lewis of Montgomery
county said that since it had been considered good policy in several
states to establish chancery courts and separate criminal courts,
he thought that the legislature should be empowered to establish
them "whenever the situation of the country made it right and
proper." Accordingly, he moved to strike out "inferior" and in-
sert "others." President Rusk said that he would vote against
3"Debates of the Convention, 292-300.
"Debates of the Convention, 300.
"Journal of the Convention, 349; Debates of the Convention, 486-493.
8"Debates of the Convention, 267-275.
"3Debates of the Convention, 32; Journal of the Convention, 47.
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Texas State Historical Association. The Southwestern Historical Quarterly, Volume 25, July 1921 - April, 1922, periodical, 1922; Austin, Texas. (texashistory.unt.edu/ark:/67531/metapth101082/m1/45/: accessed June 28, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting Texas State Historical Association.