The Southwestern Historical Quarterly, Volume 25, July 1921 - April, 1922 Page: 40
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The Southwestern Historical Quarterly
For, in the first place, he did not conceive there was any neces-
sity of a separate chancery court. By the practice now, you can
obtain in the district courts everything you could obtain in chan-
cery. It is a less expensive system to suitors and less difficult in
practice. . . . Again: it is established that the state govern-
ment must be erected upon an economical basis. If you give the
Legislature the power to create additional officers, they will in-
variably establish them.40
To this Lewis replied:
I apprehend no danger, and it is to be presumed, that the Legis-
lature would never exercise this power unnecessarily, or to the det-
riment of the country, as it would consist of representatives of the
people whose wishes and interests, it might be fairly presumed,
would be known to them.41
At this point James Davis advanced the argument that chancery
courts had been established in Alabama, and that they had not
been a success, as they had tended to "multiply the offices of the
state, with little benefit to society." Those favoring the establish-
ment of chancery courts tried to establish the fact that it was "ex-
ceedingly inconvenient and detrimental to the interests of the people
concerned" to have the "same sort of jurisdiction in law and chan-
cery." However, the friends of the system of administering jus-
tice in the same court, according to, the principles of both law and
equity, as the case might demand, won their point when the com-
mittee refused to strike out "inferior" and insert "others."42
c. The Legislative Department
One of the most difficult questions that the convention consid-
ered was that of the basis of representation for the state legislature.
These three plans were proposed: (1) representation in proportion
to population; (2) representation in proportion to qualified elec-
tors; (3) representation based on the federal ratio, counting all
free population plus three-fifths of the slaves. W. B. Ochiltree
said that this disagreement over representation was due to the geo-
graphical position of Texas.
She has a northern section where her servile institutions cannot
4'Debates of the Convention, 254.
"Debates of the Convention, 254.
42Debates of the Convention, 254-257.
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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/m1/46/: accessed April 23, 2018), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting Texas State Historical Association.