The Texas Supreme Court: A Narrative History, 1836–1986

Appendix A. Milestones in the Organization and Operation of the Texas Supreme Court

milesTones in The organizaTion and operaTion oF The Texas supreme CourT  Mar. 17 Constitution of the new Republic of Texas calls for creation of a Supreme Court led by a chief justice, and three to eight district courts whose judges serve ex officio as associate judges of the Supreme Court. Dec. 15 Republic Congress passes the first of a series of acts organizing the judiciary. Dec. 16 Congress elects James Collinsworth as chief justice. Dec. 22 Congress elects four district judges, who will also serve as associate judges of the Supreme Court: Shelby Corzine, Benjamin C. Franklin, Robert McAlpin Williamson, and James W. Robinson.  Dec. 4 First scheduled Supreme Court session is canceled due to lack of quorum. Dec. 14 Congress passes a law to fine absent associate judges $1,000.  May 24 Congress adds a fifth district court and elects E. T. Branch as judge. July 11 Chief Justice James Collinsworth drowns in Galveston Bay, possibly a suicide. Aug. 10 President Sam Houston appoints John Birdsall as chief justice, pending approval of Congress. Dec. 12 Congress elects Thomas J. Rusk as chief justice; he is on a military campaign against the Indians and is unaware of his election.  Jan. 7 The 1839 Court term is canceled because of the absence of the chief justice, whose presence is required by the Constitution. Jan. 21 Rusk learns of his election as chief justice.  Jan. 13 Supreme Court convenes for the first time, with Chief Justice Rusk presiding. Jan. 20 Associate Judge/District Judge James Robinson resigns under threat of impeachment. John Hemphill is elected judge of the Fourth District Court to replace Robinson and takes his seat on the Supreme Court. Congress adopts the English common law as the basis for Texas jurisprudence. appendix a THe Texas supreme CourT 228 Jan. 24 First Supreme Court session ends, having disposed of forty-nine cases and issued eighteen opinions. Mar. 19 Judge Hemphill, in San Antonio to hold court, kills a Comanche with a dagger in self-defense during the Council House Fight. June 30 Chief Justice Rusk’s resignation is accepted by President Lamar. Dec. 5 Congress elects Judge Hemphill chief justice to replace Rusk.  Jan. 11 Chief Justice Hemphill convenes his first Supreme Court session.  Feb. 3 Congress provides that the next Court session will begin on the third Monday in December. Summer James Dallam publishes the opinions of the Republic Court, 1840–1844. Oct. Anticipating annexation, Texas adopts a new constitution, which establishes a full-time three-member Supreme Court, appointed by the governor for sixyear terms. Dec. 15 Final session of the Republic Supreme Court convenes in Austin. Dec. 29 Constitution of the State of Texas is ratified by the United States, resulting in the annexation of Texas as the twenty-eighth state in the Union.  Jan. 5 Final session of the Republic Supreme Court adjourns; thirty cases were decided , but will not be reported until 1986. Jan. 22 Judicial terms expire. Feb. 19 Power is officially transferred from the Republic to the State of Texas. Mar. 2 The Texas Senate confirms the governor’s appointments of Chief Justice John Hemphill and Associate Justices Royall Wheeler and Abner Lipscomb to the Supreme Court of the State of Texas.  By constitutional amendment, justices are to be elected by the people rather than appointed by the governor; effective 1851.  Court sessions are held in Galveston in winter, Tyler in summer, Austin in fall. Aug. 4 John Hemphill is elected chief justice by the voters.  Dec. 8 Abner Lipscomb dies in office.  Feb. 2 Oran Roberts is elected to take Lipscomb’s place as associate justice.  Oct. John Hemphill resigns from the Court when he is elected to the U.S. Senate, replacing Sam Houston. Royall Tyler takes Hemphill’s place as chief justice, having been elected by the voters on Aug. 2.  Feb. 23 Texas voters ratify secession from the Union, effective March 2. Apr. 1 Article 4 of the new constitution vests judicial power in the Supreme Court, 229 miLesTones in THe Texas supreme CourT district courts, and inferior courts as established by the legislature. Supreme Court justices in office prior to secession remain in office.  Apr. 9 Chief Justice Wheeler commits suicide at his home. Aug. 1 Oran Roberts is elected chief justice and takes office in November.  June 25 First Reconstruction constitution is ratified, enlarging the Court from three to five justices, popularly elected for ten...