detail of inscription on back of document

An early draft of the document that created the Republic Supreme Court

One of the projects of the first congress of the Republic of Texas was to establish the court system for the nation. The system was mandated by the 1836 Constitution and this 2,444-word document was the result.

Under Mexican rule, three alcaldes were elected to apply Spanish law, both civil and criminal. The Mexican judicial system was one of the primary issues the colonists wanted to change, so this important document is a major step down that road. Within this particular document is the phrase "passed by the Senate" and numerous notations, such as corrected spellings and more concise wording. This copy was most likely scrutinzed before final passage by the House.

This 12.5" x 15" document is an important step in the formation of a separate and independent nation. The later state constitutions all retained the structure of the judicial system established in the constitution of the Republic.

Following is the complete text.

( ) indicates added material

( ) indicates words or pharases which were marked out

(A Bill)

(Entitled) "An Act to establish and organize the Supreme Court, and to define the powers and jurisdiction thereof."

Sec. 1. Be it enacted by the Senate and House of Representatives of the Republic of Texas, in Congress assembled, That there shall be established in this Republic a court to be styled the "Supreme Court of the Republic of Texas," which court shall consist of one supreme judge to be styled the chief justice, to be elected judges of the district of Congress, and such judges as shall be elected judges of the district courts, who shall continue in office during the time prescribed by the constitution. The chief justice shall receive a salary of five thousand dollars per annum, payable semi-annually at the treasury of the Republic.

Sec. 2. The supreme court shall be held annually at the seat of government, on the first Monday in December, and a majority of all the judges shall be necessary to constitute such court.

Sec. 3. The said supreme court shall have jurisdiction over, and shall hear and determine all manner of pleas, plaints, motions, causes and controversies, civil and criminal, which may be brought before it from any court in this (state) either by appeal or other legal (means) and which shall be cognizable in said supreme court according to the constitution and laws of this Republic. Provided, That no appeal shall be granted, nor shall any cause be removed into the supreme court, in any manner whatever, until after final judgement or decree, in the court below, except in cases particularly provided for by law.

Sec. 4. When, by appeal or in any other manner permitted by law, the judgement, sentence, or decree of the court below shall be reversed, the supreme courtshall proceed to render such judgement, or pass such sentence or decree, as the ocurt below should have rendered or passed; except it be necessary in consequence of the decision of the supreme court that matter of fact be ascertained, or damages be assessed by a jury, or when the matter to be decreed is uncertain, in either of which cases the suit, action or prosecution, as the case may be, shall be remanded to the court from which it was brought for a (final) (more definite) decision.

Sec. 5. When a final judgement or decree shall be rendered or passed, in any cause brought before the supreme court by appeal or otherwise, it shall be the duty of the clerk of said court to certify the final judgement or decree to the clerk of the court from which such cause was brought, within twenty days after the adjournment of the supreme court, at which such final judgment or decree was rendered (or passed), together with a bill of all costs which shall have accrued, and damages if any assessed, in the said supreme court; and it shall be duty of every clerk of the court from which such cause was removed, on receiving such certificate to issue execution on such final judgment for the purpose of having it carried into effect in the same manner as though it had (passed) (been rendered) in the court below.

Sec. 6. The sentence of the supreme court in all criminal prosecution, brought before such court from any other court, shall be executed in like manner in all respects, as if such sentence had been passed (rendered) in the court wherein the prosecution originated; and the sheriff of the proper county shall be charged with the execution of such sentence.

Sec. 7. In all cases taken to the supreme court, in case the copy of the record in the cause below shall not be filed with the clerk of the supreme court, on or before the first day of the term to which such case was taken or returnable it shall be lawful for the court, on motion of the defendant in appeal, and on producing a copy of the citation, duly served on the defendant, to dismiss the cause; but the same may be reinstated at any time during the term, if good cause be shewn to the satisfaction of the court why a copy of the record was not filed in due time.

Sec. 8. The said court, or any judge thereof in vacation, may gerant writs of injunction, supersedeas, and such other writs as the laws permit, to the judgements or decrees of the county or district courts, on the terms and conditions as the law may prescribe in cases of appeals; and also to grant writs of habeas corpus, and all other remedial writs and process granted by said judges by virtue of their office, agreeable to the principles and usages of law, returnable as the law directs, either to the supreme court, or before any judge of said court, as the nature of the case may require.

Sec. 9. In all cases of appeal to the supreme court, the trial shall be on the facts as found by the jury in the court below, and if the facts should not be stated in a manner sufficiently full and clear to enable the supreme court to give its judgment, then and in that case the said court shall remand the said (case) (cause) to the proper court for a new trial, in order that the facts may be fully and clearly (stated) (?established) and this act shall be construed to extend to appeals taken to the superior court of Texas, as established by the law of 1834, which cases remain yet undecided.

Sec. 10. For the said supreme court one clerk shall be appointed in the following manner: in term time, the appointment shall be made by an order entered of record in the proceedings of the court, and the person so appointed, before he enters on the duties of his office, shall take the oath prescribed in the constitution, in open court and shall enter into bond with two securities to be approved by the court, payable to the President of the Republic and his successors in office, in the penalty of (ten) (twenty) thousand dollars: conditioned for the faithful performance of the duties of his office; and that he seasonably record the judgments, decrees, decisions and orders of the said court, and deliver over to his successor in office, all records, minutes, books, papers, and whatever belongs to his said office of clerk; which bond shall be recorded in the clerk's office of said court, and immediately thereafter be deposited in the office of the Secretary of State, and shall not be void on the first recovery, but may be put in suit and prosecuted, at the costs and charges of any party (injured) until the amount thereof be recovered. In vacation, the appointment shall be made by the (supreme judge) (chief justice), and the person so appointed shall give bond and security, and take the oath as above prescribed, which bond shall be recorded and deposited in the same manner as though the appointment had been made in term time, and may be prosecuted and put in suit in like manner. An authenticated copy of said bond shall be received in evidence in any court in this Republic, in the same manner as the original would be, if it were present in court.

Sec. 11. The said clerk shall hold his office for the term of four years from his appointment, but may be removed there from for neglect of duty, or misdemeanor in office, by the supreme court; on motion of which the clerk against whom complaint is make shall have ten days previous notice, specifying the particular negligence or misdemeanor in office with which he stands charged; and in every such case, the said court shall determine both the law and fact, and whenever the necessity occurs, the supreme court may appoint a clerk pro tempore.

Sec. 12. The successor in office of any clerk shall receive into his possession all papers, books stationary and every thing belonging to the said office; and should the person, or persons, having possession of the same refuse to give them up on demand made, it shall be the duty of the clerk to give information thereof to the attorney general, who shall prosecute such person, or persons, in the name of the Republic.

Sec. 13. If any clerk of the supreme court shall knowingly make any false entry, or raze a letter, or change any record in his keeping, belonging to his office; every such clerk so offending shall on conviction thereof, be fined and imprisoned at the discretion of the court, and shall also be liable to the action of party aggrieved.

Sec. 14. The clerk of the said court shall carefully preserve the transcripts of records certified to his court, and all papers relative thereto; docketing all causes brought by appeal or otherwise, in the order he shall receive them that they may be heard in the same course, unless the court for good cause shewn, direct any to be heard out of its turn; and shall faithfully record the decisions and proceedings of said court, and certify the same to the proper courts; and all causes shall be tried by the said supreme court, at the return term, unless satisfactory cause can be shewn for a continuance.

Sec. 14. The clerk of the district court shall receive and pay to the clerk of the supreme court, all costs which may have accrued in the supreme court in any cause or controversy which may have been brought into the supreme court from such district court, wherein a final judgment or decree shall be rendered (or passed) and any clerk failing to pay such costs on demand after he shall have received the same, may be proceeded against by motion in the supreme court in the same manner that sheriffs any be proceeded against for money received on executions.

Sec. 15. A certified copy of the bond required by law to be given by the appellant or plaintiff in the appeal shall be transmitted by the clerk of the court below, with a transcript of the record of the cause in which such appeal was taken or which may be taken in any other way to the supreme court, and in case the judgment or decree of the court below shall be affirmed or the appellant shall fail to prosecute the same to the effect, the supreme court shall enter up judgment or decree against all the obligors in such bond, both principal and security for the debt, damages and costs, which may be adjudged to the appellee; and it shall be the duty of the court below on the certificate to the clerk of the supreme court to issue execution thereon accordingly.

Sec. 16. In all cases decided by the supreme court the judgment or decree of the court shall be pronounced publicly, with the reasons of the court for the same.

Sec. 17. All writs an processes issuing from the supreme court shall bear test (of the presiding judge) (by the clerk) of such court, and shall be under the seal of said clerk thereof, and may be directed to the sheriff, or other proper officer, of any county in the Republic, and shall be by him executed according to the commands thereof and returned to the court from which they emanated; and whenever such writ or process shall not be executed, the clerk of said court is hereby authorized and required to issue another like writ or process, upon the application of the party sueing out the former writ or process; and where any person, plaintiff or defendant, in any suit depending in the said court, shall be dead, it shall be lawful for the clerk of the said court during the recess of the court upon application to issue proper process to enable the court to proceed to a final judgment or decree, in the names of the representatives of such deceased person.

Sec. 18. The said court may adjourn from day to day or for such longer period as they may think necessary to the ends of justice, and the determination of the business before them, and there shall be no discontinuance of any suit, process, matter or thing, returned to or depending in the supreme court, although a sufficient number of judges shall not attend at the commencement or any other day of the term; but if a sufficient number shall fail to attend at the commencement of any term, or at any time during the term, any judge of the said court, or the sheriff attending the same may adjourn the said court from day to day for six days successively.

Sec. 19. No judge of the supreme court shall sit in any cause wherein he is directly or indirectly interested, or if he shall have been of counsel for either party in such cause. But although one or more of the judges of the supreme court be interested in the event of any suit, matter, or thing, depending therein, the same shall be finally decided by the other judges, if there be a number of judges, not so interested, sufficient to constitute a court , and in a case a majority of said judges shall be interested in any cause depending in said court, it shall be the duty of Congress to appoint, by joint resolution, one or more persons, learned in the law, to supply the places of the judges so interested, who shall hear and determine (that particular case and no other.) (?all bench cases)

Sec. 20. Whenever the supreme court shall be equally divided in opinion on hearing any appeal or other matter, the judgment or decree of the court below shall be affirmed.

Sec. 21. The sheriff of the county in which the supreme court shall be held, shall be the sheriff of said court, and shall attend the same with a sufficient number of deputies accordingly; and the sheriff and his deputies shall be bound to perform the duties of such.

Sec. 22. The supreme court shall have power to punish any person for a contempt of such court provided such punishment shall not exceed, of or each contempt, a fine of one hundred dollars and imprisonment for six days.

Sec. 23. The (President) (chief justice) shall cause to be procured a seal fort he use of the supreme court around the margin in circular form, with a star in the center.

Sec. 24. The (supreme judge) (chief justice) shall be sworn into office by any one of the primary judges heretofore appointed by law.