Texas Historical Marker

Smith County as a 19th Century Legal Center

Tyler · Smith County · placed 1992

Civil War

Hear Duane tell it

Smith County, Texas

Duane's take

Here's how the official marker tells it, and I'll do my best to do it justice. Smith County — you might know it today as home to Tyler, a town that likes its roses — but back in the 1840s, what it liked was the law. And the law liked it right back.

The county was established in 1846, and it barely had time to dry its boots before the legal proceedings started rolling in. The very first one — the very first district court session in the whole county — was held in an abandoned one-room log cabin in Tyler. December 1846.

No grand courthouse, no marble columns. Just four walls, a roof, and the business of justice. That right there ought to tell you something about the ambition of the place.

Then comes 1850. The State Legislature looks around at this young republic-turned-state and decides the Supreme Court shouldn't be chained to Austin alone — it ought to ride circuit, meet in different places across Texas, let the law come to the people. Tyler was chosen as one of only three seats in the entire state.

Three. Out of all of Texas. The Supreme Court began meeting here the following year.

And then, as if that weren't enough, 1851 also saw Tyler named a United States District Court seat — a distinction it has held ever since, with one notable interruption. The Civil War. During that stretch, it wasn't the U.S.

District Court meeting in Tyler — it was the Confederate District Court. The war changed a great many things, but Tyler kept its courtrooms busy regardless of which flag flew over them. Now, the Supreme Court — God bless it — was drowning.

Hearing both civil and criminal appeals, it was overworked in the way only a single institution trying to be everything to everybody can be overworked. So when Texas drafted a new constitution in 1876, it did something sensible: it created the Court of Criminal Appeals, a separate court to take the criminal jurisdiction off the Supreme Court's plate. And here's the part that'll make you appreciate Tyler's reputation — the Court of Criminal Appeals was set up to rotate to the same places, at the same time, as the Supreme Court.

Which means from its very first day, from its inception, the Court of Criminal Appeals met in Tyler. This little East Texas town was hosting not one, not two, but layers of the highest courts in the state. Eventually, state laws passed moving both the Supreme Court and the Court of Criminal Appeals permanently to Austin.

Nothing lasts forever, and the law, like everything else, finds its way to the capital in the end. But Tyler didn't let go easily. The Supreme Court kept meeting here until 1891.

The Court of Criminal Appeals held on even longer — until 1908. For decades, if you had business before the highest courts in Texas, there was a real good chance that business was getting done right here, in Tyler, Smith County. Started in an abandoned log cabin.

Ended as one of the most consequential legal addresses in the entire state. Not bad for a one-room beginning.

What the marker says

Soon after its establishment in 1846, Smith County became an important legal center in East Texas. The first legal proceeding to take place in the county was a district court session held in an abandoned one-room log cabin in Tyler in December 1846. In 1850, after the State Legislature decided the Supreme Court should meet not only in Austin but throughout the state, Tyler was made one of the court's three seats. The Supreme Court began meeting here the following year. In 1851 Tyler was also made a U. S. District Court seat. It has served as such since that time, interrupted only by the Civil War when Confederate District Court was held here. Because the Supreme Court was overworked hearing both civil and criminal appeals, the new Texas Constitution of 1876 established the Court of Criminal Appeals to relieve the Supreme Court of its criminal jurisdiction. Rotating at the same time and to the same places as the Supreme Court, the Court of Criminal Appeals met in Tyler from its inception. Years later, state laws were passed that moved the Supreme Court and the Court of Criminal Appeals permanently to Austin. The courts continued to operate in Tyler until 1891 and 1908, respectively.

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