Under the 1845 and 1861 constitutions of Texas, the Supreme Court had three justices. On February 13, 1866, a proposal to expand the Court to five justices was introduced by Unionist delegate Isaiah A. Paschal. His proposed resolution read:
Resolved, That the Judiciary Committee be instructed to take into consideration the propriety of amending the Constitution so as to increase the number of Judges of the Supreme Court to five, who shall hold the court at but one place, and be in permanent session, except in special vacation.
Also, consider the propriety of compelling the District Judges to hold their courts four times a year in each county, and to exercise original and exclusive jurisdiction over executors, administrators and guardians, under such rules as the Legislature may prescribe.
The resolution was adopted by the convention, and the Constitution eventually adopted in 1866 did expand the Supreme Court to five justices.
Texas Constitution History 