Malcolm Rivera
Between 1827 and 1876, Texas had a rapidly changing political landscape, with several constitutions implemented during this period. The state's history during this time is complex, with Texas being a part of the United Mexican States, an independent republic, a state within the Confederate States of America, and eventually a state within the United States of America. This dynamic backdrop resulted in a need for constitutional changes to accommodate the evolving status of Texas. The constitutions during this period include the Constitution of the State of Coahuila and Texas (1827), the Constitution of the Republic of Texas (1836), the Constitution of Texas (1845), the Constitution of Texas (1861), the Constitution of Texas (1866), the Constitution of Texas (1869), and the Constitution of Texas (1876).
| Characteristics | Values |
|---|---|
| Number of Constitutions | 8 |
| First Constitution | Federal Constitution of the United Mexican States (1824) |
| Last Constitution | Constitution of Texas (1876) |
| Others | Constitution of the State of Coahuila and Texas (1827), Constitution of the Republic of Texas (1836), Constitution of Texas (1845, 1861, 1866, 1869) |
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What You'll Learn
The Constitution of the State of Coahuila and Texas (1827)
The Constitution of the State of Coahuila and Texas was issued on March 11, 1827, in the city of Saltillo, Coahuila. This constitution was formed when the Federal Constitution of the United Mexican States (1824) required each state in the republic to frame its own constitution. Coahuila and the former Spanish province of Texas were combined as the state of Coahuila and Texas, and the state's constitution was promulgated in 1827.
The Constitution of Coahuila and Texas divided the state into three departments, one of which was Texas, known as the District of Bexar. Judicial authority was vested in state courts, which had jurisdiction over minor crimes and civil cases. The courts could try cases but could not interpret the law, and misdemeanours were tried by a judge without a jury. Military personnel and ecclesiastics were subject to rules made by their respective orders.
The Catholic religion was established as the state religion under the Constitution of Coahuila and Texas. Citizens were guaranteed liberty, security, property, and equality. Slavery was prohibited, and the import of slaves was banned after six months. Citizenship was clearly defined, and legislative power was delegated to a unicameral legislature composed of twelve deputies elected by popular vote, with Texas allocated two of the twelve deputies. The legislature was given a wide range of powers, including legislative, executive, and judicial functions. It could elect state officials, serve as a grand jury in political and electoral matters, and regulate the army and militia. Additionally, it was responsible for promoting education and protecting freedom of the press. The executive power was vested in a governor and vice governor, elected for four-year terms by popular vote.
The Constitution of Coahuila and Texas played a significant role in Texas history, particularly in the state's journey towards independence. It is important to note that this constitution was created during a time when a large portion of present-day Texas was part of Mexico, reflecting a jurisdiction that no longer exists in the same form.
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The Constitution of the Republic of Texas (1836)
During the Texas Revolution, delegates hastily drafted the Constitution of the Republic of Texas in 1836. It was the first Anglo-American constitution to govern Texas, and it served as the supreme law of Texas from 1836 to 1845. The constitution was modelled after the United States Constitution and borrowed language from it, as well as from several contemporary state constitutions. The Texas Constitution incorporated provisions from both American and Mexican law, reflecting the social and economic conditions of the time.
The Constitution of the Republic of Texas was drafted by 59 delegates who assembled at Washington-on-the-Brazos on March 1, 1836. It was adopted by the convention fifteen days later and ratified by a vote of the people of the republic on the first Monday in September 1836. The constitution included a short preamble and separated the powers of government into three branches: legislative, executive, and judicial. It included checks and balances, a Bill of Rights, male suffrage, and a method for amendment. The legislature was bicameral, consisting of the Senate and the House of Representatives. The executive resembled the American presidency, with the President of the Republic of Texas serving a three-year term and unable to serve consecutive terms, similar to provisions in the Mexican Constitution.
Among the important provisions adapted from Mexican law were community property, homestead exemptions and protections, and debtor relief. The Texas Constitution also protected the right to own slaves and prohibited "Indians" and "Africans" from becoming citizens or living freely in the country. It defined the role and power of the president, who was required to be at least thirty-five, a citizen, and to have lived in the republic for at least three years before the election. The constitution established the laws, duties, and rights of the people and government, including voting qualifications and procedures.
The amending process for the Texas Constitution of 1836 was complex, and despite several suggested amendments, none were ever adopted during its ten-year lifespan. After Texas seceded from the Union, a new constitution was drafted in 1861 to transfer Texas statehood from the United States to the Confederate States of America. The Texas Constitution of 1876, the sixth constitution by which Texas has been governed, remains in force today, although it has been amended hundreds of times.
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The Constitution of Texas (1845)
Between 1827 and 1876, several constitutions were implemented in Texas, including the Constitution of Texas (1845). This was the most popular of all the Texas constitutions and was well-regarded for its straightforward and simple form. The Constitution of 1845 provided for the government of Texas as a state in the United States and was drafted by the members of the Convention of 1845. It was almost twice as long as the Constitution of the Republic of Texas, and its framers drew heavily on the newly adopted Constitution of Louisiana and the constitution drawn by the Convention of 1833. The legislative department established by the Constitution of 1845 consisted of a Senate with between nineteen and thirty-three members, and a House of Representatives with between forty-five and ninety members. Representatives were elected for two-year terms and were required to be at least twenty-one years old. Senators were elected for four-year terms, with half of the Senate being chosen biennially, and all senators were required to be at least thirty years old.
The Constitution of 1845 also included provisions for public education and homestead protection. In the article on education, the legislature was directed to make suitable provisions for supporting and maintaining public schools. Additionally, 10% of revenue from taxation was set aside as a Permanent School Fund. School lands could not be sold for twenty years but could be leased, with the income going towards the Available School Fund. The Constitution of 1845 also reaffirmed the land provisions of the Constitution of 1836 and continued the operation of the General Land Office.
The governor's term, as outlined in the Constitution of 1845, was set at two years, and they were ineligible to serve more than four years within any six-year period. The governor was required to be a citizen and resident of Texas for at least three years before their election and to be at least thirty years old. They had the power to appoint the attorney general, secretary of state, and supreme and district court judges, subject to Senate confirmation. However, the comptroller and treasurer were elected biennially by a joint session of the legislature. The governor could also convene and adjourn the legislature in cases of disagreement between the two houses and served as the commander-in-chief of the militia. They had the authority to grant pardons and reprieves, and their veto could be overruled by a two-thirds vote in both houses.
The Constitution of 1845 was accepted by the United States on December 29, 1845, despite opposition to the annexation of Texas by some politicians, including Daniel Webster. Only one amendment was ever made to this constitution, which provided for the election of state officials who were previously appointed by the governor or legislature. This amendment was approved on January 16, 1850.
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The Constitution of Texas (1861)
Between 1827 and 1876, Texas had six constitutions, with the seventh being implemented in 1876. The Constitution of Texas was amended in 1861, at the beginning of the American Civil War.
Following Texas's secession from the Union in 1861, the 1861 constitution was drafted to transfer Texas statehood from the United States of America to the Confederate States of America. The 1861 constitution is notable for its explicit abolition of slavery and guarantee of civil rights to all citizens, in compliance with the Reconstruction Acts passed by Congress.
The 1861 constitution also included several provisions that upset many Texans, such as stripping voting rights from former Confederate officers and granting immense power to government officials, especially the governor. This constitution was drafted by a constitutional convention that took place in 1861, and it is considered one of several different versions of the Texas Constitution that have existed throughout its history.
The 1861 constitution was replaced by the 1869 constitution, which was also drafted by a constitutional convention. However, the 1869 constitution was highly controversial and its legitimacy was disputed. The 1876 constitution, which is still in force today, was created in response to the perceived abuses of the 1869 version.
The Texas Constitution of 1876 is the basic organic law of Texas and has been amended hundreds of times. It is the second-longest state constitution in the United States and is known for its dynamic and detailed nature, covering specific topics such as local government, taxes, and private property rights. The constitution's length and ease of amendment have resulted in it functioning as an adjunct to the statutes rather than a static set of governing principles.
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The Constitution of Texas (1869)
Between 1827 and 1876, Texas had five constitutions. The state's first constitution was promulgated in 1827.
The 1869 Constitution included a Bill of Rights that asserted the legal foundation of the document. It acknowledged the supremacy of the Constitution of the United States in matters of law and accepted the theory that the US government was the ultimate source of sovereignty. The new constitution also embraced the demands of the Fourteenth and Fifteenth Amendments to the US Constitution concerning citizenship and voting rights. Unlike its predecessor, the 1869 Constitution extended the rights of citizenship to all males, including African Americans.
The 1869 Constitution also included a proviso that forbade granting public land to anyone other than an actual settler. This clause prevented the legislature from making further grants to railroad or other corporations. It also declared that any land that had been granted to railroad companies but not yet given away would be forfeited if the requirements of the grant were not met. This land would then be opened to actual settlers or sold to benefit the state school fund.
The Constitution of 1869 proposed a more active role for the state government in supporting the economic and social development of Texas through the gift of lands, education, and the promotion of immigration. Its centralizing tendencies, abandonment of state rights, and specific restrictions on the use of state resources to support private corporations, such as railroads, prompted significant opposition. This opposition ultimately led to the writing of a new constitution in 1876.
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Frequently asked questions
Texas had 7 constitutions between 1827 and 1876.
The first constitution implemented in Texas during this period was the Constitution of the State of Coahuila and Texas in 1827.
The last constitution implemented in Texas during this period was the Constitution of 1876.
The Constitution of 1876 was unique because it complied with public opinion, providing for biennial sessions of the legislature, low salaries for public officials, precinct voting, and a return to the road-working system.
Yes, there were several other significant constitutions implemented in Texas during this period, including the Constitution of the Republic of Texas (1836), the Constitution of Texas (1845), and the Constitution of Texas (1861).
