Isabella Carter
The Texas Constitution of 1876, the sixth constitution by which Texas has been governed since independence from Mexico in 1836, provided for a Senate consisting of thirty-one members. The Constitution, which was framed by the Constitutional Convention of 1875, was adopted on February 15, 1876, and it remains the basic organic law of Texas. It contains provisions that are uniquely Texan, many of which are products of the state's history, including sections dealing with land titles, debtor relief, judicial procedures, marital relations, and water and mineral rights.
| Characteristics | Values |
|---|---|
| Number of Senators | 31 |
| Term of Office | 4 years |
| Election | Chosen by qualified voters |
| Election of Officers | By vote of the Senate |
| Senatorial Districts | Divided into districts of contiguous territory |
| Qualifications | Citizen of the United States, qualified voter of Texas, resident of Texas for 5 years, resident of the district for 1 year, and 26 years of age |
| Eligibility for Other Offices | Ineligible for civil office of profit under Texas during term |
| Vacancy | Office becomes vacant if the senator moves their residence out of the district or county |
| Compensation | Up to $5 per day for the first 60 days of each session, and up to $2 per day for the remainder |
| University Provisions | Established the University of Texas, supported Texas A&M, and mandated the establishment of an institution for Black youth |
| Land Provisions | Set aside 1 million acres of public domain for universities and provided for homestead grants |
| Voting | Provided for precinct voting and mandated a poll tax, but not as a prerequisite for voting |
| Amendments | Made through amendments approved by two-thirds of the members of each house and a majority of voters |
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What You'll Learn
The Texas Constitution of 1876
The Constitution of 1876 established the structure and function of the Texas government and outlined the basic rights of its citizens. It provided for the establishment of the University of Texas and designated Texas A&M, founded in 1871, as a branch of the new university. The constitution also required the creation of an institution of higher education specifically for the instruction of Black youth in the state. To support these educational endeavours, the constitution set aside one million acres of public land, with all sales proceeds going towards a Permanent University Fund.
In terms of legislative power, the Texas Constitution of 1876 vested authority in the "Legislature of the State of Texas," consisting of the state's Senate and House of Representatives. The Senate was to consist of thirty-one members, while the House of Representatives initially had ninety-three members, with the possibility of increasing the number after the first apportionment or at any subsequent apportionment. Senators were to be chosen by qualified voters for a term of four years, and the constitution outlined specific qualifications for senators, including citizenship, residency requirements, and a minimum age of twenty-six years.
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The number of senators
The Texas Constitution of 1876, which came into effect on February 15, 1876, outlined that the Senate would consist of thirty-one members. This number was never to be exceeded.
The Constitution of 1876 was the sixth constitution by which Texas had been governed since independence from Mexico in 1836. It was framed by the Constitutional Convention of 1875, which consisted of seventy-five Democrats and fifteen Republicans, including six Black members. The convention was held to ensure that the government would be responsive to the public will, and it defined the rights, powers, and prerogatives of the various governmental departments and agencies.
The Texas Constitution of 1876 provided for the establishment of the University of Texas and mandated that Texas A&M, founded in 1871, become a branch of it. The constitution also required the legislature to establish an institution of higher education for the instruction of Black youth in the state. To support these educational endeavours, the constitution set aside one million acres of public land, with all sales proceeds going to a Permanent University Fund.
In addition to education, the Constitution of 1876 also addressed other aspects of society. For example, it provided for homestead grants of 160 acres to heads of families and 80 acres to single men over the age of eighteen. It also mandated a poll tax, although this was not a prerequisite for voting. The constitution included provisions that were unique to Texas, influenced by the state's history and the ideals of Jacksonian agrarianism and frontier radicalism.
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Senatorial districts
The Texas Constitution of 1876, which came into effect on February 15, 1876, provided for the state to be divided into thirty senatorial districts, with each district electing one senator to the Senate. The Senate was to consist of thirty-one members, with senators being chosen by qualified voters for a term of four years.
The Constitution of 1876 was the sixth constitution to govern Texas since its independence from Mexico in 1836. It was drafted by the Constitutional Convention of 1875, which was made up of seventy-five Democrats and fifteen Republicans, including six Black members. The convention was called after voters approved the convention and elected three delegates from each of the thirty senatorial districts.
The Constitution of 1876 included provisions that were unique to Texas, reflecting the state's history and influences. For example, it included sections on land titles, land law, debtor relief, judicial procedures, marital relations and adoption, and water and mineral rights. It also provided for the establishment of the University of Texas and mandated the legislature to establish an institution of higher education for the education of Black youth in the state.
The document was well-suited to the rural nature of Texas at the time, with provisions such as homestead grants of 160 acres to heads of families and 80 acres to single men over the age of eighteen. However, it did not account for the state's evolving urban, industrial, and commercial landscape. As a result, while few changes were made during the first fifty years, amendments have been made at an increasing rate since then.
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![A roster of general officers, heads of departments, senators, representatives, military organizations, etc., etc., in Confederate service during the war between the states 1876 [Leather Bound]](https://m.media-amazon.com/images/I/61IX47b4r9L._AC_UY218_.jpg)
Qualifications of senators
The Texas Constitution of 1876, which remains the basic organic law of Texas, provided for a Senate consisting of 31 members. The qualifications for senators were outlined in the constitution and have been amended over time.
Initially, to be eligible to become a senator, an individual must be a citizen of the United States and a qualified voter of Texas. They must have been a resident of Texas for the preceding five years, with the last year spent as a resident of the district they would represent. Additionally, senators had to be at least 26 years old at the time of their election.
These qualifications were amended in 1999, and the requirements for age and citizenship were increased. As of the amendment, senators must be at least 30 years old and have been a citizen of the United States for nine years.
It is worth noting that the Constitution of 1876 also included provisions to ensure that senators remained qualified and fulfilled their duties. For instance, if a senator moved their residence from the district or county they represented, their office would become vacant, and the vacancy would be filled as outlined in the constitution. Additionally, senators were restricted from holding certain civil offices or having specific contracts with the state during their term to avoid conflicts of interest.
The Constitution of 1876, framed by the Constitutional Convention of 1875, was approved by voters on August 2, 1875 and adopted on February 15, 1876. It included provisions unique to Texas, reflecting the state's unusual history and influences.
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Election and term of senators
The Texas Constitution of 1876, which came into effect on February 15, 1876, outlined the election and term of senators for the state. The document specified that the Senate would consist of thirty-one members, a number that was never to be exceeded. The senators were to be chosen by qualified voters for a term of four years. However, a unique aspect of this constitution was that after every apportionment, a new Senate would be chosen, and these senators would be divided by lot into two classes. The first class would serve for the first two years, while the second class would serve for the full four-year term. This resulted in half of the Senate being chosen biennially.
To be eligible to serve as a senator, an individual had to meet specific qualifications. They had to be a citizen of the United States, a qualified voter in Texas, and at least twenty-six years old. Additionally, they needed to have been a resident of Texas for the preceding five years, with the last year spent as a resident of the district they would represent.
The constitution also addressed senatorial districts, stipulating that the state be divided into contiguous senatorial districts, with each district entitled to elect one senator. This ensured equal representation across the state.
The Constitution of 1876 was significant in Texas's history as it was the sixth constitution governing the state since its independence from Mexico in 1836. It was shaped by the influences of Jacksonian agrarianism and frontier radicalism, reflecting the context of the time. The document also included provisions that were unique to Texas, such as sections pertaining to land titles, land law, debtor relief, judicial procedures, marital relations, and mineral rights.
The constitution-making process was driven by the need to ensure a responsive government. The rights, powers, and prerogatives of governmental departments and agencies were precisely defined, including details typically left to the legislature. This comprehensive approach to governance set the foundation for Texas's legislative department, with the Senate playing a crucial role.
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Frequently asked questions
There were 31 senators in the Texas Constitution of 1876.
The Constitution of 1876 is the sixth constitution by which Texas has been governed since independence from Mexico in 1836. It was framed by the Constitutional Convention of 1875 and adopted on February 15, 1876.
To be a senator, a person must be a citizen of the United States, a qualified voter of Texas, and a resident of the state for five years preceding their election, the last year of which must be spent in the district for which they are elected. They must also be at least 26 years old.
