Omar Bennett
The Constitution of the Republic of Texas was the supreme law of Texas from 1836 to 1845. It was the first Anglo-American constitution to govern Texas, and it established a unitary republic with three branches of government: legislative, executive, and judicial. The constitution also protected the right to own slaves and prohibited Indians and Africans from becoming Texan citizens. In 1845, Texas was admitted to the Union, and a new constitution was adopted.
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What You'll Learn
Established a unitary republic government
The Constitution of the Republic of Texas, established in 1836, formed a unitary republic government. This meant that Texas was established as a single, indivisible entity, with the power to govern held by a central authority. The constitution was modelled after the US Constitution and the constitutions of several southern states, but it differed in its establishment of a unitary republic rather than a federal republic as defined in the US Constitution.
The Constitution of the Republic of Texas established a government with three branches: legislative, executive, and judicial. The legislative branch was composed of a Senate and a House of Representatives, together known as the Congress of the Republic of Texas. The executive branch resembled the American presidency, and the judiciary system consisted of four tiers: justice, county, district, and supreme courts.
The constitution also outlined the powers and duties of each branch of government. The legislative power was vested in the Congress of the Republic of Texas, with members of the House of Representatives being chosen annually on the first Monday of September. The executive branch, led by the President of the Republic of Texas, had a three-year term limit and could not serve consecutive terms. The judiciary system, headed by the Supreme Court, consisted of district courts with district judges serving as associate judges.
In addition to establishing the structure and functions of the government, the constitution also addressed land ownership and the protection of rights. It included provisions adapted from Spanish-Mexican law, such as community property, homestead exemptions, and protections for those living in unoccupied lands within the republic. The constitution also protected the right to own slaves and prohibited "Indians" and "Africans" from becoming Texan citizens or owning land.
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Defined the legislative, executive, and judicial branches
The Constitution of the Republic of Texas was the supreme law of Texas from 1836 to 1845. It was the first Anglo-American constitution to govern Texas. The constitution defined the legislative, executive, and judicial branches of the Texas government.
Article I of the constitution established the three branches of government: legislative, executive, and judicial. The legislative branch was defined as a bicameral legislature, consisting of a Senate and a House of Representatives, collectively referred to as the Congress of the Republic of Texas. The members of the House of Representatives were to be chosen annually on the first Monday of September and would hold office for one year.
The executive branch resembled the American presidency, with a three-year term for the President of the Republic of Texas, who could not serve consecutive terms. The judiciary system consisted of four tiers: justice, county, district, and supreme courts. The Supreme Court was to be composed of a chief justice and associate judges, with the majority of district judges constituting a quorum.
The constitution also included provisions related to land ownership and the protection of rights for people in unoccupied lands. Amendments to the constitution required a majority vote in both houses of the legislature and subsequent approval by the people. The Declaration of Rights established the freedoms and treatment of people by the government, including equal rights for all free, white men, freedom of religion, and the right to own slaves.
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Protected the right to own slaves
The Constitution of the Republic of Texas, which was the supreme law of Texas from 1836 to 1845, protected the right to own slaves. This was achieved through various provisions and laws outlined in the document.
Firstly, the constitution explicitly prohibited "Indians" and "Africans" from becoming Texan citizens or living freely in the country. It also ensured that only the head of a family, excluding "Indians", "Africans", and their descendants, was entitled to land ownership. This provision further solidified the economic and social power of slave owners, who constituted the state's wealthiest class.
Secondly, the constitution included a Declaration of Rights, which established how people, specifically free white men, were to be treated by the government and what freedoms they were afforded. This included the right to own slaves, as the constitution gave slave owners broad powers of discipline and control over their slaves. Slaves were considered the legal property of their owners and could be bought, sold, mortgaged, or hired out.
Thirdly, the constitution addressed the issue of slave emancipation. It stated that the legislature had no power to emancipate slaves without the consent of their owners and without providing monetary compensation to those owners. Additionally, slaveholders were prohibited from emancipating their slaves without the consent of Congress. These provisions ensured that the right to own slaves was protected and that any potential emancipation would be highly regulated and challenging to achieve.
Furthermore, the constitution outlined specific rights and protections for slave owners who brought their slaves into the republic. It stated that Congress shall not prohibit emigrants from bringing their slaves into Texas and that these slaves would remain the property of their owners. This provision encouraged and protected the practice of slave ownership among those migrating to Texas.
Lastly, while the constitution did include a provision for the humane treatment of slaves, stating that owners must provide necessary food and clothing and refrain from inflicting injuries to life or limb, this protection was often negated in practice. Blacks could not testify against Whites in court, and slaves commonly faced punishments such as whipping at the owner's discretion.
In summary, the Constitution of the Republic of Texas took several measures to protect the right to own slaves. It excluded non-whites from citizenship and land ownership, established the legal status of slaves as property, regulated emancipation, protected the rights of slave owners, and fell short of providing meaningful protections for slaves themselves. These provisions reflected the social and economic ideals of the time and solidified the institution of slavery in Texas, despite opposition from Mexican leaders.
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Prohibited non-white citizenship
The Constitution of the Republic of Texas was the supreme law of Texas from 1836 to 1845. It was included with the declaration of independence, modelled after the US Constitution, and formed a unitary republic.
The Texas Constitution explicitly prohibited "Indians" and "Africans" from citizenship and from living freely in the country. It stated that "Africans, the descendants of Africans, and Indians shall not be considered citizens of the republic." This was accompanied by a protection of the right to own slaves.
The Constitution also outlined that the head of a family, except for "Africans, the descendants of Africans, and Indians", was entitled to one league and labour of land. Every man at least seventeen was entitled to one-third of a league of land.
The Constitution established the three branches of government: legislative, executive, and judicial. It defined the legislative branch as a Senate and House of Representatives, to be called The Congress of the Republic of Texas.
The President of the Republic of Texas had a three-year term and could not serve another consecutive term, based on provisions in the Mexican Constitution.
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Annexed Texas to the United States
The Constitution of the Republic of Texas was the supreme law of Texas from 1836 to 1845. It was written by George Childress and modelled after the United States Constitution. The Texas Constitution formed a unitary republic, with a President who served a three-year term and could not be re-elected consecutively. It established three branches of government: legislative, executive, and judicial. The legislative branch was defined as a Senate and House of Representatives, to be called The Congress of the Republic of Texas.
The Texas Constitution also protected the right to own slaves and prohibited "Indians" and "Africans" from living freely in the country or becoming citizens. All free, white men were to have equal rights, and freedom of religion was established.
In 1843, U.S. President John Tyler pursued the annexation of Texas to gain a base of support for another term in office. He wished to outmaneuver suspected British diplomatic efforts for the emancipation of slaves in Texas, which would undermine slavery in the United States. Tyler secured a treaty of annexation in April 1844, but it was rejected by the Senate in June by a wide margin.
In February 1845, the Senate approved Texas statehood by a narrow margin. The House of Representatives approved the bill the following day. Texans responded quickly, and President Anson Jones called a special session of Congress to advise him on the matter. On July 4, 1845, Texas delegates voted to accept annexation. On October 13, 1845, Texans went to the polls, approving an annexation ordinance and a new constitution.
On December 29, 1845, U.S. President James K. Polk signed the annexation bill, and Texas was admitted to the Union as the 28th state. Texas formally joined the Union on February 19, 1846, prompting the Mexican-American War in April.
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Frequently asked questions
The Constitution of the Republic of Texas was the first Anglo-American constitution to govern Texas. It was written by 59 delegates who met at Washington-on-the Brazos on March 1, 1836, and was based on the US Constitution.
The constitution formed a unitary republic, with a three-year, non-renewable presidential term. It established three branches of government: legislative, executive, and judicial. It also protected the right to own slaves and prohibited "Indians" and "Africans" from becoming Texan citizens.
The Constitution of the Republic of Texas was the supreme law of Texas from 1836 to 1845. In 1845, Texas was admitted into the Union and became a state.
