Simone Lawson
The Constitution of the Republic of Texas (1836) was the first Anglo-American constitution to govern Texas. It was drafted by 59 delegates who assembled at Washington-on-the-Brazos on March 1, 1836, and was ratified by a vote of the people of the republic on the first Monday in September 1836. The constitution contained several important provisions, including those relating to land, slavery, citizenship, and the legal system. It also established a four-tiered judiciary system and guaranteed that all white males could vote. The document was a product of the social, economic, and political conditions of the time, as well as the constitutional and legal heritage of Texas and the United States.
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What You'll Learn
The defence of slavery
The Constitution of 1836, also known as the Constitution of the Republic of Texas, was important in defending slavery as an economic and political institution. While it outlawed the importation of enslaved people from Africa, it allowed slave owners to retain their human property and enabled new slave-owning immigrants to bring enslaved people into Texas. This constitutional protection was significant, as it not only preserved slavery in Texas but also facilitated its expansion.
The 1836 Constitution's defence of slavery can be understood in the context of Texas's political landscape at the time. Political instability in Mexico during the late 1820s and early 1830s weakened the protections of the federal and state constitutions that Texans had previously lived under. This instability contributed to Texas's move towards independence and the creation of a new constitutional regime rooted in American political and cultural values.
The framers of the 1836 Constitution believed that concessions on slavery were necessary to gain the support of southern delegates for a strong central government. They were concerned that if the Constitution restricted the slave trade, states like South Carolina and Georgia would refuse to join the Union. As a result, they chose to sidestep the issue of slavery, setting the stage for future conflicts.
The 1836 Constitution's defence of slavery had significant consequences. In 1836, Texas had a population of 5,000 enslaved people out of a total population of 38,470. By 1860, the number of enslaved people in Texas had skyrocketed to more than 182,566, comprising over 30% of the state's population. It took a Civil War and constitutional amendments, notably the Thirteenth Amendment, to finally abolish slavery and end the tragic legacy of racial inequality that persisted long after.
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Land rights and ownership
The 1836 Constitution of the Republic of Texas contained several provisions related to land rights and ownership. These provisions reflected the values of American democracy and sought to address issues related to land ownership and distribution in the newly formed republic.
One key provision guaranteed that all white males who were citizens or immigrants could vote and were entitled to all the privileges of citizenship. This included the right to own land, which was a significant incentive for immigration and settlement in the new republic. The constitution also provided protections for the rights of settlers and occupants of land, stating that "in all cases, the actual settler and occupant of the soil shall be entitled, in locating his land, to include his improvement, in preference to all other claims not acquired previous to his settlement, according to the law of the land and this Constitution". This provision aimed to minimise disputes over land ownership and provide security for settlers.
The constitution also addressed the distribution of land to citizens, stating that "all citizens now living in Texas, who have not received their portion of land, in like manner as colonists, shall be entitled to their land in the following proportion and manner: Every head of a family shall be entitled to one league and labour of land, and every single man of the age of seventeen and upwards, shall be entitled to the third part of one league of land". This provision ensured that citizens were granted land in a fair and equitable manner.
Additionally, the constitution included provisions related to mineral rights, which would have a complicated history in Texas in the nineteenth and twentieth centuries. The original constitution stated that Texas retained ownership of all minerals under the ground, even as land grants provided for individual ownership of the land itself. However, later constitutions replaced these original mineral rights provisions, leading to the development of the oil and natural gas industry in Texas.
The 1836 Constitution also contained provisions related to homestead protections, debtor relief, and the right to a speedy and public trial by an impartial jury in cases involving land disputes. These provisions sought to protect the property rights of citizens and ensure due process in legal proceedings involving land ownership and use.
Overall, the land rights and ownership provisions of the 1836 Constitution of the Republic of Texas played a significant role in shaping the distribution and ownership of land in the new republic. These provisions reflected the values of American democracy and sought to provide security and fairness in land ownership and distribution.
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Citizenship
The Constitution of the Republic of Texas (1836) was the first Anglo-American constitution to govern Texas. It was drafted by 59 delegates who assembled at Washington-on-the-Brazos on March 1, 1836, and was ratified by a vote of the people of the republic on the first Monday in September 1836. The constitution included provisions on citizenship, which were detailed and direct.
Firstly, the constitution outlined that "all free white persons" who emigrated to the Republic of Texas and resided there for at least six months could become citizens. These individuals were required to swear an oath of allegiance to the republic and support the constitution. This provision ensured that new immigrants could gain the privileges of citizenship, fostering a sense of inclusion and participation in the young republic.
Secondly, the constitution specifically addressed the issue of slavery and its impact on citizenship. It stated that "no free person of African descent" could permanently reside in the republic without the consent of Congress. Additionally, the importation of enslaved people from Africa was prohibited, while slaveowners' property rights over enslaved people were guaranteed. This provision reflected the economic and political importance of slavery at the time and ensured that slavery would continue to shape Texas's social fabric.
Thirdly, the constitution recognised the rights of certain groups, such as those residing in Texas on the day of the Declaration of Independence. These individuals, including "Africans, the descendants of Africans, and Indians", were considered citizens and entitled to the privileges of citizenship. This provision acknowledged the diverse population of Texas and granted them legal rights and protections.
Furthermore, the constitution included provisions related to land ownership and its connection to citizenship. Citizens who had not received their land grants were guaranteed specific portions of land based on their family status. This connection between land ownership and citizenship rights was a significant aspect of the republic's foundation and development.
Lastly, the constitution outlined certain restrictions on citizenship. For example, ministers and priests were declared ineligible to hold public office, and individuals who evaded participation in the struggle against Mexico or aided the enemy would forfeit their rights of citizenship. These provisions ensured that citizenship came with certain responsibilities and expectations of loyalty to the republic.
In summary, the citizenship provisions within the 1836 Constitution of the Republic of Texas played a crucial role in shaping the young republic's social, political, and economic landscape. They defined who could become citizens, addressed the complexities of slavery, recognised diverse populations, linked land ownership with citizenship rights, and outlined restrictions and responsibilities associated with citizenship. These provisions reflected the values and priorities of the time and contributed to the unique character of Texas as it navigated its path towards independence and self-governance.
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Separation of powers
The Constitution of the Republic of Texas (1836) was the first Anglo-American constitution to govern Texas. It was drafted by a convention of fifty-nine delegates who assembled at Washington-on-the-Brazos on March 1, 1836. The constitution was modelled after the United States Constitution and contained provisions that reflected the social and economic conditions of the time.
One of the most important aspects of the 1836 Constitution was its separation of powers into three branches: legislative, executive, and judicial. This was in line with the American model of governance, with a legislature consisting of the Senate and the House of Representatives, an executive resembling the American presidency, and a four-tiered judiciary system. The constitution also included checks and balances to ensure no single branch held too much power.
The separation of powers in the 1836 Constitution was designed to provide a system of governance that was familiar to the predominantly Anglo-American settlers in Texas. By adopting a similar structure to the United States Constitution, the Texas Constitution provided a sense of continuity and familiarity for its citizens. This was particularly important given the political instability in Mexico during the early 1830s, which had undermined the protections offered by the Mexican Constitution of 1824 and the state constitution of 1827.
The separation of powers in the 1836 Constitution also reflected the desire of the framers to limit the power of the government. By dividing the powers among different branches, the constitution aimed to prevent the concentration of power in a single branch and protect the rights and liberties of the citizens. This was particularly important given the generous grants of power given to state officials, especially the chief executive, in the constitution.
The separation of powers in the 1836 Constitution also allowed for a more efficient and effective governance. By dividing the responsibilities among different branches, each branch could focus on its specific duties and expertise. This helped to ensure that laws were created, executed, and interpreted in a more specialised and efficient manner. Additionally, the separation of powers provided a system of checks and balances, where each branch could hold the other branches accountable and prevent the abuse of power.
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Judicial system
The 1836 Constitution of the Republic of Texas contained several provisions related to the judicial system. One key aspect was its defence of slavery, guaranteeing slaveowners the right to keep enslaved people as property and allowing new slaveowning immigrants to bring enslaved people into Texas. This had a significant impact on the state's population, with the number of enslaved people in Texas increasing from 5,000 in 1836 to over 182,566 by 1860.
The 1836 Constitution also included provisions regarding citizenship and land ownership. It outlined the requirements for free white persons to become citizens of the Republic of Texas and outlined land grants and allocations for citizens. Additionally, it adapted important provisions from Spanish-Mexican law, such as the concept of community property in marriage and homestead protections during bankruptcy proceedings.
In terms of the structure of the judicial system, the 1836 Constitution of Arkansas vested the judicial power of the state in one Supreme Court, Circuit Courts, County Courts, and Justices of the Peace. This marked a change from the previous system, where the Courts of Law and Equity were separate. The 1836 Constitution combined law and equity, with matters of probate heard by the judge of the County Court.
It is worth noting that the Texas Constitution has been amended numerous times to address specific situations not covered in the original document. As of 2022, it has been amended 517 times, making it the second-longest state constitution in the United States.
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Frequently asked questions
The 1836 Constitution of the Republic of Texas was the first Anglo-American constitution to govern Texas. It was a revolutionary document that defended slavery and guaranteed that slave owners could keep enslaved people as property. This was one of the most important aspects of the Constitution, at least from the perspective of newly immigrated Americans from the South.
The 1836 Constitution also included provisions relating to land, which sought to protect the rights of people in the unoccupied lands of the republic. It also adapted important provisions from Spanish-Mexican law, including the idea of community property, homestead protections, and debtor relief.
The 1836 Constitution was influenced by the social and economic conditions of the time, as well as the constitutional and legal heritage of Texas, the southern and western states, and the United States. It resembled the American presidency and the four-tiered judiciary system. It also adapted some provisions from Spanish-Mexican law and English common law.
Amendments to the 1836 Constitution could be proposed in the House of Representatives or the Senate. If agreed to by a majority in both houses, they would be entered into the journals and referred to the next Congress. If passed by a two-thirds vote in both houses of the next Congress, the amendments would then be submitted to the people for ratification. If ratified by a majority of qualified electors, the amendments would become part of the Constitution.
