Omar Bennett
The Texas Constitution of 1876 is the sixth constitution by which Texas has been governed since its independence from Mexico in 1836. The document was framed by the Constitutional Convention of 1875 and adopted on February 15, 1876, by popular vote. The Texas Constitution of 1876 was drafted during a tumultuous time for Texas, following the US Civil War and the state's secession from the Union in 1861. The constitution was designed to undo the acts of the Radical Republicans in Washington, who were in charge of Reconstruction in the South, and it reflected the lack of faith in the government that the delegates had formed during the Reconstruction years.
| Characteristics | Values |
|---|---|
| Constitution Number | Sixth constitution by which Texas has been governed |
| Adoption Date | February 15, 1876 |
| Adoption Vote | 136,606 to 56,652 |
| Amendments | 498 (as of 2017) |
| Length | 389 sections (as of 2023) |
| Powers | Only those powers explicitly granted to it by its Constitution |
| Public Opinion | Reflected public opinion in Texas at its time of drafting |
| Homestead Grants | 160 acres to heads of families and 80 acres to single men 18 or older |
| Railroads | Declared common carriers, forbidden consolidation, and authorized the legislature to enact regulatory laws |
| Banking | Prohibited the state from chartering banks |
| Suffrage | Revamped the basic requirements |
| Governance | Precisely defined the rights, powers, and prerogatives of governmental departments and agencies |
| Education | Removed limitations and permitted expansion of the public school system |
| Finance | Altered to permit new expenditure programs and exploitation of new revenue sources |
| Officials | Reduced the power, salaries, and terms of office for officials |
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What You'll Learn
- The Texas Constitution of 1876 was drafted by a convention of seventy-five Democrats and fifteen Republicans
- It reflected public opinion, including the lack of faith in the government after Reconstruction
- It complied with public opinion by slashing the power, salaries, and terms of office of officials
- It provided for homestead grants of 160 acres to family heads and eighty acres to single men over eighteen
- It prohibited the state from chartering banks but allowed the legislature to establish other private corporations
The Texas Constitution of 1876 was drafted by a convention of seventy-five Democrats and fifteen Republicans
The Texas Constitution of 1876 is the sixth constitution by which Texas has been governed since it achieved independence from Mexico in 1836. It was drafted by a convention of seventy-five Democrats and fifteen Republicans, including six Black members. The convention was convened on September 6, 1875, and the constitution was adopted on February 15, 1876, by a vote of 136,606 to 56,652.
The Texas Constitution of 1876 replaced the unpopular Constitution of 1869, which had been drafted during the Reconstruction period under the highly centralized and relatively autocratic administration of Governor Edmund J. Davis and his Radical Republicans. The Democrats regained control of both the legislative and executive branches of the government in 1874 and determined to replace the 1869 Constitution.
The Constitutional Convention of 1875 was composed primarily of farmers and members of the Patrons of Husbandry (The Grange), a militant farmers' organization established in response to the Panic of 1873. The Grange members acted as a bloc in support of conservative constitutional measures. The convention aimed to assure that the government would be responsive to public will by precisely defining the rights, powers, and prerogatives of the various governmental departments and agencies.
The Texas Constitution of 1876 contains some provisions that are unique to Texas, reflecting the state's unusual history and influences. These include sections dealing with land titles, debtor relief, judicial procedures, marital relations and adoption, and water and mineral rights. The constitution also prohibited the state from chartering banks and mandated the legislature to enact general laws for the establishment of private corporations other than banks, providing protection for the public and individual stockholders.
The Constitution of 1876 also made significant changes to the education system, authorizing the legislature to levy a poll tax to support public free schools and setting aside proceeds from land grants and public land sales to fund education. Overall, the constitution reflected the lack of faith in the government that the delegates had formed during the Reconstruction years.
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It reflected public opinion, including the lack of faith in the government after Reconstruction
The Texas Constitution of 1876 reflected the public opinion of the time, including the lack of faith in the government after Reconstruction. This was due to the tumultuous period in Texas history following the Civil War and the state's secession from the Union in 1861. After the Confederacy was defeated, Texas was required to adopt a new constitution to rejoin the Union. The resulting Constitution of 1866 did not satisfy the Radical Republicans in Washington, who were in charge of Reconstruction in the South, and so another constitutional convention was called in 1868.
The 1868 convention ended without completing a new constitution, but the provisions that were passed were bundled together and submitted to an election, becoming the Constitution of 1869. This document was highly controversial, and by 1875, the Democrats had regained power in Texas. They took the opportunity to undo the acts of the Radical Republicans and wrote a new constitution, which became the Constitution of 1876. This constitution reflected the delegates' lack of faith in the government that had formed during the Reconstruction years.
The Constitution of 1876 was framed by the Constitutional Convention of 1875 and adopted on February 15, 1876, by a vote of 136,606 to 56,652. It remains the basic organic law of Texas, despite having been amended hundreds of times since its implementation. The document contained provisions that were uniquely Texan, influenced by the state's history, including sections on land titles and land law, debtor relief, judicial procedures, marital relations and adoption, and water and mineral rights.
The Constitution of 1876 also slashed the power, salaries, and terms of office of officials. It provided for homestead grants of land to heads of families and single men over eighteen, and it protected against the forced sale of a homestead for debt. It declared railroads to be common carriers, forbidding their consolidation and further aid in the form of money or bonds. The legislature was authorized to enact regulatory laws, including maximum freight and passenger rates, and to grant railroads public land to promote the construction of new tracks.
Overall, the Constitution of 1876 aimed to assure that the government would be responsive to the public will. It precisely defined the rights, powers, and prerogatives of governmental departments and agencies, and it removed limitations on legislative action. The constitution also revamped basic suffrage requirements, altered the method of chartering municipal corporations, and lengthened the terms of office for many state and local officials.
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It complied with public opinion by slashing the power, salaries, and terms of office of officials
The Texas Constitution of 1876 is the sixth constitution by which Texas has been governed since independence from Mexico was achieved in 1836. It was framed by the Constitutional Convention of 1875 and adopted on February 15, 1876, by a vote of 136,606 to 56,652. Texas still operates under the 1876 constitution today, although it has been amended hundreds of times.
The 1876 Constitution complied with public opinion by slashing the power, salaries, and terms of office of officials. This was a reflection of the lack of faith in the government that the delegates had formed during the Reconstruction years. The convention precisely defined the rights, powers, and prerogatives of the various governmental departments and agencies, including many details generally left to the legislature. This ensured that the government would be responsive to the public will.
The 1876 Constitution also contained provisions that were uniquely Texan, many of which were products of the state's unusual history. Some, for example, could be traced to Spanish and Mexican influence, including sections dealing with land titles and land law, debtor relief, judicial procedures, marital relations and adoption, and water and other mineral rights. Other atypical provisions could be attributed to the influences of Jacksonian agrarianism and frontier radicalism, which were prevalent when Texas first became a state.
The 1876 Constitution also made changes to the legislature, judiciary, public education, and the state's financial system. It relieved some of the burdens of detail imposed on the governor's office, revamped basic suffrage requirements, altered the method of chartering municipal corporations, and established an ever-growing number of specifically allocated funds in the state treasury. Overall, the Constitution of 1876 was designed to address the specific needs and concerns of the people of Texas at the time.
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It provided for homestead grants of 160 acres to family heads and eighty acres to single men over eighteen
The Texas Constitution of 1876 was drafted by the Constitutional Convention of 1875 and adopted on February 15, 1876. It remains the basic organic law of Texas, despite being amended hundreds of times.
One of the most notable features of the Texas Constitution of 1876 was its provision for homestead grants. This provision offered 160 acres of land to heads of families and 80 acres to single men over the age of eighteen. This was a significant incentive for individuals and families to establish themselves in Texas and cultivate the land.
The homestead grants were not without restrictions, however. Recipients were protected against the forced sale of their homesteads for debt. This provision ensured that individuals and families could maintain their land ownership even if they fell into debt.
The Texas Constitution of 1876 also included provisions that were uniquely Texan and influenced by the state's history, culture, and ideologies. These provisions covered a range of topics, including land titles, debtor relief, judicial procedures, marital relations, and water and mineral rights.
Overall, the Constitution of 1876 reflected the public opinion of Texans at the time, including their lack of faith in the government due to the turbulent Reconstruction years following the Civil War. The document also addressed other aspects such as legislative powers, the judiciary, public education, and the state's financial system.
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It prohibited the state from chartering banks but allowed the legislature to establish other private corporations
The Texas Constitution of 1876 is the sixth constitution by which Texas has been governed since it achieved independence from Mexico in 1836. The document was framed by the Constitutional Convention of 1875 and adopted on February 15, 1876, by a vote of 136,606 to 56,652. Texas still operates under the 1876 constitution today, although it has been amended hundreds of times.
An important feature of the Constitution of 1876 was that it prohibited the state from chartering banks but allowed the legislature to establish other private corporations. This was part of a broader effort to promote the construction of new track, as the document authorized the legislature to grant railroads sixteen sections of public land for each mile of road constructed. However, it prohibited the consolidation of railroads and further aid in the form of money or bonds. Instead, it mandated the legislature to enact general laws for the establishment of private corporations other than banks, ensuring adequate protection for the public and individual stockholders.
The inclusion of this feature in the Constitution of 1876 reflected the public opinion in Texas at the time of its drafting. The constitution aimed to address the concerns of Texans following the tumultuous period of Reconstruction. The previous Constitution of 1869 was considered controversial and was not accepted by a large number of Texans, particularly the more radical provisions. The 1875 Constitutional Convention, composed primarily of conservative farmers and members of the Patrons of Husbandry (The Grange), worked to create a new document that reflected their conservative values and lack of faith in the government.
The Constitution of 1876 also included provisions that were uniquely Texan, influenced by the state's unusual history and the diverse cultural influences of Spain, Mexico, Jacksonian agrarianism, and frontier radicalism. These provisions covered a range of topics, including land titles, land law, debtor relief, judicial procedures, marital relations, adoption, and water and mineral rights. Overall, the Constitution of 1876 sought to address the specific needs and concerns of Texans while also promoting economic development and protecting the rights of citizens.
The impact of the Constitution of 1876 extended beyond its immediate implementation. Over the years, the document has been amended numerous times to adapt to changing circumstances and address its highly restrictive nature. By 2017, the legislature had proposed 673 constitutional amendments, of which 491 were approved by the electorate. Despite these amendments, the Constitution of 1876 remains the basic organic law of Texas, shaping the state's governance and reflecting the values of its people.
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Frequently asked questions
The Texas Constitution of 1876 is the sixth constitution by which Texas has been governed since it achieved independence from Mexico in 1836. It was framed by the Constitutional Convention of 1875 and adopted on February 15, 1876, and remains the basic organic law of Texas.
The Texas Constitution of 1876 contained provisions that were unique to the state, influenced by its history, Spanish and Mexican influence, Jacksonian agrarianism, and frontier radicalism. It slashed the power, salaries, and terms of officials, provided for homestead grants, prohibited the forced sale of homesteads for debt, and declared railroads to be common carriers. It also contained provisions related to land titles, land law, debtor relief, judicial procedures, marital relations, adoption, and mineral rights.
The Texas Constitution of 1876 has been amended hundreds of times since its creation. As of 2017, the legislature had proposed 673 constitutional amendments, of which 491 were approved by the electorate and 179 were defeated. The constitution is considered one of the most disorganized and confusing state constitutions due to its highly restrictive nature, and there have been multiple attempts to draft a new constitution or significantly revise the existing one.
