Simone Lawson
The Texas Constitution of 1836 was the first Anglo-American constitution to govern Texas, establishing it as a separate republic independent from Mexico. The constitution 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. It was a short document, modelled after the United States Constitution, and included provisions for an elected chief executive, a bicameral legislature, and a four-tiered judicial system. The constitution also protected the right to own slaves and prohibited Indians and Africans from becoming Texan citizens. It remained in effect until Texas joined the United States in 1845.
| Characteristics | Values |
|---|---|
| Purpose | To form a government, establish justice, ensure domestic tranquility, provide for the common defence and general welfare, and secure liberty |
| Basis | United States Constitution, Mexican Constitution of 1824, and constitutions of several southern states |
| Territory | Claimed territory included eastern half of New Mexico, the panhandle of Oklahoma, the southwestern corner of Kansas, large areas in the south and west of Colorado, and a small part of southern Wyoming |
| Branches of Government | Legislative, Executive, and Judicial |
| Legislature | Bicameral, comprising the Senate and the House of Representatives |
| Executive | Resembled the American presidency, with the President as commander-in-chief of the army and navy |
| Judiciary | Four-tiered system, comprising justice, county, district, and supreme courts |
| Voting Rights | Male citizens aged 21 and above, who had been in Texas for at least six months |
| Citizenship | All free white persons who lived in the Republic for six months could take an oath to become citizens |
| Land Grants | Heads of families were guaranteed one league and one labor of land; single men over 17 were assured of one-third of a league of land; orphan children were given property rights |
| Prohibitions | Imprisonment for debt, monopolies, primogeniture, and entailment |
| Term Limits | Representatives had one-year terms; some judges had four-year terms; the President had a three-year term with no consecutive reelection |
| Slavery | Protected the right to own slaves, but prohibited "Indians" and "Africans" from citizenship |
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What You'll Learn
To establish a government
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 was designed to establish a government and included the following provisions:
- The constitution affirmed "that all laws now in force in Texas... shall remain in full force."
- A citizen who had not received his land grant was guaranteed "one league and one labor of land" if they were the head of a family. Single men over seventeen years were assured of "the third part of one league of land".
- Orphan children "whose parents were entitled to land" were declared eligible for all property rights of their deceased parents.
- The constitution sought to void all "unjust and fraudulent claims."
- Ministers and priests were declared ineligible to hold public office.
- Imprisonment for debt was abolished, and monopolies, primogeniture, and entailment were prohibited.
- The constitution included provisions for community property, homestead exemptions and protections, and debtor relief, adapted from Spanish-Mexican law.
- The constitution established an elected chief executive with considerable powers, a bicameral legislature, and a four-tiered judicial system composed of justice, county, district, and supreme courts.
- Power was divided among the three branches of government (legislative, executive, and judicial), with a system of checks and balances between them.
- The legislature consisted of the Senate and the House of Representatives, known as the Congress of the Republic of Texas.
- The President of the Republic of Texas had a three-year term and could not serve consecutive terms, based on provisions in the Mexican Constitution.
- The constitution defined voting qualifications and procedures, stating that any male citizen over the age of 21 who had been in Texas for six months could vote.
- The constitution included a bill of rights and complicated procedures for amendments.
- The constitution protected the right to own slaves and prohibited "Indians" and "Africans" from becoming Texan citizens.
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To establish a republic
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 was written during the Texas Revolution, and the ever-present threat of attack by Mexican cavalry meant that the delegates had to work quickly. As a result, large sections of the United States Constitution were incorporated, along with Mexican law and several contemporary state constitutions. The constitution was also influenced by the ideas of John Locke and Thomas Jefferson, and the desire to protect the rights and liberties of Texans, as well as the republican principles articulated in the Mexican Constitution of 1824.
The 1836 Constitution established an elected chief executive with considerable powers, a bicameral legislature, and a four-tiered judicial system composed of justice, county, district, and supreme courts. Power was divided among the three branches of government (legislative, executive, and judicial), with a system of checks and balances between them.
The constitution also included a schedule, general provisions, and a declaration of rights. The schedule affirmed that all laws then in force in Texas would remain in full force. The general provisions guaranteed land grants to citizens who met certain criteria, such as being the head of a family or a single man over the age of seventeen. The declaration of rights included a bill of rights, voting qualifications and procedures, and the establishment of a system of public education.
Overall, the Texas Constitution of 1836 played a crucial role in establishing the Republic of Texas and ensuring the rights and liberties of its citizens.
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To protect rights and liberties
The Texas Constitution of 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 was written in the midst of the Texas Revolution, and the ever-present threat of attack by Mexican cavalry stifled originality in the document. As a result, the delegates borrowed heavily from the United States Constitution and several contemporary state constitutions.
The Texas Constitution of 1836 established an elected chief executive with considerable powers, a bicameral legislature, and a four-tiered judicial system composed of justice, county, district, and supreme courts. Power was divided among the three branches of government (legislative, executive, and judicial), with a system of checks and balances between them.
The constitution included a Bill of Rights and sought to protect the rights and liberties of Texans. It affirmed that all laws in force in Texas at the time would remain in full force. It also guaranteed land grants to citizens who had not received them, including heads of families, single men over seventeen, and orphan children. The constitution sought to void all "unjust and fraudulent claims". It also included provisions for the introduction of English common law, which was to be used in deciding all criminal cases.
The Texas Constitution of 1836 also protected the right to own slaves and prohibited "Indians" and "Africans" from living freely in the country or becoming Texan citizens. It included complicated procedures for amendments and defined voting qualifications and procedures. Only white male citizens over the age of 21 who had been in Texas for at least six months could vote. Ministers and priests were declared ineligible to hold public office.
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To establish laws, duties, and rights
The Texas Constitution of 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 was the supreme law of Texas from 1836 to 1845.
The constitution was drafted during the Texas Revolution, and the ever-present threat of attack by Mexican cavalry meant that the delegates lifted portions of the document from the United States Constitution and several contemporary state constitutions. The Texas Constitution of 1836 established laws, duties, and rights, including:
- The three branches of government: legislative, executive, and judicial.
- A bicameral legislature, consisting of a Senate and a House of Representatives, to be called The Congress of the Republic of Texas.
- The legislative branch was to be chosen annually, on the first Monday of September each year, and members were to hold their offices for one year from the date of their election.
- The executive branch resembled the American presidency, with the President of the Republic of Texas having a three-year term and unable to serve another consecutive term, based on provisions in the Mexican Constitution.
- The judiciary system was four-tiered, consisting of justice, county, district, and supreme courts.
- The President was to be the commander-in-chief of the army and the navy but did not command them personally without the authorization of Congress.
- Voting qualifications and procedures were defined, with any male citizen over the age of 21 who had been in Texas for at least six months eligible to vote.
- Ministers and priests were declared ineligible to hold public office.
- Imprisonment for debt was abolished, and monopolies, primogeniture, and entailment were prohibited.
- The constitution protected the right to own slaves and prohibited "Indians" and "Africans" from becoming Texan citizens.
- The constitution affirmed that all laws in force in Texas at the time would remain in force.
- It also included provisions adapted from Spanish-Mexican law, such as community property, homestead exemptions, and protections, and debtor relief.
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To establish a system of checks and balances
The Texas Constitution of 1836 was drafted in haste during the Texas Revolution, and it shows in the final document. The constitution was heavily influenced by the United States Constitution, contemporary state constitutions, and Mexican law. It established a system of checks and balances with three branches of government: the legislative, executive, and judicial.
The legislative branch was bicameral, consisting of the Senate and the House of Representatives, which together formed the Congress of the Republic of Texas. Members of the House were required to be at least twenty-five years old, citizens of the republic, and residents of the county or district they represented for at least six months prior to the election. The House was to have between twenty-four and forty members until the population reached 100,000, after which it could have up to one hundred members. The legislative branch was responsible for passing laws and budget appropriations bills.
The executive branch resembled the American presidency, with the President of the Republic of Texas serving as the commander-in-chief of the army and navy. However, the Texas Constitution created a plural executive, sharing power across multiple elected offices. The governor, for example, had the power to veto specific items within budget appropriations bills passed by the legislature.
The judicial branch was complicated, with four types of courts: justice, county, district (the most important), and supreme. Texas judges were elected to their seats, unlike their federal counterparts, who are appointed and serve for life.
The Texas Constitution of 1836 established a system of checks and balances by separating powers across these three branches of government, similar to the United States Constitution. This system was designed to prevent any one branch from having too much power and to protect the rights and liberties of the citizens of the Republic of Texas.
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Frequently asked questions
The Texas Constitution of 1836 was the first governing document of the Republic of Texas after it won independence from Mexico.
The Texas Constitution of 1836 established an elected chief executive with considerable powers, a bicameral legislature, and a four-tiered judicial system composed of justice, county, district, and supreme courts. Power was divided among the three branches, with a system of checks and balances between them.
The Texas Constitution of 1836 was based heavily on the U.S. Constitution, with familiar features such as a short preamble, separation of powers, checks and balances, male suffrage, and a Bill of Rights. It also incorporated elements of Mexican law, including community property, homestead exemptions, and protections, and debtor relief.
The Texas Constitution of 1836 was drafted by a convention of 59 delegates, of whom only 10 had lived in Texas prior to 1830. The declaration of independence was written by George Childress and modeled after the United States Constitution. Lorenzo de Zavala helped in the drafting of the Constitution by designing the flag and serving as vice president.
