Jonah Patel
The Texas Constitution of 1876 is the sixth constitution by which Texas has been governed since its 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 constitution contains several provisions, including biennial sessions of the legislature, low salaries for public officials, precinct voting, abolition of the road tax, a homestead exemption clause, guarantees of a low tax rate, a less expensive court system, and the popular election of officers. It also prohibited the registration of voters and grants of money or bonds to railroads. The 1876 Constitution reflected the lack of faith in the government held by the delegates who had formed it during the Reconstruction years.
Another constitution that emerged in 1876 was the Spanish Constitution, which aimed to provide stability after the Spanish Revolution of 1868 and the Second Carlist War. It marked a compromise between liberal and conservative ideologies, establishing a parliamentary system with a limited monarchy. The constitution introduced a bicameral legislature and suffrage linked to property ownership, while also guaranteeing certain individual rights.
| Characteristics | Values |
|---|---|
| Legislative sessions | Biennial |
| Public official salaries | Low |
| Voting | Precinct |
| Taxes | Abolished road tax |
| Schools | Segregated |
| Courts | Less expensive |
| Voting registration | Prohibited |
| Land titles | Sections dealing with land titles |
| Law enforcement | Statewide law enforcement |
| Judiciary | Sweeping changes |
| Suffrage | Revamped basic requirements |
| Monarchy | Limited |
| Clerical salaries | Paid by the state |
| Suffrage | Linked to property ownership |
| Legislature | Bicameral |
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What You'll Learn
The Texas Constitution of 1876
The Constitution of 1876 abolished the office of state superintendent and founded a board of education composed of the governor, comptroller, and secretary of state. It eliminated compulsory attendance, provided for segregated schools, and made no provision for local school taxes. It also established the University of Texas and made Texas A&M a branch of it. The constitution further required the legislature to establish an institution of higher education for the instruction of Black youth in the state. To support these educational institutions, the constitution set aside one million acres of the public domain, with all sales and proceeds going towards a Permanent University Fund.
The 1876 Constitution also contains provisions dealing with land titles and land law, debtor relief, judicial procedures, marital relations and adoption, and water and other mineral rights. It altered provisions relating to the state's financial system, allowing for the adoption of new expenditure programs and the exploitation of new revenue sources. It revamped basic suffrage requirements, altered the method of chartering municipal corporations, and lengthened the term of office for many state and local officials.
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Restrictions on state government
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, and it remains the basic organic law of Texas. The constitution contains some provisions that are uniquely Texan, many of which are products of the state's unusual history. Some, for example, may be traced to Spanish and Mexican influence.
The Constitution of 1876 is believed to restrict the state government and hand the power back to the people. It imposed several limitations on state authority, fragmented executive power, and restricted the legislature's ability to act outside narrow boundaries. It provided for biennial sessions of the legislature, low salaries for public officials, precinct voting, abolition of the road tax, and a return to the road-working system. It also made provisions for a homestead exemption clause, guarantees of a low tax rate, a less expensive, locally controlled, segregated school system, and a less expensive court system. It also prohibited the registration of voters and grants of money or bonds to railroads.
The Constitution of 1876 also made provisions for public education and the state's financial system. It abolished the office of state superintendent, founded a board of education composed of the governor, comptroller, and secretary of state, eliminated compulsory attendance, provided for segregated schools, and made no provision for local school taxes. It also required the legislature to establish an institution of higher education for the instruction of the Black youth of the state.
The Constitution of 1876 also contained provisions that are uniquely Texan and may be attributed to the twin influences of Jacksonian agrarianism and frontier radicalism. These provisions include sections dealing with land titles and land law in general, debtor relief, judicial procedures, marital relations and adoption, and water and other mineral rights.
Due to its tight restrictions, the Texas Constitution of 1876 has had to be amended hundreds of times and is now considered one of the most disorganized and confusing of all state constitutions. In 1974, a constitutional convention met to draft a modern document, but the attempt ended in failure.
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Provisions for former slaves
The Constitution of 1876 is the sixth constitution by which Texas has been governed since it gained independence from Mexico 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 Constitution of 1876 contains several provisions for former slaves. Firstly, it provided for the establishment of the University of Texas and required the legislature to establish an institution of higher education for the instruction of the Black youth of the state. To support these educational endeavours, the constitution set aside one million acres of the public domain, with all sales and proceeds going towards a Permanent University Fund.
Secondly, the 1876 Constitution included a Declaration of Rights, which contained seventeen provisions that formed the basis of the Texas Bill of Rights in future constitutions. While the Texas Bill of Rights includes many rights similar to those found in the U.S. Bill of Rights, it is more detailed and contains some unique provisions. Importantly, it provides protections solely for actions by the Texas government, whereas the U.S. Constitution applies protections to state governments through the Due Process Clause of the Fourteenth Amendment.
Thirdly, the 1876 Constitution addressed the issue of suffrage and voting rights for former slaves. While the exact provisions are unclear, it seems that the constitution sought to limit Black equality, education, and suffrage, which proved unpopular with ex-Confederates. This was a dominant theme in the constitutions of 1869 and 1876, with the latter being more heavily influenced by ex-Confederates seeking to restore local control and reduce government spending.
Finally, the 1876 Constitution abolished the office of state superintendent and founded a board of education composed of the governor, comptroller, and secretary of state. It eliminated compulsory attendance, provided for segregated schools, and made no provision for local school taxes. These provisions reflect the theme of allegiance to the United States and acceptance of the Thirteenth Amendment, which abolished slavery, and the Fourteenth Amendment, which granted citizenship and equality before the law.
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Suffrage requirements
The Constitution of 1876 is the sixth constitution by which Texas has been governed since independence from Mexico in 1836. The document contains several provisions that are unique to Texas, influenced by the state's history, and the principles of Jacksonian democracy. Suffrage requirements, which are outlined in Article VI, have been revamped, and the constitution also includes a series of articles noting the increase in urban areas and the need to provide services through local governments.
In the 18th century, suffrage in the Thirteen Colonies was restricted to European men with specific property qualifications. By the late 18th century, when the United States Constitution was ratified, most states had property qualifications that restricted the franchise, with more than half of white men disenfranchised. However, a small number of free Blacks were among the voting citizens in some states. The Fourteenth Amendment, ratified in 1868 after the Civil War, granted citizenship to all persons born or naturalized in the United States. The Fifteenth Amendment, ratified in 1869, prohibited denying the right to vote based on "race, color, or previous condition of servitude."
The Constitution of 1876 in Texas reflected the public opinion of the state at the time of its drafting. The document included provisions influenced by the drive to limit Black equality, education, and suffrage, as well as opposition to taxes required for statewide law enforcement and education. It also included sections dealing with land titles and land law, debtor relief, judicial procedures, marital relations and adoption, and water and other mineral rights.
The specific suffrage requirements outlined in the Constitution of 1876 for Texas are not explicitly stated in the sources. However, it is mentioned that the constitution prohibited those who had participated in duels from voting or holding office. Additionally, the constitution reflected the principles of Jacksonian democracy, which advocated for the expansion of suffrage to all White men, not just those who owned property.
Since the Constitution of 1876, Texas's constitution has been amended hundreds of times, with 216 new sections added and 66 original sections removed. The Texas Legislative Council's Amendments to the Texas Constitution Since 1876 details these changes.
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Judicial procedures
The Constitution of 1876 is the sixth constitution by which Texas has been governed since its independence from Mexico 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. It remains the basic organic law of Texas.
The constitution contains some provisions that are unique to Texas, many of which are products of the state's unusual history. Some of these may be traced to Spanish and Mexican influence, including sections dealing with land titles and land law, debtor relief, marital relations and adoption, and water and other mineral rights.
The Constitution of 1876 includes provisions related to judicial procedures, which are outlined in Article V: Judicial Department. While the specific details of these procedures are not provided, it is mentioned that the changes in the article on the judiciary have been significant, resulting in an almost complete rewrite of the article. The constitution's focus on frontier justice and practical realities is reflected in its provisions.
The 1876 Constitution aimed to address the challenges of implementing the law and administering justice in a vast and sparsely populated state with diverse inhabitants, including tribes such as the Comanche. This context allowed for individuals to take matters into their own hands, and the legal system accommodated this reality.
One notable provision in the original 1876 Constitution was the prohibition of those who had participated in duels from holding office or voting, as outlined in Section 4 of Article 16: General Provisions. Additionally, Section 20 of the Bill of Rights prohibited the practice of "outlawry," stating that "no citizen shall be outlawed." This provision removed certain individuals from legal protection, effectively allowing anyone to punish them.
The Constitution of 1876 has undergone numerous amendments over the years, with 216 new sections added and 117 sections removed (including original and previously added sections). The specific amendments related to judicial procedures may be found in the detailed records of the changes to the constitution.
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Frequently asked questions
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.
The Texas Constitution of 1876 contains provisions that are uniquely Texan, many of which are products of the state's unusual history. These include sections dealing with land titles and land law, debtor relief, judicial procedures, marital relations and adoption, and water and other mineral rights. The document also provided for biennial sessions of the legislature, low salaries for public officials, precinct voting, abolition of the road tax, and a return to the road-working system.
The Texas Constitution of 1876 altered provisions relating to public education, removing original limitations and permitting the expansion of the public school system. It abolished the office of state superintendent, founded a board of education composed of the governor, comptroller, and secretary of state, eliminated compulsory attendance, provided for segregated schools, and made no provision for local school taxes. The constitution also provided for the establishment of the University of Texas and required the legislature to establish an institution of higher education for the instruction of the Black youth of the state.
The Texas Constitution of 1876 restricted the state government and handed power back to the people. It removed existing limitations on legislative action, revamped basic suffrage requirements, altered the method of chartering municipal corporations, lengthened the term of office for many state and local officials, and established an ever-growing number of specifically allocated funds in the state treasury.
The Texas Constitution of 1876 prohibited those who had participated in duels from voting or holding office and prohibited the practice of "outlawry," stating, "no citizen shall be outlawed." It also explicitly allowed for keeping and bearing arms for self-defense. The constitution also contains provisions regarding impeachment, including the grounds on which judges can be impeached, with the House of Representatives granted the power of impeachment.
