Jonah Patel
Texas has had several constitutions throughout its history, owing to its unique path to statehood. The current Texas Constitution, adopted in 1876, is the seventh in the state's history. The previous six were adopted in 1827 (while Texas was still part of Mexico), 1836 (Constitution of the Republic of Texas), 1845 (upon admission to the US), 1861 (at the beginning of the Civil War), 1866 (at the end of the Civil War), and 1869. The first Texas Constitution to provide for a unicameral legislature was the Constitution of Coahuila and Texas, adopted in 1827.
| Characteristics | Values |
|---|---|
| Year | 1827 |
| Government Composition | Unicameral legislature, executive branch, and judicial branch |
| Legislature Composition | 12 deputies, 2 of which were elected by popular vote |
| Executive Branch Composition | Governor and vice-governor |
| Judicial Branch Composition | Courts that could oversee minor cases and crimes |
| State Religion | Catholicism |
| Slavery | Prohibited |
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What You'll Learn
The Constitution of 1824
The executive branch of the 1824 Constitution was led by a governor and vice governor, who were elected for four-year terms by popular vote. The governor could recommend legislation, grant pardons, lead the state militia, and ensure that the laws were obeyed. The vice governor presided over the council and served as the police chief at the capital. The governor appointed a chief of police for each department, and an elaborate plan for local government was established.
The judicial branch of the 1824 Constitution had authority over minor crimes and civil cases. The courts could try cases but could not interpret the law. Misdemeanours were tried by a judge without a jury. Military personnel and ecclesiastics were subject to rules made by their respective orders. Despite being promised in the constitution, trial by jury was never established. The laws were published only in Spanish, which was unreadable for many Anglo-Texans.
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The Republic of Mexico
The Republic of Texas was a short-lived nation that existed from 1836 to 1845, when it was annexed into the United States. The Republic of Texas came into being after the Texas Revolution, when the region of Texas successfully fought for its independence from Mexico. The Texas Revolution was a response to the Mexican government's attempts to assert greater control over Texas and enforce anti-slavery laws, which were met with resistance by American immigrants who had come to outnumber Mexicans in the region.
The Republic of Texas had its own constitution, the Constitution of the Republic of Texas, which was adopted in 1836. This constitution established different rights according to the race and ethnicity of individuals and allowed for the practice of slavery, which had been officially abolished in Mexico in 1829. The Constitution of 1836 also set up a state government with similarities to that of the United States, including a bicameral legislature, an executive branch, and a judicial branch.
Prior to the Texas Revolution, Texas was part of Mexico and was subject to the Mexican Constitution of 1824, which provided for a federal republic with sovereignty vested in the states. The 1824 Constitution allowed each state in the republic to frame its own constitution, and in 1827, the combined state of Coahuila and Texas wrote their own constitution, which provided for a unicameral legislature composed of twelve deputies, two of whom were elected by popular vote. However, many Texans ignored provisions in this constitution that required Catholicism as the state religion and prohibited slavery.
As tensions between Texas and Mexico escalated, Texas declared its independence in 1835, and the Texas Declaration of Independence was adopted in 1836, marking the establishment of the Republic of Texas. The Republic of Texas was recognized by the British and French governments, who supported its independence from Mexico. However, Texas ultimately chose annexation with the United States, and in 1845, voters in the republic approved a proposal for annexation, ending the independence of the Republic of Texas.
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Separation of Texas and Coahuila
The Constitution of the Free State of Coahuila and Texas was issued in the city of Saltillo, Coahuila, on March 11, 1827. This constitution was written by the combined state of Texas and Coahuila and established a unicameral legislature, an executive branch, and a judicial branch. The legislature consisted of 12 deputies, two of whom were elected by popular vote. The executive branch included a governor and vice-governor, and the judicial branch had courts for minor cases and crimes.
However, Texans were unhappy with several Mexican policies and wanted to separate from Coahuila. They met in San Felipe for the Conventions of 1832 and 1833, where they discussed and drafted a constitution for Texas. This constitution was only approved by the convention and was rejected by the Mexican government, leading to the arrest of Stephen F. Austin, who had presented it, on a charge of sedition.
In 1835, Santa Anna began to assume more power than what the Mexican Constitution of 1824 allowed, and the delegates decided that Texas had the right to declare independence. The Constitution of 1833 set up a state government similar to that of the United States, with a bicameral legislature, an executive branch, and a judicial branch.
The United States Congress proposed Resolution Annexing Texas, and the Constitution of 1845 was approved by both Texas and the United States. This constitution continued the bicameral legislature and outlined the powers of the governor and the judicial branch, which consisted of a Supreme Court, district courts, and other courts.
Thus, the separation of Texas and Coahuila began with the Conventions of 1832 and 1833, when Texans advocated for separate statehood and drafted their own constitution. The rejection of this constitution by the Mexican government and the increasing power of Santa Anna led to the decision for Texas to declare independence. The Constitution of 1845, approved by both Texas and the United States, further solidified the separation of the two states.
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The Constitution of 1833
Under the guidance of Sam Houston, a former governor of the US state of Tennessee, a committee drafted a state constitution to submit to the Mexican Congress. The proposed constitution was largely based on US political principles but retained several Spanish customs. It set up a state government similar to that of the United States, with a bicameral legislature, an executive branch, and a judicial branch. Stephen F. Austin was sent to the Mexican capital of Mexico City to deliver the proposals but was rejected and imprisoned until 1835.
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The Constitution of 1845
The judiciary established by the Constitution of 1845 consisted of a Supreme Court, district courts, and other inferior courts that could be established by the legislature. The judges of the higher courts were appointed by the governor for six-year terms. The governor also had the power to remove Supreme and district judges by addressing two-thirds of both houses of the legislature. The governor of Texas could serve up to four years in a six-year period or two two-year terms. They had powers such as granting pardons and reprieves, convening the legislature, and vetoing legislation.
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Frequently asked questions
The Constitution of Coahuila and Texas (1827) provided for a unicameral legislature.
The government was comprised of a unicameral legislature, an executive branch, and a judicial branch.
The legislature contained 12 deputies, two of which were elected by popular vote.
Catholicism was established as the state religion, and slavery was prohibited. Citizens were guaranteed liberty, security, property, and equality.
Yes, there have been several constitutions of Texas since 1827, including in 1833, 1836, 1845, 1861, 1866, 1869, and the current constitution adopted in 1876.
