Isabella Carter
The Constitution of the Republic of Texas, which was adopted in 1836, was the supreme law of Texas from 1836 to 1845. The document was shaped by American settlers, particularly those from the southern states who supported the maintenance of slavery. The constitution did not offer voting rights to free blacks, nor did it establish any rights for Comanche tribal governments. It also failed to impose a ban on the importation of slaves. The constitution defined voting qualifications and procedures, stating that any male citizen over the age of twenty-one who had been in Texas for at least six months could vote.
| Characteristics | Values |
|---|---|
| Date Adopted | March 16, 1836 |
| Independence | Declared independent republic due to lack of support in the US for the Texas Revolution |
| Based On | US Constitution and constitutions of several southern states |
| Type of Republic | Unitary |
| President's Term | Three years, no consecutive re-election |
| Voting Rights | All male citizens aged 21 and above, residing in Texas for six months |
| Citizenship | Restricted to "free white persons" |
| Rights | Denied rights to people of color, perpetuated slavery, did not grant voting rights to free blacks, provide for Comanche tribal government, or ban slave importation |
| Land Sales | Allowed private land sales |
| Education | Congress was to establish and fund a system of education |
| Annexation | Annexed to the US in 1845 |
| Constitution of 1876 | Contains uniquely Texan provisions, including those influenced by Texas' history, Spanish and Mexican influence, Jacksonian agrarianism, and frontier radicalism |
| Began with a lengthy bill of rights, including freedom of speech and press, right to bear arms, and more | |
| Established a board of education, abolished compulsory attendance, provided for segregated schools |
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What You'll Learn
It denied rights to people of colour
The Constitution of the Republic of Texas, adopted in 1836, notably denied rights to people of colour. This was a continuation of the policies that were in place during the Mexican governance of Texas. The Constitution explicitly stated that people of colour would not have the same rights as they had under Mexican rule. It enshrined the position that only white men could be considered citizens. Voting rights were also restricted for free black people, who were not granted the right to vote. All individuals of African descent were barred from obtaining citizenship or political rights.
The Constitution also protected the right to own slaves and prohibited "Indians" and "Africans" from living freely in the country or becoming Texan citizens. This was in line with the beliefs of the American settlers, many of whom were from southern states and supported slavery. This was in stark contrast to the Mexican government's abolition of slavery in 1829.
The Constitution of the Republic of Texas was the supreme law of Texas from 1836 to 1845. It was modelled after the United States Constitution and formed a unitary republic. The President of the Republic of Texas had a three-year term and could not serve consecutive terms.
In 1845, Texas was admitted to the Union, and the State of Texas adopted a new constitution. However, even after the Civil War and the end of slavery, African Americans in Texas continued to face challenges in obtaining basic citizenship rights. A constitutional convention was held in 1866, and while it granted African American men certain legal rights, it did not give them the right to vote or hold public office. It wasn't until the new state constitution of 1869 that adult male African Americans were granted the right to vote.
Despite these legal advancements, white supremacy and racism persisted in Texas, leading to the curtailment of rights granted to African Americans through the 13th, 14th, and 15th Amendments. Segregation was enforced in various aspects of life, including education, religion, dining, employment, and transportation. It wasn't until the Civil Rights movement gained momentum in the late 1960s that segregation was gradually removed from public life.
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Allowed private land sales
The Constitution of the independent Republic of Texas, which came into force in 1836, allowed for private land sales. This reflected the interests of Anglo settlers, who wished to establish their own systems of governance. The constitution was modelled on the US Constitution and the constitutions of several southern states, and it did not include any provisions to prevent land sales by private sellers.
The constitution's allowance of private land sales is perhaps best understood in the context of its broader approach to citizenship and rights. Notably, the constitution denied rights to people of colour, in a similar manner to when Texas was under Mexican control. Citizenship was restricted to "free white persons", and the constitution did not provide legal recognition or rights for African Americans or Native Americans. This was a key distinction from the Mexican government's abolition of slavery in 1829.
The constitution also failed to provide constitutional provisions for the government of the Comanche tribe. Indigenous peoples were generally marginalised and excluded from political power. In addition, the constitution did not grant voting rights to free blacks, and it recognised the existence of slavery within Texas, allowing enslaved individuals to remain in servitude.
The constitution established a unitary republic, with a president who served as commander-in-chief of the army and navy. The president was to enter office on the second Monday of December following the election and could not command the army or navy personally without authorisation by Congress. The constitution also defined voting qualifications and procedures, stating that any male citizen over the age of twenty-one who had been in Texas for at least six months could vote.
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Did not grant voting rights to free black people
The Constitution of the Republic of Texas, which was the supreme law of Texas from 1836 to 1845, did not grant voting rights to free black people. The constitution was drafted after Texas declared itself an independent republic due to a lack of support in the United States for the Texas Revolution. The declaration of independence was written by George Childress and modelled after the United States Constitution. The Constitution of the Republic of Texas established the three branches of government: legislative, executive, and judicial. It also defined voting qualifications and procedures, specifying that any male citizen over the age of twenty-one who had been in Texas for at least six months was eligible to vote.
However, the constitution restricted citizenship to "free white persons," explicitly denying rights to people of colour, including African Americans and Native Americans. This meant that free black people were effectively barred from obtaining citizenship or political rights, including the right to vote. The constitution also protected the right to own slaves and prohibited "Indians" and "Africans" from living freely in the country or becoming Texan citizens.
The denial of voting rights to free black people in the Constitution of the Republic of Texas reflected the beliefs of the American settlers who shaped the document, particularly those from southern states who supported the institution of slavery. This stood in contrast to the Mexican government's abolition of slavery in 1829. It was only after the Civil War and the passage of the Fourteenth and Fifteenth Amendments to the U.S. Constitution that African Americans gained protection under the law and the right to vote, regardless of race or previous condition of servitude.
In Texas, the fight for voting rights for African Americans continued even after the passage of these amendments, as the state enacted poll taxes and other measures that disproportionately affected African Americans and suppressed their vote. It was not until the passage of the Voting Rights Act in 1965 and the Twenty-Fourth Amendment in 1964, which prohibited poll taxes in national elections, that the rights of minority voters were more fully protected.
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Did not provide for Comanche tribal government
The Constitution of the Republic of Texas, which was the supreme law of Texas from 1836 to 1845, did not provide for Comanche tribal government. This omission was one of several key features regarding citizenship and rights that effectively denied rights to people of color and continued the institution of slavery. The Constitution restricted citizenship to "free white persons" and explicitly stated that people of color would not have the same rights as they had under Mexican rule. It also did not grant voting rights to free blacks, nor did it impose a ban on the importation of slaves.
The Comanche tribe, whose autonym is nʉmʉnʉʉ, meaning "the human beings" or "the people", has a long history in the region. They made treaties with the Spanish, Mexican, United States, and Confederate governments, including the 1867 Treaty of Medicine Lodge Creek, which laid the foundation for Comanche relations with the federal government. However, they faced marginalization and exclusion from political power under the Texas Constitution.
The Comanche Nation is currently headquartered in Lawton, Oklahoma, with around 7,000 of its 17,000 enrolled citizens residing in tribal jurisdictional areas. The tribe has its own Department of Higher Education, awarding scholarships and financial aid for members' college educations. They also operate their own housing authority and issue tribal vehicle tags.
While the Comanche Nation has made strides in self-governance, the historical exclusion from the Texas Constitution continues to shape their relationship with the state. The lack of constitutional recognition for the Comanche tribal government highlights a legacy of marginalization and an ongoing struggle for representation and self-determination.
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Recognised the existence of slavery
The Constitution of the Republic of Texas, which was the supreme law of Texas from 1836 to 1845, recognized the existence of slavery and denied rights to people of colour. The constitution was drafted after Texas declared itself an independent republic due to a lack of support in the United States for the Texas Revolution. The declaration of independence was modelled after the United States Constitution, with additional influences from the constitutions of several southern states.
The Constitution of independent Texas notably denied rights to people of colour, similar to the policies in place during Mexican governance of Texas. Under the Constitution, citizenship was restricted to "free white persons", and African Americans and Native Americans were not granted legal recognition or rights. Free blacks faced restrictions on their voting rights and were barred from obtaining citizenship or political rights. The Constitution also did not provide legal recognition or rights for Indigenous peoples, nor did it establish any specific provisions for an independent Comanche tribal government.
In addition to recognizing the existence of slavery, the Constitution of independent Texas included several key features that protected the institution of slavery. It did not impose a ban on the importation of slaves, allowing them to be brought into the state by emigrants from other states. The Constitution also included provisions that made it difficult for slave owners to emancipate their slaves without congressional approval, and it forbade Congress from passing laws that restricted the slave trade or emancipated slaves. These measures ensured that slavery would continue to be legal and protected in the Republic of Texas.
The recognition of slavery in the Constitution of independent Texas was shaped by the influence of American settlers, particularly those from southern states who believed in maintaining the institution of slavery. This stood in contrast to the Mexican government's abolition of slavery in 1829, which had created tensions with slave-holding Anglo-Americans in Texas. The inclusion of slavery in the Constitution reflected the social and economic ideals of many Texans at the time, who viewed slavery as a guarantee of the inferior social position of Blacks and a vital contributor to economic success, particularly in the cotton industry.
In summary, the Constitution of independent Texas recognized the existence of slavery and included several provisions that protected and continued the institution of slavery. It denied rights to people of colour, reflected the influence of pro-slavery settlers, and contributed to the social and economic ideals that valued the inferior position of Blacks and the expansion of the slave system in Texas.
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Frequently asked questions
1836.
The Constitution of independent Texas denied rights to people of colour, perpetuated slavery, and did not grant voting rights to free black people.
The Constitution allowed for land sales by private sellers.
The Constitution restricted citizenship to "free white persons".
Any male citizen who was twenty-one and had been in Texas for six months could vote.
