Malcolm Rivera
The Constitution of the Republic of Texas has undergone several iterations, reflecting the state's unique history. Texas has been part of the United States of Mexico, an independent republic, a state within the Confederate States of America, and a state within the United States of America. The first constitution was drafted in 1836 by delegates to the Convention during the Texas Revolution. This document incorporated large sections of the United States Constitution and Mexican law. The Constitution of 1845, which was almost twice as long as its predecessor, provided for Texas's government as a state in the United States. It was modelled after the Constitution of Louisiana and the constitution drawn by the Convention of 1833. The Constitution of 1866 was adopted as a condition of Texas rejoining the Union and ending slavery. Further constitutions were adopted in 1869, 1875, and 1876, with the latter being the current constitution and the seventh in Texas history.
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What You'll Learn
The 1845 Constitution of the Republic of Texas
The Constitution of the Republic of Texas was the supreme law of Texas from 1836 to 1845. Texas declared itself an independent republic in March 1836 due to a lack of support in the United States for the Texas Revolution. The declaration of independence was written by George Childress and was modelled after the United States Constitution. The Constitution of 1845 provided for the government of Texas as a state in the United States.
The framers of the Constitution of 1845, members of the Convention of 1845, used the newly adopted Constitution of Louisiana and the constitution drawn by the Convention of 1833 as models. They also used the Constitution of the Republic as a working model for a general plan of government and bill of rights. The Constitution of 1845 was almost twice as long as the Constitution of the Republic of Texas. Thomas Rusk was chosen as the president of the constitutional convention. The delegates, who had diverse backgrounds as lawyers, judges, and legislators, took two months to write the new constitution, which was ratified in October 1845.
The Constitution of 1845 established the three branches of government: legislative, executive, and judicial. The legislative department consisted of a Senate of 19 to 33 members and a House of Representatives of 45 to 90 members. Representatives were elected for two years and had to be at least 21 years old. Senators were elected for four years, with half chosen biennially, and all at least 30 years old. Legislators' compensation was set at three dollars a day for each day of attendance and three dollars for every 25 miles travelled to and from the capital.
The judiciary consisted of a Supreme Court, district courts, and other inferior courts that the legislature might establish. The Supreme Court was composed of three judges, any two of whom constituted a quorum. The governor appointed the judges of the higher courts for six-year terms. The governor could also remove Supreme and district judges with the address of two-thirds of both houses of the legislature, even without sufficient grounds for impeachment. A district attorney for each district was elected by a joint vote of both houses and served for two years. County officers were elected for two years by popular vote. The sheriff could not serve more than four years out of any six.
The Constitution of 1845 also defined voting qualifications and procedures. Any male citizen who was at least 21 years old and had been in Texas for six months could vote. Elections were to be held by ballot unless Congress determined otherwise. The Constitution included a ban on banks and limits on public debt. It also established that political power was held by the people, and it ensured freedom of religion.
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The 1836 Constitution of the Republic of Texas
The 1836 Constitution established an interim government and outlined the legislative branch, which was defined as a Senate and House of Representatives, together known as The Congress of the Republic of Texas. The House was to consist of at least 24 members and no more than 40, with members required to be at least 25 years old, citizens of the republic, and residents of the county or district they represented for at least six months prior to the election. Senators, meanwhile, were chosen by their districts, with each district having one member and the number of senators never less than one-third or more than one-half of the number of representatives.
The 1836 Constitution also defined the role and power of the president, who was required to be at least 35 years old, a citizen, and a resident of the republic for at least three years before the election. The president was to be the commander-in-chief of the army and navy but could not personally command them without congressional authorization. The document also established voting qualifications, stipulating that any male citizen over the age of 21 and a resident of Texas for at least six months could vote.
In addition to political and legal matters, the 1836 Constitution of the Republic of Texas also addressed education. It directed the legislature to provide for the support and maintenance of public schools and set aside 10% of taxation revenue for a Permanent School Fund. The constitution also included provisions for the General Land Office and reaffirmed land provisions from the previous constitution.
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The role of President Anson Jones
Anson Jones, the last president of the Republic of Texas, played a significant role in the state's history, particularly regarding its annexation to the United States and its independence from Mexico. Born in Massachusetts in 1798, Jones trained as a physician and eventually settled in Brazoria, Texas, where he established a successful medical practice.
Jones's political career began when he was elected to the Texas Congress, serving as chairman of the Committee on Foreign Relations. He became actively involved in the question of Texas annexation, which had been a topic of debate since the Louisiana Purchase in 1803. As a supporter of Texas independence, Jones counselled peace between Texas and Mexico until 1835, when he joined in signing a petition for a declaration of independence. During the Texas Revolution, Jones served in the military and later as the apothecary general of the Texas army.
Jones's most notable contribution to the Republic of Texas was his role in the annexation process. As president, he received an offer of recognition and peace from Mexico in June 1845, which he presented to the Texas Congress for consideration. However, Congress quickly rejected the Mexican offer and instead voted to accept annexation, censuring Jones for his actions. Despite this setback, Jones persisted in his efforts, and on June 23, 1845, the Texan Congress consented to his call for a convention to be held on July 4, 1845. The convention debated the annexation offer and, on July 4, almost unanimously approved an ordinance assenting to it. The Constitution of the State of Texas was adopted on August 27, 1845, and Texas was officially admitted into the Union on December 29, 1845.
Jones's role as the "Architect of Annexation" is complex. While he is credited with achieving Texas statehood, his actions also led to his unpopularity among Texans, who saw his negotiations with Mexico as a potential derailment to annexation. Jones's contribution to the Constitution of the Republic of Texas was significant, as he facilitated the debates and negotiations that ultimately shaped the state's future as a part of the United States.
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The legislative branch
The Constitution of the Republic of Texas was drafted in 1836, in the midst of the Texas Revolution. It was the second of seven constitutions in Texas history, including the Mexican constitution. The document incorporated large sections of the United States Constitution, along with Mexican law.
The Constitution of the Republic of Texas defined the legislative branch as a Senate and a House of Representatives, collectively known as the Congress of the Republic of Texas. The House of Representatives was to consist of no fewer than twenty-four members and no more than forty members until the population reached 100,000. After that, the number of representatives could range from forty to one hundred. 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. Representatives were chosen on the first Monday of September and held office for one year.
The Senate, on the other hand, had a variable number of members, with each district having one senator for every third to a half of its free white population. Senators were chosen by their respective districts and served three-year terms. To be eligible for the Senate, an individual had to be at least thirty years old, a citizen of the republic, and a resident of Texas for at least three years before election.
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Voting qualifications
The Constitution of the Republic of Texas was drafted in 1836, during the Texas Revolution. It was the second of seven constitutions in Texas history, including the Mexican constitution. The document was based on large sections of the United States Constitution and Mexican law.
The voting qualifications for the Republic of Texas were as follows: any male citizen over the age of 21 who had resided in Texas for at least six months was eligible to vote. These qualifications were defined in Article VI of the constitution, which also outlined the role and power of the president.
To hold a seat in the House of Representatives, citizens needed to be at least 25 years old, have resided in the county or district they represented for six months prior to the election, and be a citizen of the republic. Senators were chosen by their districts, with each district having one member. The number of senators was never to be less than one-third or more than one-half of the number of representatives.
The constitution also protected the right to own slaves and prohibited "Indians" and "Africans" from becoming Texan citizens or living freely in the country.
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Frequently asked questions
The Constitution of the Republic of Texas was written by delegates to the 1836 Convention. It was based on the United States Constitution, with some influence from Mexican law.
Texas declared itself an independent republic on March 2, 1836, due to a lack of support in the United States for the Texas Revolution. An interim government was put in place, and elections were held to ratify the constitution and decide on annexation into the United States.
The constitution established a unitary republic with a president who had a three-year term and could not serve consecutive terms. It defined the legislative, executive, and judicial branches of government, with the legislative branch consisting of a Senate and House of Representatives, known as the Congress of the Republic of Texas. It also protected the right to own slaves and prohibited "Indians" and "Africans" from citizenship.
