Eleanor Finch
Texas has had a unique history, passing through many iterations since 1824. It has been a 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 Constitution of the Republic of Texas, which was the supreme law of Texas from 1836 to 1845, was drafted by delegates to the 1836 Convention, with George Childress writing the declaration of independence. The constitution was modelled after the United States Constitution, with large sections borrowed from it, as well as from Mexican law and the constitutions of several southern states.
| Characteristics | Values |
|---|---|
| Year Adopted | 1836 |
| Status | The supreme law of Texas from 1836 to 1845 |
| Reason | Lack of support in the United States for the Texas Revolution |
| Declaration of Independence | Written by George Childress, modeled after the United States Constitution |
| Constitution | Drafted by delegates to the 1836 Convention, with input from Lorenzo de Zavala |
| Inspiration | Borrowed language from the US Constitution and constitutions of several southern states, as well as Mexican law |
| Government Type | Unitary republic |
| Presidency | Three-year term, no consecutive reelections |
| Voting Qualifications | Male citizens aged 21 and above, residing in Texas for at least six months |
| Legislative Branch | Senate and House of Representatives, together called The Congress of the Republic of Texas |
| House of Representatives | Minimum 24 members, maximum 100 members (based on population); members must be at least 25 years old, citizens, and residents of the represented district for six months |
| Senators | Chosen by their districts based on the free white population; number ranges from one-third to one-half of the number of representatives |
| Powers | Legislative, Executive, and Judicial, with a focus on separation of powers |
| Rights | Detailed bill of rights, including unique provisions such as an unqualified right to habeas corpus |
| Citizenship | Extended to all persons residing in Texas on the day of the Declaration of Independence, except Africans, their descendants, and Indians |
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What You'll Learn
The authors
The Constitution of the Republic of Texas was drafted by delegates to the 1836 Convention, in the midst of the Texas Revolution. The resulting constitution was modelled after the United States Constitution, with some influence from Mexican law and the constitutions of several southern states.
The declaration of independence, written by George Childress, was adopted on March 2, 1836, and the constitution was ratified on March 16, 1836. Lorenzo de Zavala helped draft the constitution by designing the flag of the Republic of Texas and serving as vice president.
The constitution established a unitary republic, with a president who served as commander-in-chief and a legislative branch composed of a Senate and House of Representatives, called The Congress of the Republic of Texas. The document also defined voting qualifications and procedures, including that any male citizen aged 21 or above who had been in Texas for six months could vote.
The Texas Constitution also protected the right to own slaves and prohibited "Indians" and "Africans" from becoming citizens or living freely in the country. It outlined the rights and responsibilities of citizens, the scope and powers of the government, and the laws, duties, and rights established by the declaration of independence.
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The declaration of independence
Texas has had a unique history, passing through many iterations between 1824 and 1876. During this period, Texas was at times a 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.
On March 2, 1836, 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 newly independent Republic of Texas was drafted by delegates to the 1836 Convention and incorporated large sections of the United States Constitution, Mexican law, and the constitutions of several southern states.
The Constitution of the Republic of Texas was the supreme law of Texas from 1836 to 1845. It established a unitary republic and defined the legislative, executive, and judicial branches of the government. The legislative branch was defined as a Senate and House of Representatives, collectively known as the Congress of the Republic of Texas. The members of the House were to be chosen annually on the first Monday of September and hold office for one year. To be eligible for a seat in the House, one had to be at least 25 years old, a citizen of the republic, and a resident of the county or district represented for at least six months before the election. The number of members in the House ranged from 24 to 40, depending on the population. Senators were chosen by their districts based on the free white population and served three-year terms. The 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 and was elected for a three-year term, unable to serve consecutive terms.
The Texas Constitution also protected the right to own slaves and prohibited "Indians" and "Africans" from citizenship or living freely in the country. It established voting qualifications, stating that any male citizen over the age of 21 and a resident of Texas for six months could vote. The constitution further outlined the process for impeachment and removal from office for the president, vice president, and civil officers of the republic.
In summary, the Constitution of the Republic of Texas, influenced by various sources of law, established the framework for the independent republic's government, including its legislative, executive, and judicial branches. It defined the roles and qualifications for key positions, protected certain rights, and outlined procedures for elections and impeachment.
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The legislative branch
The Constitution of the Republic of Texas, adopted in 1836, outlined the legislative branch of the Texas government. The constitution was drafted during the Texas Revolution, and it established a Senate and House of Representatives, collectively known as the Congress of the Republic of Texas.
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Voting qualifications
The Constitution of the Republic of Texas was the supreme law of Texas from 1836 to 1845. The declaration of independence was written by George Childress and modelled after the United States Constitution. The constitution was ratified in 1836, and Sam Houston was elected as the first president of the Republic of Texas.
In terms of voting qualifications, the Constitution of the Republic of Texas had certain requirements. According to Article III of the 1845 version, a "qualified elector" was defined as every free male person who had reached the age of 21, was a citizen of the United States or the Republic of Texas, and had resided in the state for at least one year before the election. This included residing in the specific district, county, city, or town for the last six months. However, "Indians not taxed, Africans, and descendants of Africans" were explicitly excluded from this definition.
The Constitution also outlined the process for electing members of the Senate and House of Representatives. Each member was required to take an oath to support the Constitution before proceeding with any business. Additionally, they had to take an oath of office. To be eligible for the office of President, an individual had to be at least 35 years old, a citizen of the Republic at the time of the Constitution's adoption, and an inhabitant of the Republic for at least three years before their election.
The Texas Constitution also addressed the issue of suffrage. It stated that qualified voters must be registered before voting, but this requirement was not considered a qualification for voting eligibility. The Constitution also protected the right to free suffrage and allowed for absentee voting. Additionally, it provided a method for registration and outlined specific cases where individuals were not allowed to vote, such as those declared mentally incompetent by a court or convicted of certain crimes.
The Constitution of the Republic of Texas underwent several iterations. After Texas was admitted to the Union in 1845, it adopted a new constitution. Following its secession from the Union in 1861, Texas again adopted a new constitution aligned with the Confederate interests. The current Texas Constitution was adopted in 1876 and has been amended multiple times since then.
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The bill of rights
The Constitution of the Republic of Texas was drafted in 1836, during the Texas Revolution, and was the supreme law of Texas from 1836 to 1845. Texas had declared itself an independent republic due to a lack of support in the United States for the Texas Revolution. The constitution was modelled after the United States Constitution, with some influence from Mexican law and the constitutions of several southern states.
The Texas Constitution contained a Bill of Rights, which guaranteed certain freedoms and rights to the people of Texas. Here is an overview of some of the key sections of the Bill of Rights:
Section 1
Texas is declared as a free and independent state, subject only to the Constitution of the United States. This section emphasizes the importance of preserving local self-government and the right to alter or reform the government as deemed necessary by the people.
Section 2
This section affirms that all political power resides in the people and that governments derive their authority from the people. It also highlights the commitment of the people of Texas to maintaining a republican form of government.
Section 3
It states that all free men, when forming a social compact, have equal rights, and no individual or group should have exclusive privileges beyond what is granted for public services.
Section 6
It guarantees religious freedom and prohibits any compulsion in matters of worship. It also ensures that the legislature shall protect the equal enjoyment of religious practices by all denominations.
Section 8
The right to trial by jury is upheld, and the legislature is tasked with regulating and maintaining the purity and efficiency of jury trials.
Section 12
The writ of Habeas Corpus is recognized as a right and shall never be suspended.
Section 13
This section addresses the right to own property and states that no person's property shall be taken, damaged, or destroyed for public use without just compensation or the person's consent.
Section 15
The citizens are guaranteed the right to assemble peacefully and petition the government for redress of grievances or other purposes.
Section 27
This section affirms the right of the citizens to engage in certain agricultural practices, such as farming, ranching, and wildlife management, on their own property.
It is important to note that the Texas Constitution also included provisions that protected the right to own slaves and excluded "Indians" and "Africans" from citizenship, reflecting the social and political context of the time.
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Frequently asked questions
The Constitution of the Republic of Texas was drafted by delegates to the 1836 Convention. It was based on the United States Constitution, with additional influence from Mexican law and the constitutions of several southern states.
Texas declared itself an independent republic on March 2, 1836, due to a lack of support in the United States for the Texas Revolution. The declaration of independence was written by George Childress. The constitution was adopted on March 16, 1836, and the war with Mexico ended on April 22, 1836, with the defeat of Santa Anna at San Jacinto.
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 power vested in a Senate and House of Representatives, known as the Congress of the Republic of Texas. It also outlined voting qualifications and procedures, including that any male citizen over the age of 21 who had been in Texas for six months could vote. Notably, the constitution protected the right to own slaves and prohibited "Indians" and "Africans" from becoming Texan citizens.
