Omar Bennett
The Texas Constitution of 1836 was written in the midst of the Texas Revolution, with the state declaring itself an independent republic due to a lack of support from the United States in their revolutionary movement. The constitution was hastily drafted, incorporating large sections of the United States Constitution, the constitutions of several southern states, and Mexican law. It was a product of the social and economic conditions of the time, as well as the constitutional and legal heritage of Texas, the southern and western states, and the United States. The Texas Constitution of 1836 was the supreme law of Texas from 1836 to 1845.
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What You'll Learn
To establish Texas as an independent republic
Texas' declaration of independence from Mexico in 1836 was a result of political instability in Mexico in the late 1820s and early 1830s, which undercut the protections of the federal and state constitutions that Texans lived under. This instability, combined with a lack of support from the United States for the Texas Revolution, led to Texas declaring itself an independent republic.
The Constitution of the Republic of Texas, drafted in 1836, was the first Anglo-American constitution to govern Texas. It was written by 59 delegates, including George Childress, who assembled at Washington-on-the-Brazos. 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. The constitution formed a unitary republic, with a directly elected president serving a three-year term and unable to serve consecutive terms.
The constitution also established a bicameral legislature, with a Senate and House of Representatives, known as the Congress of the Republic of Texas. Members of the House were required to be at least 25 years old, citizens of the republic, and residents of the county or district they represented for six months prior to the election. The House was to consist of between 24 and 40 members, with the number increasing to between 40 and 100 once the population reached 100,000.
The Texas Constitution also contained provisions that reflected the social and economic conditions of the time. For example, it protected the right to own slaves and prohibited "Indians" and "Africans" from becoming Texan citizens. It also included provisions adapted from Spanish-Mexican law, such as community property, homestead exemptions, and protections for debtors.
The Constitution of the Republic of Texas was the supreme law of Texas from 1836 until 1845, when Texas was admitted to the Union as a state.
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To address political instability in Mexico
Political instability in Mexico in the late 1820s and early 1830s largely undercut the provisions and protections of both the federal and state constitutions under which Texans lived. This instability and discontent against the central government fueled the Texas rebellion against Mexico. The Texas Constitution of 1836 was a response to this political instability and was designed to ensure Texans' rights and freedoms.
The 1836 Texas Constitution was drafted during the Texas Revolution, in the midst of the war with Mexico. The constitution was written in haste, and the ever-present threat of attack by Mexican cavalry stifled originality in the document. It was designed to be a supreme law, establishing a unitary republic with three branches of government: legislative, executive, and judicial. The constitution defined the legislative branch in detail, outlining a Senate and House of Representatives, to be called The Congress of the Republic of Texas.
The 1836 Texas Constitution incorporated large sections of the United States Constitution, as well as Mexican law, and English common law. The constitution's provisions reflected the social, economic, and legal conditions of the time. For example, the right to own slaves was protected, while "Indians" and "Africans" were prohibited from living freely in the country or becoming citizens. The constitution also established freedom of religion and prohibited imprisonment for debt.
The political instability in Mexico and the subsequent Texas rebellion led to Texas's break with Mexico and its declaration of independence on March 2, 1836. The 1836 Texas Constitution, therefore, played a crucial role in establishing a new constitutional regime that relied more on American political and cultural values, marking a fundamental step towards Texas's independence.
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To protect the right to own slaves
The Texas Constitution of 1836 was written in the midst of the Texas Revolution, as Texans sought independence from Mexico. The constitution was designed to protect the interests of Texans, including their right to own slaves.
The issue of slavery was a significant source of contention between Anglo-American settlers and Mexican authorities. While slavery existed in Mexico and Spanish America prior to the arrival of American settlers, it was not widespread, and the Mexican government began to disapprove of its expansion in the early 19th century. In 1829, Mexican President Vincente R. Guerrero issued a decree abolishing slavery throughout the Republic of Mexico, although it was never enforced. This decree alarmed Anglo settlers in Texas, who saw their interests threatened and felt that their liberty was being stripped away.
By the 1830s, the number of enslaved people in Texas had grown significantly, with an estimated 5,000 enslaved individuals in the region by 1836. The Texas Constitution of 1836 was designed to protect the rights of slave owners and further control the lives of enslaved people. It included provisions that forbade slave owners from freeing their slaves without the consent of Congress and prohibited Congress from passing any laws that restricted the slave trade or emancipated the enslaved. This solidified the importance of slavery in Texas and ensured that it would continue to be a key part of the economy and society.
The constitution also included restrictions on the rights of free blacks, including a law banishing all free black people from the Republic of Texas. Additionally, it prohibited "Indians" and "Africans" from living freely in the country or becoming Texan citizens, ensuring that only white citizens could fully participate in the republic.
The Texas Constitution of 1836 was a crucial document in the history of the region, shaping the legal and social landscape of the Republic of Texas and protecting the institution of slavery. It reflected the values and priorities of the Texans who drafted it, ensuring that their way of life, including their right to own slaves, would be protected and preserved.
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To define the three branches of government
The 1836 Texas Constitution was written during the Texas Revolution, in the midst of political instability in Mexico, which had culminated in a constitutional crisis. The constitution was written to define the three branches of government, legislative, executive, and judicial, and to outline the rights and responsibilities of citizens.
The constitution was drafted by fifty-nine delegates to the 1836 Convention, and it incorporated large sections of the United States Constitution, along with Mexican law and Anglo-American legal traditions. The constitution was written in haste, and this is reflected in its lack of originality. However, it was also a product of the social and economic conditions of the time.
The legislative branch was defined as a Senate and House of Representatives, to be called The Congress of the Republic of Texas. The House was to consist of no less than twenty-four members and no more than forty, until the population reached 100,000, after which the number could be increased to one hundred members. 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.
The executive branch was led by a President, who served a three-year term and could not serve consecutive terms. The constitution also outlined the process for impeachment and removal from office, which applied to the President, Vice President, and all civil officers of the Republic.
The judicial branch was structured differently from the American system, with Texas courts combining law and equity, rather than separating them into distinct courts. The constitution also included provisions for a penal code and revisions to civil and criminal laws.
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To reflect the values of Anglo-American settlers
The 1836 Texas Constitution was written to reflect the values of Anglo-American settlers, who made up the majority of its authors. The constitution was drafted by a convention of 59 delegates, 14 of whom were from Tennessee, and was designed to establish Texas as a separate republic independent from Mexico.
The constitution was modelled after the United States Constitution, with large sections being borrowed from it, as well as from the constitutions of several southern states. The Anglo-American settlers' preference for the legal system they had known in the United States is reflected in the constitution's incorporation of English common law, which was to be introduced as early as practicable and used in deciding all criminal cases. This ensured that the institutions of law and government in the new Republic of Texas were in line with the experience and expectations of Anglo-Americans immigrating to the region.
The Texas Constitution also included provisions that reflected the Jacksonian ideas prevalent in the states from which the delegates hailed. For example, ministers and priests were barred from holding public office, imprisonment for debt was abolished, and monopolies, primogeniture, and entailment were prohibited. The constitution also protected the right to own slaves and prohibited "Indians" and "Africans" from becoming Texan citizens.
The Texas Constitution established the three branches of government: legislative, executive, and judicial. It defined the legislative branch in detail, outlining the structure of the Senate and House of Representatives, which together formed the Congress of the Republic of Texas. The constitution specified that members of the House were to be chosen on the first Monday of September and hold office for one year, until other provisions could be made. To be eligible, representatives had to be at least 25 years old, citizens of the republic, and residents of the county or district they represented for six months prior to the election. The House was to consist of between 24 and 40 members until the population reached 100,000, after which it could range from 40 to 100 members.
The Texas Constitution also included a Declaration of Rights, which established how people were to be treated by the government and what freedoms they were allowed. It guaranteed equal rights for all free, white men, freedom of religion, and prohibited any preference by law for any particular religion.
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Frequently asked questions
Texas wanted to establish itself as an independent republic, separate from Mexico.
The constitution established three branches of government: legislative, executive, and judicial. It also set out the rights and responsibilities of Texans, including the right to own slaves, and prohibited "Indians" and "Africans" from becoming citizens.
The document was influenced by the US Constitution, the Mexican Constitution, and the constitutions of several southern states. It also reflected Jacksonian ideas, such as the ineligibility of ministers and priests to hold public office.
The constitution was drafted by 59 delegates at a convention in Washington-on-the-Brazos on March 1, 1836. It was adopted by the convention 15 days later and ratified by a vote of the people of the republic on the first Monday in September 1836.
Yes, Texas declared itself an independent republic on March 2, 1836, due to a lack of support from the United States for its revolutionary movement. However, it was not officially admitted to the Union until December 29, 1845.
