Simone Lawson
The Constitution of the Republic of Texas was written in 1836 to establish the laws, rights, and duties of the new independent republic. Texas declared itself a separate republic from Mexico on March 2, 1836, due to a lack of support from the United States in their revolutionary movement. A convention of 59 delegates assembled at Washington-on-the-Brazos on March 1, 1836, to draft the new constitution, which was hastily adopted and later ratified by a vote of the people of the republic in September 1836. The constitution reflected the social, economic, and legal conditions of the time, incorporating elements of the United States Constitution, English common law, and Mexican law. It established an elected chief executive, a bicameral legislature, and a four-tiered judicial system, with a system of checks and balances between the three branches. The constitution also included provisions related to land, citizenship, slavery, and the protection of individual rights and freedoms.
| Characteristics | Values |
|---|---|
| Date written | March 1, 1836 |
| Date adopted | March 16, 1836 |
| Date ratified | September 1836 |
| Writers | 59 delegates, including George Childress |
| Basis | US Constitution, Mexican Constitution, Spanish and Mexican law |
| Purpose | To establish Texas as an independent republic |
| Government | Republic, with elected chief executive and a four-tiered judicial system |
| Powers | Divided into three branches with a system of checks and balances |
| Amendments | Complicated procedures for amendments |
| Rights | Bill of Rights, including freedom of religion |
| Citizenship | Granted to white men only |
| Slavery | Outlawed the importation of enslaved people from Africa, but protected slavery |
| Land | Protected the rights of people in unoccupied lands |
| Term limits | Short, ranging from one year for representatives to four years for some judges |
| Annexation | Annexation to the US debated and eventually approved |
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What You'll Learn
Texas declared itself an independent republic
The delegates who drafted the constitution came from diverse backgrounds. Two-thirds were from southern states that had slavery, six were from the border state of Kentucky, seven were from northern states, three were from Mexico (including two born in Texas), four were from other English-speaking lands, and one was from Tennessee. The constitution incorporated large sections of the United States Constitution, along with Mexican law and English common law. The constitution also included provisions that protected slavery and prohibited free blacks from becoming permanent residents of Texas.
The 1836 Texas Constitution was a product of the social and economic conditions of the time, as well as the legal heritage of Texas, the southern United States, and Mexico. It established an elected chief executive with considerable powers, a bicameral legislature, and a four-tiered judicial system composed of justice, county, district, and supreme courts. Power was divided among these three branches, with a system of checks and balances between them. The constitution also included a bill of rights, which established how people were to be treated by the government and what freedoms they were allowed.
Of paramount importance at the time of adoption were provisions relating to land. The constitution sought to protect the rights of people in the unoccupied lands of the republic, which were the main attraction for immigrants coming to Texas. It affirmed that all laws in force in Texas would remain in full force and guaranteed land grants to citizens who had not received them. The constitution also included provisions adapted from Spanish and Mexican law, such as community property, homestead exemptions, and protections for debtors.
The 1836 Texas Constitution was written and adopted in haste, in the midst of the Texas Revolution. It was the supreme law of Texas from 1836 to 1845, when Texas was admitted to the Union as a state. The constitution played a significant role in Texas history, shaping the laws, duties, and rights of its citizens and laying the foundation for the state's future development.
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The constitution was written in haste
The Constitution of the Republic of Texas was written in haste in 1836. This was due in part to the ongoing Texas Revolution and the ever-present threat of attack by Mexican cavalry. On March 1, 1836, 59 delegates assembled at Washington-on-the-Brazos to draft the founding principles of the new republic. The constitution was written and adopted in just 15 days, and it was ratified by Texas voters in September 1836.
The haste with which the constitution was drafted is reflected in the fact that it incorporated large sections of the United States Constitution, as well as aspects of Mexican law. The delegates who drafted the constitution came from diverse backgrounds, including southern states with slavery, the border state of Kentucky, northern states, Mexico, and other English-speaking lands. This variety of perspectives and influences likely contributed to the speed with which the constitution was drafted, as the delegates sought to balance their varying interests and values.
One of the primary motivations for the Texas Revolution and the subsequent declaration of independence was the lack of support from the United States for the revolutionary movement. This sense of urgency and the desire for independence likely influenced the rapid drafting of the constitution. The delegates assigned George Childress to lead a committee of five to draft the Declaration of Independence, which was approved on March 2 with no debate. This swift action set the tone for the constitution-drafting process that followed.
The constitution's provisions reflect the social and economic conditions of the time, as well as the legal heritage of Texas, the southern United States, and Mexico. It established an elected chief executive, a bicameral legislature, and a four-tiered judicial system. It also included a bill of rights and complicated procedures for amendments. The constitution's focus on land policy, citizenship, and slavery reflected the delegates' struggle to balance the competing claims of natives, settlers, army volunteers, and colonizers.
Overall, the 1836 Texas Constitution was a product of the tumultuous political and social climate of the time. The delegates' desire for independence and their need to balance diverse interests resulted in a constitution that was written and adopted in haste, shaping the laws and values of the Republic of Texas during its ten-year lifespan.
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It was influenced by US, Mexican, and English law
The 1836 Texas Constitution was influenced by US, Mexican, and English law. It was drafted in haste by fifty-nine delegates, who assembled at Washington-on-the-Brazos on March 1, 1836, in the midst of the Texas Revolution. The constitution was a product of the social and economic conditions of the time, as well as the legal heritage of Texas, the southern United States, and Mexico.
The 1836 Texas Constitution incorporated large sections of the United States Constitution, including its flexible and brief nature, with fewer than 6,500 words. It established an elected chief executive with considerable powers, a bicameral legislature, and a four-tiered judicial system composed of justice, county, district, and supreme courts. The power was divided among these three branches, with a system of checks and balances between them. The constitution also included a bill of rights, which guaranteed certain freedoms and protections to the people of Texas.
The influence of Mexican law can be seen in the constitution's adoption of community property, homestead exemptions, and protections, and debtor relief. The President of the Republic of Texas had a three-year term and could not serve another consecutive term, which was based on provisions in the Mexican Constitution. Additionally, the constitution's recognition of Spanish-Mexican law can be seen in its provisions on land grants and property rights.
The 1836 Texas Constitution also reflected the influence of English law, particularly in its provision for the introduction of the common law of England as early as practicable. This was to ensure that the laws of the Republic of Texas were in accord with the legal system that was familiar to the predominantly Anglo-American settlers. The constitution also established a system of public education, which was in line with English legal traditions.
Overall, the 1836 Texas Constitution was a product of the diverse legal traditions and influences that shaped the region at the time, including US, Mexican, and English law. It sought to balance the interests and values of its diverse participants, including delegates from southern states, border states, northern states, Mexico, and other English-speaking lands.
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It established an elected chief executive with considerable powers
The 1836 Constitution of the Republic of Texas was drafted in haste by 59 delegates who assembled at Washington-on-the-Brazos on March 1, 1836, in the midst of the Texas Revolution. Texas had declared itself an independent republic on March 2, 1836, due to a lack of support from the United States in their revolutionary movement against Mexico.
The 1836 Constitution established an elected chief executive with considerable powers, a bicameral legislature, and a four-tiered judicial system composed of justice, county, district, and supreme courts. Power was divided among these three branches, with a system of checks and balances between them. The constitution also included a bill of rights and complicated procedures for amendments.
The chief executive, or President of the Republic of Texas, had a three-year term and could not serve another consecutive term, based on provisions in the Mexican Constitution. The first president, Sam Houston, was elected after the constitution was ratified by Texas voters in September 1836.
The 1836 Constitution was a product of the social and economic conditions of the time, as well as the legal heritage of Texas, the southern United States, and Mexico. It incorporated large sections of the United States Constitution, such as the separation of powers and checks and balances, along with some aspects of Spanish and Mexican law, including community property, homestead exemptions, and debtor relief.
The 1836 Constitution also had a significant impact on slavery in Texas. While it outlawed the importation of enslaved people from Africa, it guaranteed the right of slaveowners to keep enslaved people as property and allowed new slaveowning immigrants to bring enslaved people into Texas. This constitutional protection led to a rapid increase in the enslaved population in Texas, from 5,000 in 1836 to over 182,500 by 1860.
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It sought to protect land rights
The Constitution of the Republic of Texas, written in 1836, was the supreme law of Texas from 1836 to 1845. Texas declared itself an independent republic on March 2, 1836, due to a lack of support from the United States for their revolutionary movement. The 1836 Constitution was drafted by a convention of 59 delegates who assembled at Washington-on-the-Brazos. It was adopted 15 days later and ratified by a vote of the people of the republic on the first Monday in September 1836.
The 1836 Constitution incorporated large sections of the United States Constitution, along with Mexican law and the common law of England. It was a revolutionary document written and adopted in haste, shaped by the social and economic conditions of the time, as well as the legal heritage of Texas, the southern and western states, and the United States.
The 1836 Constitution included provisions that sought to protect land rights. It affirmed that "all laws now in force in Texas…shall remain in full force." In the "General Provisions," it guaranteed that a citizen who had not received his land grant would be entitled to "one league and one labor of land" if he was the head of a family. Single men over 17 years were assured of "the third part of one league of land," and orphan children "whose parents were entitled to land" were declared eligible for all property rights of their deceased parents. The constitution also sought to void all "unjust and fraudulent claims."
The establishment of a general land office was also included in the 1836 Constitution, with the aim of simplifying the land system and protecting the people and the government from litigation and fraud. All land titles of the republic were to be registered at this office, and the territory of the republic was to be sectionized to enable the identification of vacant lands and those covered by valid titles.
The 1836 Constitution also included provisions related to citizenship and voting rights, education, slavery, and the rights of convicted criminals. It established that any white person who lived in the republic for at least six months could become a citizen and enjoy equal rights, with the exception of "Africans, the descendants of Africans, and Indians." Convicted criminals were prohibited from holding office, voting, or serving on juries. The constitution also mandated that Congress establish and fund a system of education. Regarding slavery, it stated that slaves brought to Texas would remain the property of their owners, who could not free them without the consent of Congress.
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Frequently asked questions
Texas declared itself an independent republic on March 2, 1836, due to a lack of support from the United States for their revolutionary movement. A new constitution was written to reflect this change.
The 1836 Constitution of the Republic of Texas was modelled after the United States Constitution. It also incorporated aspects of Spanish and Mexican law, including community property, homestead exemptions, and debtor relief.
The 1836 Constitution established an elected chief executive, a bicameral legislature, and a four-tiered judicial system. It also included a bill of rights and complicated procedures for amendments.
The 1836 Constitution codified racism. It outlawed the importation of enslaved people from Africa but allowed slaveowners to keep enslaved people as property. It also prohibited free blacks from becoming permanent residents of Texas without the consent of Congress and denied citizenship to Africans, their descendants, and Native Americans.
The 1836 Constitution was drafted by a convention of 59 delegates who assembled at Washington-on-the-Brazos on March 1, 1836. It was ratified by a vote of the people of the republic on the first Monday in September 1836.
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