Constitution of the Republic of Texas

After declaring independence from Mexico on March 2, 1836, delegates at the Convention of 1836 began creating a government for the new Republic of Texas. They needed a constitution, or written plan of government, that explained how the government would be organized and what powers it would have.

The delegates adopted the Constitution of the Republic of Texas on March 17, 1836. Voters approved the constitution in September of that year.

The constitution was strongly influenced by the U.S. Constitution and by constitutions from several U.S. states. It also included legal traditions that Texas had inherited from Spanish and Mexican rule, including ideas involving community property and protections for property owners and people in debt.

The constitution divided the government into three branches: legislative, executive, and judicial. It also created checks and balances intended to prevent one branch from controlling all government power.

The legislative branch was called Congress and consisted of two houses, the Senate and the House of Representatives. The executive branch was led by a president. The judicial branch included several levels of courts, with a Supreme Court as the highest court.

The constitution also included a Declaration of Rights, often called a Bill of Rights, that protected freedoms such as speech, religion, trial by jury, and the right to petition the government. It also directed Congress to provide by law for a general system of education.

The constitution placed several limits on government officials. Terms of office were relatively short, and the president could not immediately serve another term.

Ministers and priests who were actively serving in their religious roles could not serve as president or hold a seat in Congress. The constitution also placed limits on imprisonment for debt and prohibited practices such as primogeniture, in which an estate automatically passed to the oldest son.

The rights established by the constitution did not apply equally to everyone living in the Republic.

Voting rights were generally limited to free male citizens who met the constitution's requirements. The constitution also excluded Africans, descendants of Africans, and Indigenous people from its definition of citizenship, although the legal status of individuals could vary under other laws and circumstances.

The constitution explicitly protected slavery. Congress could not free enslaved people without the consent of slaveholders, and immigrants from the United States were permitted to bring enslaved people into the Republic. Free Black people also faced restrictions on living permanently in Texas without permission from Congress.

Land was another major issue facing the new Republic. The constitution addressed existing land claims and attempted to establish rules for deciding which grants and claims would remain valid.

Land attracted many immigrants to Texas, but some territory claimed by the Republic was also used, occupied, or controlled by Indigenous nations. As the Republic attempted to expand settlement and enforce its land claims, conflicts over territory continued.

The Constitution of 1836 reflected the different influences and conditions surrounding the new Republic. It borrowed many features from government in the United States, preserved some legal traditions from Spanish and Mexican rule, and addressed major issues facing Texas at the time, including government organization, land, education, citizenship, and slavery.