Constitution of the Republic of Texas facts for kids

The Constitution of the Republic of Texas was the main set of laws for Texas from 1836 to 1845. It was like the rulebook for the country.

Texas decided to become an independent republic on March 2, 1836. This happened because the United States didn't fully support the Texas Revolution. George Childress wrote the declaration of independence. It was similar to the Constitution of the United States. Lorenzo de Zavala helped a lot with the Texas Constitution. He even designed its flag and became the vice president.

The Texas Constitution was included with the declaration of independence. It used ideas from the US Constitution and other southern states' laws. It created a single, strong government, not a federal one like the US. The President of the Republic of Texas served a three-year term. They could not serve two terms in a row. This rule came from the Mexican Constitution. The Texas Constitution also allowed slavery. It had rules about who could live freely in the country or become a Texan citizen.

History of the Texas Constitution

How the Constitution Was Made

After Texas declared independence, a special meeting was held. This meeting was called a constitutional convention. An early government was set up during this time. On March 16, 1836, the convention approved the new constitution. They finished their work the very next day.

The war with Mexico ended on April 22, 1836. This happened after Santa Anna was defeated at San Jacinto. By June, the Republic of Texas was truly independent. Mexico did not officially recognize it, but they could not stop it. On July 23, 1836, interim President Burnet called for elections. People would vote to approve the constitution. They would also decide if Texas should join the United States.

The elections took place in September. The constitution was approved by the voters. Sam Houston was elected president. Mirabeau Buonaparte Lamar became his vice-president. The people also voted to try and join the United States.

Texas Becomes a State

On March 1, 1845, the United States Congress voted. They proposed that Texas join the US. This was called a joint resolution. On June 23, 1845, the Texas Congress agreed to this offer. President Anson Jones then called for a special meeting. This meeting happened on July 4, 1845.

At this meeting, Texas leaders discussed joining the US. They almost all agreed to it on July 4, 1845. The meeting continued until August 28. On August 27, they approved the Constitution of the State of Texas. On October 13, the people of Texas voted. They approved joining the US and the new state constitution. Finally, on December 29, 1845, the United States officially welcomed Texas as a new state.

Parts of the Constitution

The Constitution of the Republic of Texas had several main parts. These included nine sections, six articles, a schedule, General Provisions, and a Declaration of Rights.

Article I: Government Branches

Article I set up the three main parts of the government. These were the legislative, executive, and judicial branches.

• The legislative branch made the laws. It was called The Congress of the Republic of Texas. It had two parts: a Senate and a House of Representatives.
• Members of the House were chosen for one year. To be in the House, a person had to be at least 25. They also had to be a citizen and live in their district for six months.
• Senators were chosen for three years. They had to be at least 30. They also had to be citizens and live in their district for at least one year.
• The Vice President led the Senate. They could only vote if there was a tie.
• The President had to sign bills passed by Congress. If the President did not sign a bill, Congress could still make it a law. This required a two-thirds vote from both parts of Congress.

Article II: Powers of Congress

Article II explained what Congress could do.

• It gave Congress the power to collect taxes and borrow money.
• Congress was also in charge of making sure the republic was doing well.
• It could control trade and declare war.
• Congress also had to create and maintain a navy.

Article III: The President's Term

This article focused on the President of the Republic of Texas.

• The very first elected president served for two years.
• All other presidents served for three years.
• No president could serve two terms in a row.

Article IV: Courts and Counties

Article IV set up the court system.

• It created the Supreme Court.
• Congress could also create other, lower courts.
• The article also talked about how counties were set up. It allowed new counties to be formed.

Article V: Oaths and Office Holders

Article V required people taking office to make a promise.

• Members of Congress and other officials had to take an oath.
• It also said that religious ministers could not hold public office. The idea was that this would keep them focused on their religious duties.

Article VI: President's Role and Voting

Article VI added more details about the President's job.

• The President had to be at least 35 years old. They also had to be a citizen and live in Texas for at least three years.
• The President was the commander-in-chief of the army and navy. However, they needed Congress's permission to lead them personally.
• This article also explained who could vote. Any male citizen who was 21 and had lived in Texas for six months could vote. All elections were by secret ballot.

Schedule: Setting Up the Government

The "Schedule" part of the constitution dealt with setting up the first temporary government. This was needed because of the declaration of independence.

General Provisions: Laws and Rights

This section set out general laws, duties, and rights.

• People who had been found guilty of serious crimes could not hold office, vote, or be on juries.
• Congress was told to create and pay for a system of education.
• Any white person living in Texas for at least six months could become a citizen by taking an oath.
• The constitution allowed people to own slaves. Owners could not free their slaves without Congress's approval. Congress also could not pass laws that would end slavery or affect the slave trade.
• The head of a family was given a certain amount of land. Every man at least 17 years old was also given land.
• To change the constitution, a majority of both parts of Congress had to approve it. Then, the people had to vote on it.

Declaration of Rights: Freedoms for People

The Declaration of Rights explained how the government should treat people. It also listed the freedoms people had.

• All free, white men were to have equal rights.
• The power of the government came from the people.
• No religion was to be favored by law. People had the freedom to practice any religion they chose.
• Citizens had full freedom of speech. No laws could take this away.