Texas Constitutional Convention Of 1836

Texas convention declaring their independence from Mexico

The Convention of 1836 was the meeting of elected delegates in Washington-on-the-Brazos, Texas in March 1836. The Texas Revolution had begun five months previously, and the interim authorities, known as the Consultation, had wavered over whether to declare independence from Mexico or pledge to uphold the repudiated Mexican Constitution of 1824. Different those of previous Texas councils, delegates to the Convention of 1836 were younger, more than recent arrivals to Texas, and more than adamant on the question of independence. Every bit delegates prepared to convene, Mexican President Antonio Lopez de Santa Anna led a large army into Texas to quell the revolt; the vanguard of this army arrived at San Antonio de Bexar on Feb 23.

The Convention was called to order on March i, and the following day adopted the Texas Declaration of Independence, written past George Childress. Delegates elected an interim authorities, led past President David Yard. Burnet and adult a Texas Constitution, which they based primarily on the Constitution of the United states. On March 6 they received a missive from the Texan soldiers besieged at the Alamo, and consul and commander-in-chief Sam Houston narrowly persuaded the men to continue their piece of work on the constitution rather than blitz to assist the soldiers. After the Alamo brutal, Santa Anna's army marched towards Washington-on-the-Brazos, prompting the new government to flee.

Background [edit]

The Texas Revolution began October 2, 1835 with the Battle of Gonzales. The following month, previously elected delegates convened in a trunk known as the Consultation. These delegates served every bit a temporary governing body for Texas, as they struggled with the question of whether Texans were fighting for independence from Mexico or the reimplementation of the Mexican Constitution of 1824, which offered greater freedoms than the electric current dictatorship. Many Consultation members wished to defer independence until the United states of america was persuaded to support their struggle.^[i] The Consultation quickly degenerated into near anarchy, with the interim legislature indicting the acting Governor, who promptly disbanded the legislature.^[two]

On December ten, the Council passed a resolution calling for a new convention of delegates, to convene on March i, 1836.^[3] There was no consensus among Council members equally to what the new convention should attain. Some wanted the convention to course a new government for Texas, and others insisted on the preservation of the Mexican Constitution of 1824. 1 of the Consultation delegates wrote to Sam Houston that "I sincerely promise the Convention will remedy the existing evils and calm the Public since if non Texas must exist lost."^[4]

Over the next few months, the provisional government of Texas essentially collapsed. Past February, well-nigh Consultation members had returned home or to the ground forces.^[5]

By the end of 1835, no Mexican troops remained in Texas.^[six] Equally early on equally October, even so, Mexican President Antonio Lopez de Santa Anna had been making plans to quell the unrest in Texas. He stepped downwardly from his duties every bit president to lead what he dubbed the Ground forces of Operations in Texas, which would put an end to the Texas revolt.^[7] Personally leading his forces, Santa Anna crossed the Rio Grande on February 12.^[viii] Santa Anna and his accelerate force arrived in San Antonio de Bexar on February 23 and immediately initiated a siege of the Texas forces garrisoned at the Alamo.^[nine]

Delegates [edit]

Elections were scheduled for February 1, 1836. There was much disagreement throughout Texas as to whether voting rights should extend to Tejanos or recent arrivals from the U.s.a. who had joined the Army of the People. The Consultation had specified that voting rights would be extended to all Tejanos "opposed to a Central Authorities" and indicated that army volunteers could only vote past proxy in their home districts. This bill was vetoed by provisional governor Smith, who believed that no Tejanos should be allowed to vote.^[x] In an editorial, the Telegraph and Texas Register echoed the concerns of many that the newly arrived recruits "cannot be acquainted either with the country of the land or the grapheme and pretensions of the candidates" and advocated a residency requirement.^[ten] Considering the regular army was concentrated in only two areas, their numbers often overwhelmed those of the local residents.^[10]

The Consultation reorganized the voting districts. San Augustine, Harrisburg, and Gonzales each received four fewer delegates than in the past, and Milam received iii fewer delegates.^[11] With picayune actual guidance from the Consultation, voting in each municipality was discipline to local traditions. In some areas, such equally the Jackson district, citizens held a coming together in January to determine if they were for independence or federalism. Once consensus was reached that they wanted independence, only candidates who agreed with that platform were considered. Other areas offered no actual choice; in Mina, the only candidates to run for office were the local empresario, Sterling C. Robertson, and his nephew, George C. Childress. For most of the region, notwithstanding, candidates engaged in lively contend almost either the problems or the personalities of their opponents.^[iii]

The soldiers who had flocked to the ground forces were adamant to vote, regardless of how long they had actually been in Texas or whether they intended to stay. In at least one instance, in Matagorda, soldiers who had been discharged from service voted in the election while they were en route to the United States.^[ten] There was no consistency in how the votes of active volunteers were handled. In Goliad, soldiers held their own election for two delegates. In nearby San Patricio, locals refused to allow the soldiers to vote; their results were later on overturned by the Convention.^[10] Soldiers turned abroad in Refugio merely held their own ballot.^[10]

In the Nacogdoches district, soldiers under Sidney Sherman threatened violence after they were turned away from the polling place. Sherman vowed that he "had come to Texas to fight for information technology and has as soon commence in the boondocks of Nacogdoches every bit elsewhere."^[12] Broken-hearted to avert an armed fight, election judges asked the public to vote on whether the troops should exist allowed to vote. The soldiers lost by 30 votes, however refused to back down, insisting that the voting had been rigged.^[12] Finally, ane of the candidates, Thomas Jefferson Rusk, talked the judges into allowing the soldiers to vote. In the final results in Nacogdoches, Rusk and one other pro-independence candidate, Robert Potter, were named delegates, along with pro-federalist candidates John South. Roberts and Charles S. Taylor.^[13]

A similar melee was avoided in Bexar, where army commander James C. Neill worked out a compromise with local civilian government. The garrison held their own election to name two delegates, while Bexar citizens - primarily Tejanos - who took an adjuration of allegiance to the conditional regime could elect an boosted 4 men. The two men almost unanimously elected by the garrison, Samuel Bohemian and Jesse Badgett were staunch supporters of independence. Several soldiers also received votes in the locals' election, although the final delegates were locals. Soldier Amos Pollard threatened that if the locals did non vote for independence, they might want to rethink the idea of coming home.^[12]

This convention differed from the previous Texas councils of 1832, 1833, and the Consultation. Many of the delegates to the 1836 convention were young men who had only recently arrived in Texas, although many of them had participated in one of the battles in 1835. Well-nigh of the delegates were members of the War Party and were adamant that Texas must declare its independence from United mexican states.^[14]

A total of 59 delegates were elected to the Convention, 5 more than than were supposed to nourish. This was largely due to the extra elections soldiers had conducted.^[eleven] Over i-third of the delegates came from extreme due east or west Texas, areas not represented at the Consultation.^[11] Five delegates attended from the Cherry River commune, an expanse disputed between Texas and the United States (and now considered part of Arkansas).^[15] The delegates were largely new to politics; merely 13 of them had taken function in the Consultation, seven in the Conventions of 1832 or 1833, and but eight had held local office during Mexican dominion. Fewer than 20% of the delegates had participated in the 1835 Committees of Safety.^[xi] Neither the governor, Smith, or the acting governor, Robinson, were elected as delegates to the Convention.^[eleven] Notably, a few delegates did accept extensive public service experience. Lorenzo de Zavala was a former governor of the State of Mexico.^[16], and Jose Antonio Navarro had served in the Mexican legislature.^[11] Potter, Childress, Richard Ellis and Samuel Price Carson each had meaning political experience in the United States.^[17]

The boilerplate historic period of the Convention delegates was 37.4, over a year younger than those elected to the Consultation. They had lived in Texas an boilerplate of 4 years, a relatively depression length of fourth dimension considering that this included two men - Jose Francisco Ruiz and Navarro - who had been built-in in Texas. A full quarter of the delegates had lived in Texas less than a twelvemonth, and 42% for less than two years.^[11]

The army's influence was obvious. 40 percentage of the delegates (24 men) had served in the regular army in October–December 1835. Four other delegates were directly related to men serving in the army. These numbers meant the army bloc was just shy of a majority of delegates, ensuring that the army's needs would actually be addressed this time.^[15]

Proceedings [edit]

Forty-i delegates arrived in Washington-on-the-Brazos on February 28.^[14] The convention was convened on March 1 with Richard Ellis every bit president.^[xviii]

The delegates assigned George Childress to lead a commission of v to draft a Declaration of Independence. Childress, the nephew of empresario Sterling C. Robertson, had been elected to the Convention three weeks afterwards his arrival in Texas. The committee submitted its typhoon within a mere 24 hours, leading historians to speculate that Childress had written much of it before his arrival at the Convention.^[19] The declaration was approved on March 2 with no debate. Based primarily on the writings of John Locke and Thomas Jefferson, the declaration proclaimed that the Mexican regime "ceased to protect the lives, liberty, and property of the people, from whom its legitimate powers are derived"^[twenty] and complained about "arbitrary acts of oppression and tyranny".^[21] The annunciation officially established the Commonwealth of Texas.

Shortly after adopting the proclamation of independence, the delegates began to work on a new Constitution. Information technology drew heavily from the United States Constitution and included a announcement of rights (similar to the Neb of Rights) which guaranteed due procedure, the right of every citizen to conduct arms, and freedom of religion, voice communication, and press. The declaration of rights besides outlawed unreasonable search and seizure, debtors' prison house, and cruel or unusual punishments.^[22] It omitted the 3rd Subpoena to the United states of america Constitution and instead explicitly authorized the government to quarter troops in private homes and impress property every bit needed for the war endeavor.^[23]

In a deviation from the traditional Texas justice organization, the Constitution called for thou jury indictments and speedy public trials with juries. Dissimilar the United States Constitution, withal, the Texas Constitution codified racism. Costless blacks were forbidden permanent residence in Texas without consent of Congress, and citizenship could non be granted to Africans, their descendants, or Native Americans. Furthermore, the Constitution forbade the futurity Texas Congress from emancipating slaves, and instructed slaveholders non to emancipate their own slaves without Congress's consent.^[22] Citizenship was granted simply to white men.^[23] The new Constitution specifically stated that governmental say-so derived from the people, who thus had the right to defection to change their government.^[24]

The largest debates centered around state policy, as delegates struggled to balance the competing claims of natives, settlers, army volunteers, and colonizers.^[23] Every single proposal for a new land policy was sent back to committee or defeated, until the last day.^[25] The new policy benefited settlers and regular army volunteers, ensuring they would become the state promised when they emigrated. All surveys completed earlier November 1835 were validated, and any issued since - when the land offices were supposed to be closed - were vacated. All further surveys were banned until the new Congress could establish a land office. Additionally, three controversial land grants were overturned.^[26]

On the morning of March six, the Convention received a letter, dated March iii, from Alamo commander William B. Travis. Travis begged for supplies and reinforcements and described the danger he and his men constitute themselves in. Unaware that the fort had already fallen, delegate Robert Potter chosen for the Convention to curb and march immediately to relieve the Alamo. Sam Houston persuaded the delegates to remain in Washington-on-the-Brazos to finish working on the constitution. Houston then left to have command of the volunteers that Colonel James C. Neill and Major R.M. "Three-Legged Willie" Williamson had been gathering in Gonzales.^[27] Shortly afterwards Houston'due south arrival in Gonzales, Alamo survivors Susanna Dickinson and Joe, Travis'due south slave, arrived with news of a Mexican victory. On hearing their news, Houston advised all civilians in the expanse to evacuate and ordered the regular army to retreat.^[28] This sparked a mass exodus of Texans from the Anglo settlements.^[29]

Concerned that the existing army was not big enough, on March 12 the Convention issued a conscription police force.^[30] All able-bodied white and Tejano men between ages 17 and l were subject to military service. Local authorities would assign two-thirds of the men in their district to fight at any one time. Those who refused to serve would lose their citizenship and half of their property. Tejanos would not serve alongside the Anglos, but would instead take a split corps.^[31]

Afterwards finishing their constitution, the delegates organized an ad-acting government which would serve until the following October. Every bit president they chose David G. Burnet, who had not been elected to the Convention. Burnet had planned to bring together the fighting at the Alamo and had stopped at the Convention to recruit others. However, he became so "inspired by their deliberations" that he remained as a company. Speaking privately with many of the delegates, Burnet professed that he would exist willing to serve every bit president of a new republic, fifty-fifty if that made him a target of Santa Anna.^[32] Among the names most commonly circulated for the presidency were empresario Stephen F. Austin, Sam Houston, and William H. Wharton. All were absent from the convention, however, so the nominees became Burnet and Samuel Price Carson. Burnet won, on a vote of 29–23, in the early on hours of March 17.^[18] The delegates chose Lorenzo de Zavala every bit vice-president, Samuel P. Carson as Secretarial assistant of State, and Thomas J. Rusk as Secretarial assistant of State of war. Bailey Hardeman became Secretarial assistant of the Treasury, and David Thomas was elected Chaser General.

One of Burnet's first acts equally president was to transfer the capital letter of the new land from Washington-on-the-Brazos to Harrisburg, which was located nearer the small Texas Navy at Galveston Island. Harrisburg was too closer to the edge with the United States and would allow easier communication with U.Due south. officials. The move took on a sense of urgency when the convention received discussion that Santa Anna was within threescore miles (100 km) of Washington-on-the-Brazos. Burnet quickly adjourned the proceedings and the regime fled.^[18] Burnet personally carried the Texas Declaration of Independence in his saddlebags.^[33]

Footnotes [edit]

^ Roberts and Olson (2001), p. 98.
^ Roberts and Olson (2001), p. 100.
^ ^a ^b Lack (1992), p. 76.
^ Lack (1992), p.75.
^ Lack (1992), p. 73.
^ Barr (1990), p. 56.
^ Hardin (1994), p. 98.
^ Lord (1961), p. 73.
^ Todish et al. (1998), p. xl.
^ ^a ^b ^c ^d ^e ^f Lack (1992), p. 77.
^ ^a ^b ^c ^d ^e ^f ^thou Lack (1992), p. 83.
^ ^a ^b ^c Lack (1992), p. 79.
^ Lack (1992), p. 81.
^ ^a ^b Roberts and Olson (2001), p. 142.
^ ^a ^b Lack (1992), p. 85.
^ "A Guide to the Lorenzo De Zavala Papers, 1818-1936". lib.utexas.edu. Dolph Briscoe Centre for American History, The University of Texas at Austin. Retrieved 2 February 2017.
^ Lack (1992), p. 88.
^ ^a ^b ^c Davis (1982), p. 38.
^ Roberts and Olson (2001), p. 144.
^ Roberts and Olson (2001), p. 145.
^ Roberts and Olson (2001), p. 146.
^ ^a ^b Roberts and Olson (2001), p. 147.
^ ^a ^b ^c Lack (1992), p. 90.
^ Lack (1992), pp. 89-90.
^ Lack (1992), p. 91.
^ Lack (1992), p. 92.
^ Edmondson (2000), p. 375.
^ Todish et al. (1998), p. 67.
^ Todish et al. (1998), p. 68.
^ Lack (1992), p. 93.
^ Lack (1992), p. 94.
^ Davis (1982), p. 37.
^ Davis (1982), p. 39.

References [edit]

Barr, Alwyn (1996). Black Texans: A history of African Americans in Texas, 1528–1995 (2nd ed.). Norman, OK: University of Oklahoma Press. ISBN0-8061-2878-X.
Davis, Joe Tom (1982). Legendary Texians. Vol. 1. Austin, Texas: Eakin Press. ISBN0-89015-336-one.
Edmondson, J.R. (2000). The Alamo Story-From History to Current Conflicts. Plano, TX: Republic of Texas Press. ISBN1-55622-678-0.
Hardin, Stephen Fifty. (1994). Texian Iliad. Austin, TX: University of Texas Press. ISBN0-292-73086-ane.
Lack, Paul D. (1992). The Texas Revolutionary Feel: A Political and Social History 1835–1836. Higher Station, TX: Texas A&M University Press. ISBN0-89096-497-1.
Lord, Walter (1961). A Time to Stand. Lincoln, NE: University of Nebraska Press. ISBN0-8032-7902-7.
Roberts, Randy; Olson, James Southward. (2001). A Line in the Sand: The Alamo in Claret and Memory. The Complimentary Press. ISBN0-684-83544-4.
Todish, Timothy J.; Todish, Terry; Spring, Ted (1998). Alamo Sourcebook, 1836: A Comprehensive Guide to the Battle of the Alamo and the Texas Revolution. Austin, TX: Eakin Press. ISBN978-ane-57168-152-two.

External links [edit]

Journals of the Convention at Washington, 1836 from Gammel's Laws of Texas, Vol. I. hosted past the Portal to Texas History.
Lonely Star Junction: Convention of 1836