Texas Declaration of Independence

• George Childress was credited the sole author of the Texas Declaration of Independence.

• The committee presented the declaration on March 2, therefore, this day became Texas Independence Day.

• The Constitution was complete by March 16. So the delegates formed an ad interim government and elected Sam Houston as commander-in-chief of the Texas military.

• Other decisions include: 1. all males ages 17 to 50 to serve in the Texas army 2. offered land grants to those who volunteered in the war

• During these two weeks, they continued to receive news of the events at the Alamo in San Antonio.

• The delegates had only a short time to write both the Declaration of Independence and Constitution of Texas. They decided to use documents that were already familiar to them.

• Most were familiar with the U.S. Constitution by Thomas Jefferson. Therefore, most of the Texas Constitution used it as a model.

• The Constitution also included rights from Spanish and Mexican cultures.

• The U.S. Declaration starts with a Bill of Rights, so the Texas Declaration included something similar, including liberties violated by Santa Anna. This began with a justification of the colonists' actions for asking for these rights.

• In 1836 Texans were without the following: 1. freedom of religion 2. right to trial by jury 3. right to bear arms 4. right to petition the government.

• It also included that Texan protests were met with military force.

• Both included three branches of government (legislative, judicial, executive). Both also included a similar Bill of Rights, that guaranteed certain basic freedoms.

• Some features of the Texas Constitution were based on practices common in Spanish and Mexican law courts.

• Both husbands and wives could have community property, or property obtained during the course of marriage.

• The constitution protected those in debt. It had clear rules about property ownership.

• Some unique provisions such as ministers and priests could not hold public office because of strict rules of separation of church and state.

• Not all people were treated equally.

• The Texas Constitution made slavery legal, and people moving into Texas had the right to bring enslaved people. They were also denied the right to be freed.

• Native American rights were also left out of the Constitution. A treaty with the Cherokee Nation was discussed, but the convention didn't approve it.

• Free African Americans even had to get permission from the legislature to live in Texas.

• Because Santa Anna was approaching quickly, this effected the Convention and their decisions.

• They set up an Ad Interim government, which was temporary until officials could be elected officially as there was no time to hold formal elections.

• The first president became David G. Burnett.

• Sam Houston was elected unanimously as commander-in-chief of the army AND the volunteers.

• There were frequent reports regarding the Alamo and many delegates wanted to leave to join the fight, but Houston convinced them to stay, stressing the importance of their work.

• Houston left the Convention to take command of the army at Gonzales. By March 11th, the Alamo had already fallen.

• On March 15, this news reached the convention and that Santa Anna was marching towards Washington-on-the-Brazos. This caused delegates to flee to safety.

• President Burnet and his cabinet headed southeast to newly Harrisburg (present-day Houston).

• As Santa Anna approached there as well, they again fled to Galveston.

***Points to Remember***

-George Childress is considered the sole author of the Texas Declaration of Independence.

-The Texas Constitution included a Bill of Rights, just like the United States Constiitution.

-The Texas Constitution includes features from Spanish and Mexican law courts.

-All settlements were represented at the Convention of 1836.

-The Convention of 1836 took place as Santa Anna’s army entered San Antonio.

-The Texas and the U.S. Declarations of Independence both included a justification (reason why) of the colonists' actions.

-Spanish and Mexican law courts reflected the idea that both husbands and wives could own community property in the Texas Constitution of 1836.

-Most of the delegates at the Convention of 1836 were not native Texans, but from many other places including the United States and Europe.

-Most delegates agreed in upholding the Constitution of 1824 at the Convention of 1836.

-At the Convention of 1836, they had to form an ad interim government because there was no time to hold elections due to the fact that Santa Anna was marching an army towards them.