Omar Bennett
The Texas Constitution of 1836, also known as the Constitution of the Republic of Texas, legalized and protected slavery in the new nation. After declaring independence from Mexico, Texan delegates drafted a constitution that reinforced slaveholder rights and allowed for expanded immigration by slaveholders. This constitution solidified the importance of slavery in Texas and ensured that the practice would continue in the state, even as it transitioned from a republic to statehood. The legalization of slavery in Texas had far-reaching consequences, shaping the demographics and economy of the state and contributing to tensions with the Mexican government and other regions within the United States.
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What You'll Learn
The Texas Constitution of 1836
Texas has a long and complex history with slavery, which was a driving force in its transition from a colonial territory to a US state. The Texas Constitution of 1836, drafted after Texas declared its independence from Mexico, legalized and protected slavery in the new nation.
The history of slavery in Texas began during its time as a Mexican colonial territory. In 1829, President Vicente Guerrero of Mexico issued a decree abolishing slavery throughout the Republic of Mexico. This alarmed Anglo settlers in Texas, who petitioned for an exemption, which was granted. However, the Mexican federal and state governments continued to threaten to restrict or abolish slavery in Texas, which caused tension and was an underlying cause of the Texas Revolution in 1835-1836. During this period, Texans worried that Mexicans would free their slaves or cause a servile insurrection.
After declaring independence on March 2, 1836, Texan delegates began drafting a constitution for the new Republic of Texas. The delegates, who represented twenty-one municipalities, debated how the new nation would be governed. Notably, the subject of slavery was not up for debate. The constitution's wording reinforced the rights of slaveholders and allowed for expanded immigration by slaveholders. It also included provisions that forbade any slave owner from freeing enslaved people without congressional approval and prohibited Congress from passing laws that restricted the slave trade or emancipated the enslaved. This solidified the importance of slavery in Texas from its founding and reflected the racist attitudes of Texas's leaders.
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The role of slaveholders
The Texas Constitution of 1836 played a significant role in solidifying the rights of slaveholders and protecting their interests. The constitution explicitly legalised slavery, allowing individuals to own enslaved people. This decision reflected the Southern traditions prevalent among many Texan settlers, particularly those from the Southeastern United States, who viewed slavery as essential for their agrarian and agricultural economy, especially in cotton production.
The constitution also included provisions that excluded free blacks from residing in Texas. This was done to preserve the racial hierarchy and prevent potential threats to the existing social order, and maintain the social control that came with it. The prevailing social attitudes in Texas at the time were generally supportive of slavery, and most Texans believed that African Americans were inferior to whites.
The constitution also made it difficult for slaveholders to free their enslaved persons without congressional approval. This ensured that the enslaved remained in a state of servitude and reinforced the power dynamic between slaveholders and the enslaved. The economic success of slaveholders, especially those with large plantations, also contributed to their social influence. Their wealth and status made them the social ideal for many other Texans, further solidifying the acceptance and normalisation of slavery in Texas.
In summary, the Texas Constitution of 1836 played a crucial role in protecting the interests of slaveholders, maintaining the institution of slavery, and ensuring its expansion. The role of slaveholders in Texas was significant, and they had a strong influence on the government's stance, with the constitution reflecting their desires and concerns.
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The status of enslaved people
The Texas Constitution of 1836 defined the status of enslaved people and people of colour in the Republic of Texas. It made slavery legal in Texas and gave more protection to slaveholders while further restricting the lives of enslaved people through new slave codes. The constitution also made it illegal for slave owners to emancipate their slaves without the consent of Congress and forbade Congress from passing any law that restricted the slave trade or emancipated the enslaved.
The constitution stated that "all persons of colour, who were slaves for life previous to their emigration to Texas, and who are now held in bondage, shall remain in the like state of servitude". It also allowed for expanded immigration by slaveholders, stating that "Congress shall pass no law to prohibit Emigrants from the United States of America from bringing their Slaves into the Republic with them, and holding them by the same tenure by which such Slaves are held within the United States".
The Texas Constitution of 1836 solidified the importance of slavery in Texas and contributed to the rapid growth of the state's enslaved population. By 1845, when Texas joined the United States, the enslaved population had increased to 30,000, and by 1850 the census listed 58,161 enslaved African Americans in the state. The institution of slavery in Texas did not end until June 19, 1865, when an order enforcing the Emancipation Proclamation was read in Galveston.
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The impact on free Black Texans
The Texas Constitution of 1836 had a significant impact on free Black Texans, as it sought to remove all free persons of color from the state unless they obtained permission from Congress to remain. This meant that even individuals like Greenberry Logan, who had served in the Texas military, had to petition to continue living in Texas. The Constitution also solidified the importance of slavery in Texas, protecting slaveholders and further restricting the rights of enslaved people.
Free Black Texans faced increasing legal constraints and violence following Texas's independence. The Texas Legislature passed restrictive laws, including a ban on all free Black people from the Republic. This forced many to leave the state or face enslavement. Those who remained struggled with new laws that controlled various aspects of their lives, such as labor, vagrancy, and apprenticeship.
The Texas Constitution of 1836 also contributed to the expansion of slavery in the state. By protecting slaveholders and allowing the importation of slaves, the enslaved population in Texas rapidly grew. Between 1836 and 1845, the enslaved population increased by 500%, from 5,000 to 30,000. This growth was driven primarily by White families from the Southern United States bringing enslaved people to Texas.
The long-term impacts of the Texas Constitution of 1836 on free Black Texans were significant. It set the stage for legalized racial segregation and the enactment of Jim Crow laws in the late 19th century. Additionally, the legacy of enslavement continued to affect newly freed Black Texans even after emancipation, as they struggled to earn a living, gain an education, and participate in politics.
Overall, the Texas Constitution of 1836 had far-reaching consequences for free Black Texans, shaping their legal status, rights, and opportunities well into the future. It reflected the racist views of the time and entrenched slavery as a key social and economic institution in Texas.
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The economic implications of slavery
The Texas Constitution of 1836, which came into effect after Texas declared independence from Mexico, legalized slavery and defined the status of enslaved people and people of colour in the Republic of Texas. It also protected the rights of slaveholders and allowed for the expansion of slavery in the region.
Slavery in Texas was primarily driven by economic motivations. The labour of enslaved people was used to cultivate profitable cash crops, such as cotton, and to produce commodities such as sugar and cattle. Cotton, in particular, was the most valuable commodity in the Atlantic world by 1820, and slavery provided the necessary labour to grow it on a large scale. This resulted in a significant increase in cotton production, with a 600% rise during the 1850s. The use of slave labour also allowed for the cultivation of foodstuffs, contributing to self-sufficiency in Texas.
The economic impact of slavery in Texas extended beyond agriculture. The exportation of goods in slave-owning areas surpassed that of non-slave-owning regions. For example, the Brazos department, which included Austin's colonies, exported 600,000 pesos worth of goods, including cotton and cattle. This highlights the economic advantages that slavery provided to certain regions.
However, there are also arguments that slavery may have hindered economic modernization in Texas. The establishment of slavery as a key social institution made planters and slaveholders content with their economic position, reducing their incentive to engage in commerce and industry. This could have potentially slowed down the state's general economic development and industrialization.
The profitability of slavery in Texas is a complex issue. While it provided individual slaveholders with a profitable business investment, the overall economic implications for the state are less clear. The expansion of slavery also contributed to social and demographic changes in Texas, with the eastern quarter of the state, heavily reliant on slave labour, becoming the westernmost extension of the Deep South.
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Frequently asked questions
Yes, the Texas Constitution of 1836 legalized slavery. Section 9 of the General Provisions of the Constitution ratified in 1836 made slavery legal in Texas and defined the status of enslaved people and people of color.
The estimated enslaved population in Texas in 1836 was 5,000.
People of color who had been servants under Mexican law became property. Free persons of African descent were required to petition the Texas Congress for permission to continue living in the country.
The Texas Constitution of 1836 solidified the importance of slavery and gave more protection to slaveholders. It also further controlled the lives of enslaved people through new slave codes.
