Jonah Patel
The Reconstruction Era in Texas was a tumultuous period marked by economic and social upheaval. Texas experienced hardship due to trade barriers and shortages, and the influx of newcomers fleeing the Deep South further strained resources. The end of the Civil War and emancipation of slaves sparked widespread violence targeting freedmen, and the state's legislature passed laws restricting the rights of African Americans. The 1866 Constitution, which did not grant African Americans the right to vote or hold public office, reflected the desire to maintain the pre-war status quo. The 1869 Constitution, however, granted full citizenship rights to African Americans and called for a centralized government with a powerful governor. This constitution was unpopular, and Texans replaced it in 1876 with a new one that severely limited the governor's power.
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What You'll Learn
The 1866 constitution
Texas's first Reconstruction Constitution, adopted in 1866, was the state's sixth constitution in its history. It was approved by Texans, who were always fearful of a strong central government. The 1866 Constitution was approved after the Civil War, when Texas was under military control from the United States. It was an attempt to realign the state's governance with the United States following the war. It repealed the provisions made during the Confederate era and sought to align Texas laws with those of the Union.
The delegates of the 1866 Constitutional Convention included prominent prewar and Confederate leaders, and they shared power with moderate Unionists. The delegates renounced the right of secession and proclaimed Texas's act of secession null and void. They accepted the abolition of slavery and granted basic rights to African Americans, but they did not concede Black suffrage. They also repudiated the state's war debt and validated all laws of the state government during the war that did not conflict with the United States Constitution or the state constitution prior to secession.
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The 1869 constitution
The Constitution of 1869 was produced by the Constitutional Convention of 1868-1869, which was controlled by a combination of Moderate and Radical Republicans. The constitution they produced reflected their Unionism, acceptance of Congressional Reconstruction, and vision of a different Texas from that existing prior to Reconstruction. The 1869 Constitution contained elements that were markedly different from the constitution that preceded it, and its unique character may best be understood through a comparison with the Constitution of 1866.
One of the most radical aspects of the 1869 Constitution was its statement in the Bill of Rights on the legal foundation of the document. The earlier 1866 Constitution had asserted basic state sovereignty, declaring that the document represented the extension of political power inherent in the people of the state. In contrast, the 1869 Constitution acknowledged the supremacy of the US Constitution in matters of law and accepted the theory that the US government was the ultimate source of sovereignty. The new constitution provided that it could only be changed with the consent of the national government.
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The 1876 constitution
Texas's experience during Reconstruction influenced the creation of its 1876 constitution. The 1876 constitution was framed by the Constitutional Convention of 1875 and adopted on February 15, 1876, by a vote of 136,606 to 56,652. It remains the basic organic law of Texas.
The Reconstruction era in Texas was marked by political, social, and economic changes. Under the plan for restoring the South to the Union, the president appointed provisional governors for each state, tasked with nullifying the act of secession, abolishing slavery, and repudiating the state's Confederate debt. The delegates to the convention were required to take an oath of amnesty and included prominent prewar and Confederate leaders. While they made some concessions, such as granting basic rights to Blacks, they did not concede Black suffrage and were reluctant to go beyond the minimum requirements for readmission to the Union.
The 1866 constitution, which did not allow African Americans to hold public office or vote, reflected the desire to restore Texas to its pre-war state and restrict the rights of African Americans. The 1876 constitution, on the other hand, was shaped by the delegates' lack of faith in the government due to their experiences during Reconstruction. It severely limited the power of officials, including the governor, and slashed their salaries and terms of office.
The document also included provisions on land titles and land law, debtor relief, judicial procedures, marital relations and adoption, and water and mineral rights. It provided for homestead grants, protection against forced sales of homesteads for debt, and the establishment of the University of Texas. It declared railroads to be common carriers, prohibited their consolidation, and authorized the legislature to enact regulatory laws. Additionally, it prohibited the state from chartering banks and mandated the establishment of private corporations.
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The impact of the Civil War
Texas's experience during the Civil War was characterised by turmoil and hardship. While only a few battles were fought in the state, the war's impact was widespread. A Union blockade of Texas's major port at Galveston disrupted trade, and Union troops seized the port in 1862. This, along with damaged transportation networks and blockades on cotton exports, led to shortages of many kinds for Texas residents.
The war's end and the start of Reconstruction brought further challenges. Texas was the last Confederate state to be informed of General Robert E. Lee's surrender, only receiving official news on June 19, 1865—now celebrated as Juneteenth. Union forces, led by General Gordon Granger, arrived in Galveston to occupy the state and emancipate all slaves. Texans had to pledge loyalty to the Union, abolish slavery, and declare secession as illegal. Many former slaves struggled to build new lives, and freedmen became targets of widespread violence.
The war's economic impact persisted during Reconstruction, with people from older Southern states, facing economic woes, viewing Texas as a place of opportunity due to its extensive public lands. A wave of newcomers, including White and Black Americans, as well as European immigrants, flooded the state. This influx brought social and economic problems generated by their war experiences.
The political landscape during Reconstruction was tumultuous. Texas's 1866 constitution, while granting some rights to African Americans, did not allow them to hold public office or vote. The state legislature refused to ratify the 13th and 14th Amendments, aiming to restrict African American rights. The power struggle between Unionists and those seeking a return to pre-war Texas persisted, with former Confederate leaders reasserting themselves politically.
The Constitution of 1869, ratified by Texas voters, granted full citizenship to African Americans and centralised power in the governor's role. This constitution was unpopular, and in 1876, Texans replaced it with a new one that severely limited the governor's power, reflecting a wariness of a strong central government.
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The emancipation of slaves
Texas was the last frontier of chattel slavery in the United States. Between 1821 and 1865, slavery spread over the eastern two-fifths of the state, an area nearly as large as Alabama and Mississippi combined. The motivation for bringing slaves to Texas was primarily economic—their labour was used to grow cotton, which was the most valuable commodity in Texas by 1820.
The Texas Constitution of 1836 made slavery legal again in Texas and defined the status of enslaved people and people of colour in the Republic of Texas. People of colour who had been servants under Mexican law would now become property. The Constitution also stated that Congress should pass no law restricting emigrants from bringing their enslaved people into Texas, and that Congress did not have the power to emancipate enslaved people.
Slavery was theoretically abolished by President Abraham Lincoln's Emancipation Proclamation in 1863, which proclaimed that all slaves in territories that were in rebellion against the United States were free. However, since the U.S. government did not have effective control of these territories, many people who were proclaimed to be free by the Proclamation were still held in servitude until those areas came back under Union control.
On June 19, 1865, Union General Gordon Granger arrived in Galveston with over 2,000 federal troops and announced the emancipation of all slaves in Texas. This day came to be known as "Juneteenth" by the newly freed people in Texas. The emancipation of slaves in Texas marked the beginning of Reconstruction, a period of great hope, uncertainty, and struggle for the nation as a whole.
For many former slaves, freedom from bondage provided limited opportunities for building new lives. Freedmen became the primary targets of widespread violence that followed the war's end. They faced challenges in finding jobs, and many were illiterate and lacked academic knowledge. Additionally, the sharecropping system that replaced slave labour kept African Americans in poverty and subservience to white male landowners for years to come.
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Frequently asked questions
The Reconstruction Era in Texas was a period of significant political, social, and economic changes following the Civil War. It officially began on June 19, 1865, when Union forces landed in Galveston, Texas, to occupy the state and emancipate all slaves. This era was marked by widespread violence, economic hardships, and social unrest as Texas struggled to adjust to the post-war reality.
The Reconstruction Era led to the creation of a new Texas Constitution in 1869, which granted full citizenship rights to African Americans, established a system of public education, and centralized power in the hands of the governor. However, despite these progressive measures, the Constitution of 1869 was unpopular among Texans, and it was replaced by a new constitution in 1876, which severely limited the governor's power.
The Texas Constitution of 1876 was a response to the perceived overreach of federal power during Reconstruction. It limited the power of the governor, protected the rights of landowners, and reflected a general suspicion of strong central government. This constitution remains the basic law in Texas today, shaping the state's political and legal landscape.
