Isabella Carter
Texas has had a unique history with several constitutional iterations. Between 1824 and 1876, Texas was part of the United States of Mexico, an independent republic, a state within the Confederate States of America, and a state within the United States of America. During the 1860s, Texas underwent significant constitutional changes, with three different constitutions in effect at various times. The state adopted constitutions in 1861, 1866, and 1869, each reflecting the political and social climate of the time. The 1861 constitution was drafted to transfer Texas statehood from the United States to the Confederate States of America. The 1866 constitution, drafted after the Civil War, granted certain rights to newly freed African Americans but also reflected a desire to restrict their freedoms. The 1869 constitution preceded the one that remains in force today, the 1876 constitution.
| Characteristics | Values |
|---|---|
| Number of Constitutions during the 1860s | 3 (1861, 1866, 1869) |
| Reason for 1861 Constitution | To transfer Texas statehood from the USA to the Confederacy |
| Reason for 1866 Constitution | To abolish slavery and grant civil rights to African Americans |
| Reason for 1869 Constitution | To restrict the state government and hand power back to the people |
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What You'll Learn
The Constitution of 1861
Texas has had a unique history as an entity, passing through many iterations. Between 1824 and 1876, Texas was at times a part of the United States of Mexico, an independent republic, a state within the Confederate States of America, and a state within the United States of America.
Additionally, the 1861 Constitution included provisions related to lotteries, prohibiting the state from authorising lotteries and banning the buying or selling of lottery tickets within Texas. It also addressed property rights, stating that a wife's property, both real and personal, owned or claimed before marriage or acquired afterward by gift, devise, or descent, would be considered her separate property, with laws to be passed to define the rights of the wife in relation to her separate property and that held in common with her husband.
The 1861 Constitution was one of several constitutions adopted in Texas during its history, including those of 1827, 1836, 1845, 1866, and 1869. The current Texas Constitution, adopted in 1876, is the seventh in the state's history.
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The Constitution of 1866
Texas has had a unique history, with several iterations between 1824 and 1876. During this time, Texas was part of the United States of Mexico, an independent republic, a state within the Confederate States of America, and a state within the United States of America. The state's constitution-making process reflects this dynamic history, with several constitutions drafted in response to shifting political alliances and circumstances.
The convention was marked by two strong factions: radical Unionists and radical secessionists. The resulting Constitution of 1866 had several key objectives. Firstly, it declared the Ordinance of Secession null and void, effectively cancelling Texas's previous alignment with the Confederacy. Secondly, it agreed to the abolition of slavery, bringing Texas in line with post-Civil War America. Thirdly, it provided some civil rights for freedmen, addressing the new social reality in Texas. Finally, it repudiated war debt, a critical point of contention that would later cause issues for the constitution's ratification.
Despite its efforts to align Texas with the post-war United States, the Constitution of 1866 ultimately failed to secure Texas's re-entry into the Union. This failure was due to several factors. Firstly, the constitution did not adequately repudiate Texas's war debt, leading to perceptions of Texas as a rebellious state unwilling to take responsibility for its financial obligations. Secondly, the political environment in Washington was dominated by Radical Republicans, who were less forgiving towards Southern states and imposed stricter conditions for readmission. Additionally, the inclusion of proscriptive clauses that conflicted with federal requirements for civil rights amendments further complicated Texas's bid for re-entry. As a result, Congress rejected the 1866 Constitution, and Texas was compelled to draft a new constitution in 1869 to address these issues and regain its place in the Union.
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The Constitution of 1869
Texas has had a unique history as an entity, with several iterations between 1824 and 1876. During the 1860s, Texas went through three constitutions: in 1861, 1866, and 1869.
One of the most notable aspects of the Constitution of 1869 was its statement in the Bill of Rights on the legal foundation of the document. While the previous constitution asserted basic state sovereignty, the new constitution acknowledged the supremacy of the Constitution of the United States in matters of law and accepted that the government of the United States was the ultimate source of sovereignty. It also embraced the demands of the Fourteenth and Fifteenth Amendments to the United States Constitution regarding citizenship and voting rights, defining the electorate as consisting of all males.
Overall, the Constitution of 1869 marked a shift away from state rights towards a more nationalistic view of the body politic. It proposed a more active role for the state government in promoting economic and social development through land grants, education, and the promotion of immigration. However, its centralizing tendencies and restrictions on the use of state resources for private corporations, such as railroads, prompted significant opposition, ultimately leading to the writing of a new constitution in 1876.
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Texas' secession from the Union
Texas has had a unique history, passing through many iterations. Between 1824 and 1876, Texas was at times a part of the United States of Mexico, an independent republic, a state within the Confederate States of America, and a state within the United States of America.
Texas seceded from the Union in 1861, becoming the seventh state to do so. The first official move for secession came on February 1, 1861, when a state convention voted 166 to 8 in favor of the measure. The issue then had to be ratified by a statewide referendum, which was held on February 23. After only 18 out of 122 counties went against secession, independence was officially declared on March 2. Texas was the last state to secede before the firing at Fort Sumter, which marked the start of the Civil War.
The election of Abraham Lincoln as President of the United States, and fears that Republican control of the executive branch would threaten slavery, precipitated the secession crisis in Texas. Texans were also influenced by South Carolina's decision to secede in December 1860. John Brown's raid on the federal armory at Harper's Ferry, Virginia, in October 1859, had also raised the spectre of a major insurrection of enslaved people.
Population and economic characteristics also influenced Texas's secession. The diversity of the state slowed the secession process and helped produce pockets of resistance to it. However, the recent immigration of many Texans from the lower South, and their dependence on cotton and slavery, influenced many to follow the lead of South Carolina and the rest of the lower South. In addition, the ability or inability of the United States Army to protect citizens influenced attitudes toward secession. Well-protected areas, where the army garrisons were also the best market for local goods and services, opposed secession, while poorly protected areas supported it.
After Texas seceded from the Union, the 1861 constitution was drafted to transfer Texas statehood from the United States of America to the Confederate States of America. This constitution did not significantly alter the 1845 constitution, but rather altered references from the United States to the Confederacy and required elected officials to take an oath of loyalty to the Confederate States of America.
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The Ordinance of Secession
Texas has had a unique history, with several iterations of statehood between 1824 and 1876. During the 1860s, Texas went through three constitutions, in 1861, 1866, and 1869. The Ordinance of Secession, which was adopted in 1861, was a pivotal moment in Texas history and had a significant impact on the state's constitution.
In 1866, a new constitution was adopted, declaring the Ordinance of Secession null and void and agreeing to the abolition of slavery. This constitution also provided for some civil rights for freed slaves and repudiated war debt. The 1866 constitution marked Texas's return to the Union and the rejection of the Ordinance of Secession and its implications.
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Frequently asked questions
Texas had three constitutions in the 1860s: 1861, 1866, and 1869.
The 1861 constitution was drafted to transfer Texas statehood from the United States of America to the Confederate States of America.
The 1866 constitution gave newly freed African-American men the right to sue or be sued, to contract and be contracted with, to acquire and transmit property, to obtain equal criminal prosecution under the law, and to testify in court. However, it did not allow them to hold public office or vote.
The Texas Constitutional Convention of 1875 met in Austin with the purpose of replacing the 1869 constitution. It was believed that the new constitution should restrict the state government and hand the power back to the people.
