Omar Bennett
The Reconstruction Era in Texas was a period of significant political, social, and economic changes. The state's first reconstruction constitution was adopted in 1866, which removed the guarantee of slavery that was present in Texas's previous constitutions. This constitution, however, did not allow African Americans to hold public office or vote. It wasn't until 1876 that Texas adopted a new constitution, which remains the basic law in the state today. This constitution declared Texas a free and independent state and included a lengthy bill of rights that guaranteed liberty of speech and press, among other freedoms. The 1876 constitution also limited the power of the governor and revamped basic suffrage requirements.
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What You'll Learn
The 1866 Constitution
Texas has had several constitutions throughout its history, owing to its unique path from Mexican statehood to independence, to joining the Confederacy, and finally to joining the Union. The 1866 Constitution was adopted at the end of the American Civil War, when Texas was under federal jurisdiction.
Due to dissatisfaction from Congress over the leniency of Texas's Reconstruction policies, further changes were required. In 1867, an anti-Johnson Congress passed the First Reconstruction Act, which wiped out the ten southern state governments and grouped them into five military districts. This ushered in the era of Congressional Reconstruction, which required Texas to have another constitutional convention, with delegates elected by all male citizens over the age of 21, regardless of race. The convention wrote a new state constitution that provided for universal adult male suffrage. When the constitution had been written and the state had ratified the Fourteenth Amendment, Congress considered the case for readmission to the Union.
Texas was readmitted to the Union in 1870, after ratifying the Fourteenth and Fifteenth Amendments. However, the Reconstruction era was not yet over. In 1872, a former Confederate officer was elected governor, and the sharecropping system replaced slave labor, keeping African Americans in poverty and subservience. The Constitution of 1876, which remains the basic law in Texas today, reflected the lack of faith in the government that Texans had formed during the Reconstruction years, slashing the power and salaries of officials.
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Freed Black men's rights
The Reconstruction Era in Texas was a period of political, social, and economic change. It was marked by intense violence and social turmoil, with long-lasting implications at the local, state, and federal levels. The era witnessed a reckoning with the destruction wrought by the Civil War, as state and national governments worked to reintegrate Confederate states into the Union.
During this time, Texans had to navigate a new political landscape under the provisions of Congressional Reconstruction. This included holding a constitutional convention with delegates elected by all male citizens over 21, regardless of race or previous servitude. The only exceptions were felons and those disfranchised for their role in the rebellion. The convention was tasked with drafting a new state constitution that provided for universal adult male suffrage.
The 1866 constitution, however, did not grant African Americans the right to hold public office or vote. The newly elected 11th Texas Legislature, which met in August 1866, refused to ratify the 13th and 14th Amendments, maintaining Texas's stance against the abolition of slavery and citizenship for African Americans. This legislature aimed to restore Texas's pre-war status and restrict African Americans' rights.
Despite these challenges, newly freed Black men gained certain rights during this period. The 1866 Constitutional Convention gave them the right to sue and be sued, enter into contracts, acquire and transfer property, and receive equal criminal prosecution under the law. They also began to demand protection under the law to guarantee their freedom, recognizing that gaining the right to vote was essential for their freedom. This led to the creation of the Austin Freedmen's Society, which became part of the state's Republican Party.
The period also saw the emergence of Black political leaders such as George T. Ruby and Matthew Gaines, who served in the Texas Legislature and advocated for the rights of freedpeople. They pushed for resolutions protecting Black voters and supported public education and prison reform. However, they were forced out of office when Texas Democrats, controlled by former slave owners, regained power.
The Reconstruction Era in Texas culminated with the Constitution of 1876, which remains the basis of Texas law today. This constitution severely limited the governor's power, reflecting Texans' wariness of a strong central government. The election of a former Confederate officer as governor in 1872 further demonstrated the state's resistance to Reconstruction policies.
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The 13th Amendment
Texas's 1866 Constitutional Convention gave newly freed African-American men several rights, including 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 orally in any case involving another African American. However, the 1866 constitution notably did not allow African Americans to hold public office or vote. When the newly elected 11th Texas Legislature met in August 1866, they refused to ratify the 13th Amendment.
An anti-Johnson US Congress was elected in late 1866, and in March 1867, they passed the First Reconstruction Act, which ushered in the era of Congressional Reconstruction. This act wiped out the ten southern state governments and grouped them into five military districts. Texans now had to take new steps for restoration. They had to hold another constitutional convention, with delegates elected by all male citizens over the age of 21, regardless of race. Congress required that this convention write a new state constitution that would provide for universal adult male suffrage.
Texas was fully restored to the Union when the legislature ratified the 13th Amendment. This was completed by the Twelfth Legislature, which assembled in Austin in February 1870. They adopted the 14th and 15th Amendments and selected US senators, completing the requirements set by Congress for readmission. On March 30, 1870, President Ulysses S. Grant signed the act that readmitted Texas to the Union. The Constitution of 1876 marked the official end of Reconstruction in Texas and remains the basic law in the state today.
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The 14th Amendment
The Reconstruction Era in Texas was a period of significant political, social, and economic changes. It was marked by efforts to restore the South to the Union and address the status of newly freed African Americans. While the 13th Amendment abolished slavery, the 14th Amendment played a crucial role in granting citizenship and equal rights to African Americans in Texas and across the United States.
One of the key provisions of the 14th Amendment was the Citizenship Clause, which states: "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside." This clause established a broad definition of citizenship, ensuring that African Americans could no longer be denied their rights as citizens. It also laid the foundation for future civil rights legislation and legal challenges to discriminatory laws and practices.
Another important component of the 14th Amendment was the Equal Protection Clause, which states: "No state shall make or enforce any law which shall abridge the privileges or immunities of US citizens; nor shall any state deprive any person of life, liberty, or property without due process of law, nor deny to any person within its jurisdiction the equal protection of the laws." This clause established the principle of equal protection under the law, prohibiting states from enacting laws that would treat citizens unequally or deny them their fundamental rights. It became a crucial tool in challenging discrimination and ensuring equal rights for African Americans.
In Texas, the journey towards ratifying the 14th Amendment was complex. The state's 1866 Constitutional Convention fell short of meeting the requirements for readmission to the Union, as it did not include African-American delegates and aimed to restrict the rights of African Americans. However, with the enactment of the First Reconstruction Act in March 1867, Texas, along with other southern states, was grouped into military districts, paving the way for Congressional Reconstruction. This led to the election of a new legislature, which, in 1870, approved the 14th and 15th Amendments, completing the requirements for Texas's readmission to the Union.
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The 1876 Constitution
The Constitution of 1876, also known as the Texas Constitution of 1876, is the basic law that governs the state of Texas in the United States. It was framed by the Constitutional Convention of 1875 and adopted on February 15, 1876, by a vote of 136,606 to 56,652. This constitution is notable for severely limiting the power of the governor and other officials, reflecting the lack of faith in the government that Texans had formed during the Reconstruction Era.
One of the most significant aspects of the 1876 Constitution was its restriction on government power. It slashed the authority, salaries, and terms of office for officials, including the governor, and established a bicameral legislature with a Senate and a House of Representatives. This reflected the widespread sentiment of Texans, who have always been wary of a strong central government.
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Frequently asked questions
The Constitution of 1876, which remains the basic law in Texas today, ushered in the Reconstruction Era in Texas.
The Constitution of 1876 declared that Texas was a free and independent state, subject only to the Constitution of the United States, that all free men have equal rights, and that the writ of habeas corpus could not be suspended or unduly delayed.
The Constitution of 1876 contained some provisions that were uniquely Texan, many of which were products of the state's history. Some may be traced to Spanish and Mexican influence, including sections on land titles, land law, debtor relief, judicial procedures, marital relations and adoption, and water and mineral rights.
The Constitution of 1876 brought sweeping changes to the judiciary, with almost complete rewriting of the article on the judiciary. It also removed original limitations on public education and permitted the expansion of the public school system.
The Constitution of 1876 relieved some of the burden of detail imposed on the governor's office and revamped the basic suffrage requirements. It also established an ever-growing number of specifically allocated funds in the state treasury.
