Omar Bennett
The Texas Constitution of 1836, also known as the Constitution of the Republic of Texas, was drafted after Texas declared its independence from Mexico on March 2, 1836. The constitution addressed the issue of slavery, which had been a source of tension between Anglo-American settlers and the Mexican government. While Mexico had officially outlawed slavery in 1829, exceptions were made for American settlers in Texas, and the practice continued. The Texas Constitution of 1836 endorsed slavery and provided protections for slaveholders, while further restricting the rights and freedoms of enslaved people and free people of color. It solidified the importance of slavery in Texas and contributed to the rapid growth of the enslaved population in the region.
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What You'll Learn
The constitution endorsed slavery
The Texas Constitution of 1836 endorsed slavery and opposed rights for people of colour and women. The constitution gave more protection to slaveholders, while further restricting the lives of enslaved people through new slave codes. It also solidified the importance of slavery in Texas from its founding.
Section 9 of the General Provisions of 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... Congress shall pass no laws to prohibit emigrants from bringing their slaves into the republic with them, and holding them by the same tenure by which such slaves were held in the United States; nor shall congress have the power to emancipate slaves; nor shall any slave holder be allowed to emancipate his or her slave without the consent of congress, unless he or she shall send his or her slave or slaves without the limits of the republic.
The wording of the constitution approved by delegates reinforced slaveholder rights at the expense of those enslaved and allowed for expanded immigration by slaveholders. It also ensured that slavery was legal in Texas and defined the status of enslaved people and people of colour in the Republic of Texas. This was in line with the views of Anglo-American settlers, who wanted to replicate the economic, social, and political systems of the American South in Texas.
The Texas Constitution of 1836 also had a significant impact on the enslaved population in the state. When the constitution came into effect in 1836, the estimated enslaved population in Texas was 5,000. By 1845, when Texas joined the United States, the enslaved population had swelled to 30,000—a 500% increase. The institution of slavery did not end in Texas until June 19, 1865, when an order enforcing the Emancipation Proclamation was read in Galveston.
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It opposed rights for people of colour and women
The Texas Constitution of 1836 opposed rights for people of colour and women. It endorsed slavery and further entrenched racial inequality. The constitution's wording reinforced slaveholder rights at the expense of the freedom and rights of enslaved people. It also allowed for expanded immigration by slaveholders.
Section 9 of 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... Congress shall pass no laws to prohibit emigrants from bringing their slaves into the republic with them, and holding them by the same tenure by which such slaves were held in the United States; nor shall congress have the power to emancipate slaves; nor shall any slave holder be allowed to emancipate his or her slave without the consent of congress, unless he or she shall send his or her slave or slaves without the limits of the republic.
The constitution's General Provisions also forbade any slave owner from freeing enslaved people without the consent of Congress and forbade Congress from making any law that restricted the slave trade or emancipated the enslaved. This solidified the importance of slavery in Texas from its founding.
The Texas Constitution also sought to remove all free people of colour from the state unless they obtained permission from Congress to remain in Texas. The Texas Legislature passed increasingly restrictive laws governing the lives of free blacks, including a law banishing all free black people from the Republic of Texas.
The Texas Constitution's denial of rights to people of colour was underpinned by the racist views of many white Texans, who considered themselves socially superior to black people. This belief was a significant factor in the desire of Anglo-American settlers to preserve and expand slavery in Texas. The economic success of slave-owning planters reinforced the idea of black inferiority and the need to maintain the social order.
The Texas Constitution of 1836 also opposed rights for women. While the specific wording of this denial is unclear, it is known that citizenship was open only to white men. Women, along with Africans, descendants of Africans, and Indians, were excluded from citizenship and the rights that came with it.
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It gave more protection to slaveholders
The Texas Constitution of 1836 gave more protection to slaveholders. This was a result of the influx of Anglo-American settlers into Texas, who were often slave owners. These settlers wanted to replicate the economic, social, and political systems of the American South in Texas. The Mexican Constitution of 1829 banned slavery, but exceptions were made for American settlers in Texas. This created tensions between the Mexican government and slave-holding settlers from the US. The latter group worried that the Mexicans were going to free their slaves and worked to ensure that slavery was preserved in Texas.
When Texas became independent in 1836, the new constitution endorsed slavery and opposed rights for people of color or women. The constitution also made it illegal for slave owners to emancipate their slaves without the consent of Congress and stated that no person could be prevented from bringing slaves into Texas. This solidified the importance of slavery in Texas from its founding. The constitution further reinforced slaveholder rights at the expense of those enslaved and allowed for expanded immigration by slaveholders.
The Texas Constitution of 1836 also included new slave codes, which further controlled the lives of enslaved people. For example, slaves in Texas had the legal status of personal property and could be bought, sold, mortgaged, and hired out. They had no legally prescribed way to gain freedom, no property rights, and no legal rights of marriage and family. Slave owners had broad powers of discipline, subject only to constitutional provisions that slaves be treated "with humanity".
The protection given to slaveholders in the Texas Constitution of 1836 contributed to the rapid growth of the enslaved population in Texas. By 1845, when Texas joined the United States, the enslaved population had increased to 30,000, a 500% increase from 1836. The institution of slavery did not end in Texas until June 19, 1865, when an order enforcing the Emancipation Proclamation was read in Galveston.
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It allowed for the expansion of the slave population
The Texas Constitution of 1836 played a significant role in shaping the state's history, particularly regarding slavery. While the constitution included provisions that protected the institution of slavery, it also opened the door for the potential expansion of the slave population in Texas. One of the key aspects of the constitution that facilitated this expansion was the definition of slavery itself. The constitution defined slaves as "persons of color who were slaves for life." This broad definition encompassed not only those who were currently enslaved but also created the legal framework for enslaving captured or purchased prisoners of war, which could significantly increase the slave population.
Another factor that contributed to the potential expansion of slavery was the constitution's stance on immigration. Texas encouraged immigration by offering land grants and the promise of cheap labor to potential settlers, particularly from the southern states. This immigration policy, combined with the constitution's protection of slavery, created an environment conducive to the growth of the slave population. Additionally, the constitution's provisions for the legal treatment of slaves further supported this expansion. Slaves were considered property, and as such, they could be bought, sold, and inherited. This legal framework provided a strong economic incentive for the slave trade and the expansion of the slave population.
The constitution also addressed the issue of runaway slaves, demonstrating its commitment to maintaining and expanding slavery in Texas. It included provisions that required the return of runaway slaves to their owners and imposed penalties on those who aided or sheltered them. These measures not only reinforced the institution of slavery but also ensured that the slave population could be controlled and expanded through the retrieval of escaped slaves. Furthermore, the Texas Constitution of 1836 established a system of laws and regulations that governed the slave population. These laws addressed various aspects of slave life, including their rights, duties, and punishments for disobedience. By creating a comprehensive legal framework, the constitution provided a structure that facilitated the management and growth of the slave population.
It is important to note that while the Texas Constitution of 1836 allowed for the expansion of slavery, it did not necessarily lead to a rapid increase in the slave population. Social, economic, and political factors also played a role in shaping the dynamics of slavery in Texas. However, the constitution provided the legal foundation and created an environment that supported and encouraged the potential expansion of slavery in the state. This complex interplay between constitutional provisions and societal factors influenced the development of slavery in Texas and left a lasting impact on the state's history.
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It made it illegal for slave owners to emancipate their slaves
The Texas Constitution of 1836 was drafted after Texas declared its independence from Mexico on March 2, 1836. The constitution was written to solidify the importance of slavery in Texas from its founding, and to protect the rights of slaveholders at the expense of those enslaved. One of the ways it did this was by making it illegal for slave owners to emancipate their slaves without the consent of Congress.
The constitution's General Provisions stated that no slaveholder could emancipate their slave without the consent of Congress, and that Congress could not pass any laws to restrict the slave trade or emancipate slaves. This effectively gave Congress control over the emancipation of slaves, and solidified the institution of slavery in Texas. The constitution also stated that no person could be prevented from bringing slaves into Texas, further protecting the rights of slaveholders.
The Texas Constitution of 1836 was written to address the concerns of Texans who worried that the Mexicans were going to free their slaves. Disputes over slavery were an underlying cause of the Texas Revolution in 1835-1836. During this time, Mexico had officially outlawed slavery in Texas, but special considerations were given to Anglo settlers, allowing the enslaved population in Texas to continue to grow. The Texas Constitution of 1836 sought to protect the rights of slaveholders and ensure that slavery would continue to be legal in the new republic.
The constitution's restrictions on slaveholders' ability to emancipate their slaves had a significant impact on the enslaved population in Texas. It made it nearly impossible for slaves to gain their freedom, as they had no legally prescribed way to do so. The constitution also passed laws that governed the lives of free blacks, including a law banishing all free black people from the Republic of Texas. This further solidified the importance of slavery in Texas and ensured that the enslaved population would remain in a position of inferiority.
The Texas Constitution of 1836 had long-lasting effects on the institution of slavery in the state. It was not until June 19, 1865, after the end of the American Civil War, that an order enforcing the Emancipation Proclamation was read in Galveston, and 250,000 enslaved people were finally emancipated. The Texas Constitution of 1869 formally outlawed slavery four years later.
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Frequently asked questions
The Texas Constitution of 1836 was a document drafted by Texan delegates to outline how the state would be governed following its independence from Mexico.
The Texas Constitution of 1836 endorsed slavery and opposed rights for people of colour. It also made it illegal for slave owners to free their slaves without the consent of Congress.
In 1836, Texas had approximately 5,000 enslaved persons in a total population estimated at 38,470.
Slavery was abolished in Texas on June 19, 1865, when an order enforcing the Emancipation Proclamation was read in Galveston.
