Eleanor Finch
The Texas Constitution of 1861 was adopted at the beginning of the American Civil War, following Texas' secession from the Union. The document amended the Constitution of 1845, retaining most of its wording but making changes to reflect Texas' membership in the Confederacy. The new constitution defended slavery and states' rights, eliminating a clause providing for the emancipation of slaves and declaring the freeing of slaves illegal. It also required all state officials to take an oath of loyalty to the Confederacy. The Texas Constitution of 1861 was a conservative document designed to ease the state's transition into the Confederacy and address the public's desire for relief from political strife.
| Characteristics | Values |
|---|---|
| Year of adoption | 1861 |
| Position on states' rights | Did not take an extreme position |
| Changes to important laws | Did not substantially change any important law |
| Nature of the document | Conservative |
| Purpose | Ease the transition of Texas into the Confederacy |
| Amendments to the Constitution of 1845 | The words "United States of America" were replaced with "Confederate States of America" |
| Defence of slavery and states' rights | More direct |
| Clause providing for emancipation of slaves | Eliminated |
| Freeing of slaves | Declared illegal |
| Requirements for state officials | Required to take an oath of loyalty to the Confederacy |
| Existing laws | All existing laws not in conflict with the constitutions of Texas or the Confederate States were declared valid |
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What You'll Learn
Texas' secession from the Union
Texas has had seven constitutions in its history, including the Mexican constitution. The seventh and current constitution was adopted on February 15, 1876. The previous six were adopted in 1827, 1836, 1845, 1861, 1866, and 1869. The 1861 constitution was adopted at the beginning of the American Civil War, following Texas's secession from the Union.
Texas voters ratified secession from the Union on February 23, 1861. The Secession Convention then reconvened, and delegates amended the Constitution of 1845 to reflect Texas's transition from a state in the United States to one of the Confederate States of America. Most of the wording of the older constitution was kept, but some changes were made to meet new circumstances. For example, "United States of America" was replaced with "Confederate States of America", and slavery and states' rights were more directly defended. A clause providing for the emancipation of slaves was eliminated, and the freeing of slaves was declared illegal. All current state officials were required to take an oath of loyalty to the Confederacy, and all existing laws not in conflict with the constitutions of Texas or the Confederate States were declared valid.
The 1861 constitution did not substantially change any important laws and was designed to be a conservative document. It did not legalize the resumption of the African slave trade, nor did it take an extreme position on states' rights. This was partly to ease fears about the radical nature of the secessionists and to facilitate Texas's transition into the Confederacy.
The 1861 constitution was followed by the constitutions of 1866, 1869, and 1875, which was ratified as the Constitution of 1876. Texas still operates under the 1876 constitution today, though it has been amended hundreds of times and is considered disorganized and confusing. The Texas Constitution is the second-longest state constitution in the United States and the third-most amended.
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Transition to the Confederacy
Texas voters ratified secession from the Union on February 23, 1861, and the Secession Convention reconvened. The delegates of the convention believed it was their duty to direct the transition of Texas from a state in the United States to one of the Confederate States of America. They amended the Constitution of 1845, which Texas had adopted upon its admission to the Union.
The 1861 amendments to the Texas Constitution were largely designed to ease the transition of Texas into the Confederacy. The wording of the older constitution was kept intact in most instances, but some changes were made to meet new circumstances. The most notable change was the replacement of the words "United States of America" with "Confederate States of America".
The 1861 amendments also more directly defended slavery and states' rights. A clause providing for the emancipation of slaves was eliminated, and the freeing of slaves was declared illegal. All current state officials were required to take an oath of loyalty to the Confederacy, and all existing laws not in conflict with the constitutions of Texas or the Confederate States were declared valid.
The 1861 Texas Constitution did not substantially change any important law and did not take an extreme position on the issue of states' rights. It was a conservative document designed to allay fears about the radical nature of the secessionists. It did not legalize the resumption of the African slave trade, a move advocated by some leaders of the secession movement.
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Defending slavery and states' rights
The Texas Constitution of 1861 was adopted at the beginning of the American Civil War and served as a placeholder to abolish the Confederate Constitution and implement the requirements of Reconstruction. The document was amended from the Texas Constitution of 1845, which was adopted when Texas was admitted into the Union. The 1861 amendments were designed to ease Texas' transition into the Confederacy, and included replacing all instances of "United States of America" with the "Confederate States of America".
The 1861 Constitution defended slavery and states' rights, eliminating a clause providing for the emancipation of slaves and declaring the freeing of slaves illegal. It did not, however, legalize the resumption of the African slave trade, a move advocated by some leaders of the secession movement.
The 1861 Constitution also required all state officials to take an oath of loyalty to the Confederacy and declared all existing laws valid, so long as they did not conflict with the constitutions of Texas or the Confederate States.
The Texas Constitution of 1861 was not intended to be the final governing document of the state. Following the Civil War, Texas adopted a new constitution in 1866, which abolished slavery and granted civil rights to African Americans.
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Abolishing a clause for slave emancipation
The Texas Constitution of 1861 was adopted at the beginning of the American Civil War, following the state's secession from the Union. The document was amended from the Texas Constitution of 1845, which was adopted when Texas was admitted into the Union in 1845. The changes made in 1861 were primarily to reflect Texas' new position as a Confederate state. This included replacing references to the "United States of America" with the "Confederate States of America", as well as more directly defending slavery and states' rights.
One of the most significant changes was the abolition of a clause providing for the emancipation of slaves. This move was designed to ease Texas' transition into the Confederacy and allay fears about the radical nature of secessionists. The new constitution declared the freeing of slaves to be illegal and required all state officials to swear an oath of loyalty to the Confederacy.
The 1861 Constitution did not substantially change any important laws and did not take an extreme position on states' rights. It was a conservative document that did not, for example, legalize the resumption of the African slave trade, as some secessionists had advocated. The main effects of the 1861 Constitution were to abolish slavery and grant civil rights to African-Americans. It also gave the governor new powers to exercise a line-item veto over budget provisions.
The Texas Constitution of 1861 was a temporary measure, intended to quickly replace the Confederate Constitution and meet the requirements of Reconstruction. It was superseded by the Texas Constitution of 1866, which was adopted at the end of the Civil War, and the Texas Constitution of 1869, which was passed by a constitutional convention in 1868. The current Texas Constitution, adopted in 1876, is the seventh in the state's history and has been amended hundreds of times.
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Granting civil rights to African-Americans
The Texas Constitution of 1861 was adopted at the beginning of the American Civil War. This was after Texas seceded from the Union and joined the Confederate States of America. The 1861 Constitution amended the Constitution of 1845, which had been adopted when Texas was admitted into the Union in 1845. The changes made to the 1845 Constitution were minimal and mainly consisted of revising terminology to reflect Texas' membership in the Confederacy. For instance, the words "United States of America" were replaced with "Confederate States of America".
The 1861 Constitution did not substantially change any important law and was a conservative document designed to ease Texas' transition into the Confederacy. It did not take an extreme position on states' rights and did not legalize the resumption of the African slave trade. However, it did defend slavery and states' rights more directly. A clause providing for the emancipation of slaves was eliminated, and the freeing of slaves was declared illegal. All state officials were required to take an oath of loyalty to the Confederacy, and all existing laws not in conflict with the constitutions of Texas or the Confederate States were declared valid.
The 1861 Constitution was a temporary measure and was not intended to be the final governing document of Texas. It served as a placeholder to quickly abolish the Confederate constitution and implement the requirements of Reconstruction following the Civil War. As such, one of its main effects was to abolish slavery and grant civil rights to African-Americans.
The current Texas Constitution was adopted in 1876 and is the seventh constitution in the state's history. Texas still operates under the 1876 Constitution today, although it has been amended hundreds of times due to its tight restrictions.
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Frequently asked questions
The Texas Constitution of 1861 was a temporary constitution adopted after Texas seceded from the Union to join the Confederate States of America.
The Texas Constitution of 1861 amended the Constitution of 1845 to reflect Texas' membership in the Confederacy. It replaced references to the "United States of America" with the "Confederate States of America", defended slavery and states' rights, and eliminated a clause providing for the emancipation of slaves.
No, the Texas Constitution of 1861 did not legalise the resumption of the African slave trade.
No, the Texas Constitution of 1861 did not take an extreme position on states' rights. It was a conservative document designed to ease Texas' transition into the Confederacy and allay fears about the radical nature of the secessionists.
No, the Texas Constitution of 1861 did not substantially change any important laws.
