Simone Lawson
The Texas Constitution of 1866 was drafted as part of the state's effort to rejoin the United States following the Civil War. The convention, which took place in Austin, brought together delegates who were primarily former Confederates seeking to regain political power. The constitution adopted at this convention aimed to provide civil rights for African Americans, but ultimately failed to secure Texas's reentry into the Union as it did not fully protect the rights of African Americans, did not repudiate the state's war debt, and did not ratify the Thirteenth and Fourteenth Amendments.
| Characteristics | Values |
|---|---|
| Purpose | Effort to rejoin the United States following the Civil War |
| Date of Convention | June to July 1866 |
| Location | Austin, Texas |
| Number of Delegates | Equal to the number of members in the Texas House of Representatives |
| Delegate Eligibility | No one excluded from President Andrew Johnson's general amnesty proclamation was eligible unless pardoned by the president |
| Delegate Factions | Radical Unionists and radical secessionists |
| Civil Rights | Granted freedom from slavery to African Americans but did not allow them to hold public office or vote |
| Legislative Powers | Supreme and final |
| Secession | Declared null and void |
| War Debt | Cancelled |
| Freedmen Status | Fixed |
| Abolition of Slavery | Indirectly abolished by adopting the Thirteenth Amendment |
| Involuntary Servitude | Prohibited, except as punishment for a crime |
| Freedmen Rights | Right to sue and be sued, to contract and be contracted with, to be protected in their rights of person and property, to obtain equal criminal prosecution, and to testify orally in any case involving another African American |
| Ratification | Rejected by Congress |
| Subsequent Action | Texas drafted a new constitution in 1869 that complied with U.S. government requirements |
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What You'll Learn
Texas' re-entry to the Union
The Texas Constitution of 1866 was drafted as an attempt by Texas to rejoin the Union following the Civil War. The convention was called by Andrew Jackson Hamilton, the provisional governor of Texas, who made clear that half measures would not satisfy the U.S. government. The convention was dominated by former Confederates seeking to regain political power, and it reflected deep divisions within Texas society regarding race and the future of former Confederates in politics.
The 1866 Constitution did not fully satisfy the demands of the federal government. It did not repudiate the state's war debt, and it failed to fully protect the rights of African Americans. While it granted African-American men the right to sue, contract, acquire and transmit property, receive equal criminal prosecution, and testify orally in any case involving another African American, it did not give them the right to vote or hold public office.
The federal government required Texas to ratify the Thirteenth and Fourteenth Amendments as a condition for readmission, aiming to ensure the abolition of slavery and safeguard civil rights for the newly freed population. The Texas Constitution of 1866 did not explicitly ratify these amendments, and the newly elected 11th Texas Legislature refused to ratify them as well.
Due to these issues, Congress rejected the 1866 Constitution, and Texas drafted a new constitution in 1869 that complied with the requirements set by the federal government. The 1869 Constitution repudiated the state's war debt and supported public education, and it granted the right to vote to adult male African Americans.
The Texas Constitutional Convention of 1866 set a precedent for ongoing struggles over civil rights in the state, and the rejection of its constitution underscored a failure to align with national Reconstruction efforts. The tensions between maintaining white supremacy and granting rights to African Americans continued to influence Texas politics well into the 20th century.
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Freed African-American rights
The Texas Constitution of 1866 was drafted as part of the state's effort to rejoin the United States following the Civil War. The constitution aimed to address the rights of Freed African Americans, also known as freedmen.
The members of the convention agreed that neither slavery nor involuntary servitude, except as punishment for a crime, should exist in Texas. They also agreed that freedmen should have their rights protected in terms of their person and property. This included the right to sue and be sued, to contract and be contracted with, and to acquire and transmit property. Freedmen were also granted the right to receive equal criminal prosecution and testify orally in any case involving another African American.
However, the 1866 Constitution did not grant African Americans the right to vote or hold public office. This was only achieved later, with the passage of the First Reconstruction Act in March 1867, which required Southern states to grant African-American males the right to vote as a condition for readmission to the Union.
The 1866 Constitution also faced criticism for not fully satisfying the demands of the federal government, which required Texas to ratify the Thirteenth and Fourteenth Amendments to ensure the abolition of slavery and safeguard civil rights for the newly freed population. As a result, Congress rejected the 1866 Constitution, leading Texas to draft a new constitution in 1869 that complied with these requirements.
Despite these shortcomings, the Texas Constitution of 1866 represented a significant step forward in recognizing the rights of Freed African Americans and paving the way for their full participation in society.
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Abolition of slavery
The Texas Constitution of 1866 was drafted as part of the state's effort to rejoin the United States following the end of the Civil War. The convention that drafted the constitution was dominated by two factions: radical Unionists and radical secessionists.
On the question of the abolition of slavery, the members of the convention agreed that the Thirteenth Amendment, which was by then a part of the Constitution, had abolished slavery, and that since they had taken an oath to support that Constitution, they had indirectly abolished slavery. They reasoned that a direct and formal ratification of the amendment was unnecessary and voted to allow the taking of the constitutional oath to suffice.
The members agreed, with greater unanimity than on most questions, that neither slavery nor involuntary servitude, except as a punishment for a crime, should exist in Texas, and that freedmen should be protected in their rights of person and property. Freedmen were to be granted the right to sue and be sued, to contract and be contracted with, and to be prosecuted in the courts under the same rules as obtained for whites. They should also be allowed to testify in court in cases that involved other freedmen.
Despite the inclusion of these provisions, the 1866 Constitution failed to secure Texas's re-entry into the Union. This was partly because it did not repudiate the state's war debt, but also because it did not fully satisfy federal demands to ratify the Thirteenth and Fourteenth Amendments to ensure the abolition of slavery and safeguard civil rights for the newly freed population. As a result, the U.S. Congress refused to admit Texas until it complied with these requirements, which it eventually did in a later constitution in 1869.
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War debt
The Texas Constitution of 1866 was drafted as part of the state's effort to rejoin the United States following the Civil War. The convention was dominated by former Confederates seeking to re-establish their power and regain political control.
The 1866 Constitution did not repudiate Texas's war debt, which was one of the reasons why it failed to secure Texas's re-entry into the Union. The war debt was incurred during the Civil War, and many Americans saw Texas as a rebel state. The refusal to repudiate the debt meant that Texas was not taking responsibility for its actions during the war, and this was unacceptable to the U.S. Congress. As a result, Texas was refused re-entry until it repudiated its war debt in a later constitution in 1869.
The convention grappled with how to address civil rights for newly freed African Americans while also accommodating the desires of white Texans who wanted to maintain pre-war social hierarchies. The resulting constitution did not fully protect the rights of African Americans, allowing for discriminatory laws. It did, however, grant African-American men the right to sue, contract, acquire and transmit property, receive equal criminal prosecution, and testify orally in any case involving another African American.
The Texas Constitution of 1866 set a precedent for the ongoing struggles over civil rights in the state. The rejection of the constitution by Congress highlighted the failure to align with national Reconstruction efforts, and the tensions between maintaining white supremacy and granting rights to African Americans continued to influence Texas politics well into the 20th century.
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Legislative powers
The Texas Constitution of 1866 was drafted as an attempt to rejoin the United States following the Civil War. It was a response to President Andrew Johnson's plan for Reconstruction of the Union, which called for a convention process through which provisional governors would preside over individual states to repeal secession ordinances, create a new constitution, and repudiate the war debt.
The convention, which took place in Austin from June to July 1866, was dominated by former Confederates seeking to reestablish their political power. The delegates grappled with how to address civil rights for newly freed African Americans while also accommodating the desires of white Texans who wanted to maintain pre-war social hierarchies. The resulting constitution reflected a compromise between these conflicting interests.
The Texas Constitution of 1866 granted African American men the right to sue, be sued, contract, be contracted with, acquire and transmit property, receive equal criminal prosecution, and testify orally in any case involving another African American. However, it did not grant African Americans the right to vote or hold public office.
The convention also addressed other legislative matters, such as declaring secession null and void and fixing the status of freedmen. While the exact details of the legislative powers established by the 1866 Constitution are not readily available, it is clear that the document had a significant impact on the civil rights of African Americans in Texas and the state's relationship with the Union.
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Frequently asked questions
The Texas Constitution of 1866 was drafted as part of Texas's attempt to rejoin the Union following the Civil War. It was an effort to reestablish Texas's government and address the changes brought about by Reconstruction.
The Texas Constitution of 1866 granted some civil rights to African Americans, including the right to sue, be sued, contract, acquire and transmit property, receive equal criminal prosecution, and testify orally in any case involving another African American. However, it did not grant African Americans the right to vote or hold public office.
No, the Texas Constitution of 1866 was ultimately rejected by Congress. It failed to secure Texas's reentry into the Union due to its failure to repudiate the state's war debt and fully satisfy the demands for the abolition of slavery and the protection of civil rights for African Americans.
