Eleanor Finch
The Texas Constitution of 1869 was drafted by military officers after the Constitutional Convention of 1868-1869 dissolved over factional differences. The constitution expanded civil rights protections for formerly enslaved people and centralized power in the state government to enforce federal Reconstruction policies. It also included a clause that prevented the legislature from granting public domains to anyone other than actual settlers, which meant that land grants to railroad companies were forfeited. The Constitution of 1869 also made it easier for newcomers to hold office and extended the right to vote to all male citizens over the age of 21, regardless of race.
| Characteristics | Values |
|---|---|
| Date of Ratification | February 8, 1869 |
| Basis | United States Constitution |
| Bill of Rights | Included, with specific provisions for Texas |
| Suffrage | Universal male suffrage for those over 21 |
| Office Terms | Governor and other executive officers limited to two-year terms, with partial exception for the first term |
| Legislature | Bicameral, with a 30-member Senate and 125-member House of Representatives |
| Judicial System | Supreme Court, district courts, and inferior courts |
| Education | Free public schools and a permanent school fund |
| Immigration | Encouraged, with land grants for immigrants |
| Taxation | Uniform property tax and poll tax |
| State Debt | Limited, with a cap on state debt |
| Amendments | Could be proposed by the legislature or constitutional convention |
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Voting rights
The Texas Constitution of 1869 was drafted by a convention of Moderate and Radical Republicans, with the latter group pressing for more expansive rights for Black Texans. This constitution was a significant shift from the previous 1866 Constitution, which had excluded African Americans and women from the rights of citizenship.
The 1869 Constitution defined the electorate as consisting of all male citizens aged 21 or older, regardless of race, colour, or previous condition. This was a direct response to federal requirements, which mandated that Texas, in order to be readmitted to the Union, must craft a new constitution guaranteeing African American men the right to vote.
However, there were still some restrictions on voting rights. Voters were required to have lived in the state for at least a year and in the county where they voted for the last 60 days. Those in asylums or prisons, convicted of felonies, or unsound of mind were excluded, as were any disqualified from voting under the Constitution of the United States.
The 1869 Constitution also included provisions for the reinstatement of voting rights for those who had previously been disqualified, should their disqualification be removed by Congress. This was a significant change from previous constitutions, and it reflected the Reconstruction-era government's vision of a different Texas, with expanded civil rights protections for formerly enslaved people.
The 1869 Constitution's voting provisions, especially the four-day county-seat voting rule, became a focal point for legal challenges after Democrats made gains in the state. Despite ultimately being ratified, the constitution was opposed by Democratic newspapers and leaders, who encouraged white voters to reject it.
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Education
The Texas Constitution of 1869 included several provisions related to education, marking a shift from previous constitutions.
Article IX of the 1869 Constitution outlined the establishment and funding of public free schools. It directed the Legislature to create school districts and provide for the formation of school boards, empowering these boards to raise taxes for the construction and operation of schools. The Legislature was also tasked with ensuring that all children of scholastic age in the state received an education.
The 1869 Constitution provided explicit directions on the structure and funding of the public school system, a level of detail absent from earlier constitutions. It required the Legislature to make school attendance mandatory and stipulated that schools should operate for a minimum of four months annually.
The funding mechanism for public schools was outlined in Article IX. It stipulated that funds, lands, and other properties appropriated for public schools would constitute the Public School Fund. Additionally, one-fourth of the annual revenue from general taxation and proceeds from the sale of public lands would be allocated to this fund. A poll tax of one dollar was also to be levied on male residents between the ages of twenty-one and sixty, with these funds dedicated to supporting public education.
The Constitution of 1869 also addressed higher education. It mandated the establishment of "a University of the first class," to be named The University of Texas, with an agricultural and mechanical department.
The 1869 Constitution's focus on education reflected a more active role for the state government in promoting social and economic development, marking a shift from the concept of state rights to a more nationalistic view.
Notably, the 1869 Constitution expanded civil rights protections for formerly enslaved people and defined the electorate as consisting of all male citizens over twenty-one, regardless of race.
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Land grants
The Texas Constitution of 1869 was drafted by a convention of Moderate and Radical Republicans under the supervision of the U.S. military. It was a highly contentious document that centralised power in the state government and expanded civil rights protections for formerly enslaved people.
One of the most notable aspects of the 1869 Constitution was its stance on land grants. The constitution included a proviso that forbade the granting of public land to anyone other than an actual settler. This clause specifically prevented the legislature from making further grants to railroad companies or other corporations. Any land that had been granted to railroad companies but had not been given away would be forfeited if the requirements of the grant were not met. This land would then be opened to actual settlers or sold to benefit the state school fund.
The 1869 Constitution also provided explicit directions for the state's public school system and how it should be funded. It required the legislature to divide the state into school districts and establish school boards with the power to raise taxes for the construction and operation of schools. The constitution set aside proceeds from public lands into a Permanent School Fund and mandated that one-fourth of annual state tax revenue and a $1 poll tax on every adult male be dedicated to schools. These measures guaranteed, at least on paper, the first public schooling opportunities for Black Texans, although segregation was not explicitly addressed and would later be imposed.
The 1869 Constitution's focus on education reflected the Radical Republicans' belief in state activism for social uplift and their suspicion of the old planter class and railroad barons. By curbing corporate privilege, the constitution sought to shift resources towards citizens. This aspect of the constitution was particularly controversial, prompting significant opposition that ultimately contributed to the writing of a new constitution in 1876.
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Civil rights
The Texas Constitution of 1869, also known as the Black Constitution, was drafted during the state's constitutional convention in the same year. This constitution was created during the Reconstruction Era following the American Civil War and was Texas's first attempt at readmission to the Union. It included several provisions outlining civil rights and protections for the citizens of Texas.
One of the key features of the 1869 Texas Constitution was its expansion of voting rights. It granted suffrage to African American males, a significant change from previous constitutions. This move was in line with the Reconstruction policies of the federal government, aiming to extend political rights to freed slaves and other people of colour. Additionally, the constitution lowered the property qualifications for voting, making it easier for more citizens to participate in elections.
The constitution also contained provisions guaranteeing certain fundamental rights and liberties for all Texas citizens. It explicitly prohibited slavery and involuntary servitude, a direct response to the abolition of slavery following the Civil War. The document also ensured freedom of speech, freedom of the press, and the right to peaceably assemble and petition the government for redress of grievances. These protections were in line with the First Amendment of the U.S. Constitution and reflected the importance placed on civil liberties during this era.
Another important aspect of civil rights addressed in the 1869 Texas Constitution was the protection of due process and equal protection under the law. The constitution guaranteed that no person should be deprived of life, liberty, or property without due course of the law. It also ensured that all citizens would receive equal treatment before the law, regardless of race or previous condition of servitude. These provisions were designed to prevent discrimination and ensure fair legal processes for all Texans.
The education system was also addressed in the constitution, recognising its importance in fostering an informed citizenry and promoting equal opportunities. The document mandated a system of public schools that would be free and open to all children in the state, regardless of their background. This provision reflected a commitment to providing educational opportunities for all Texans, which was a significant step towards promoting social mobility and ensuring equal rights in education.
Additionally, the Texas Constitution of 1869 included provisions for the protection and welfare of specific groups, such as women, minors, and the elderly. It granted married women the right to own and control property separately from their husbands, a significant step towards recognising their independent legal status. The constitution also addressed issues related to orphan care and the protection of minors, reflecting a broader societal concern for the vulnerable members of society.
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Office-holding qualifications
The Texas Constitution of 1869 included significant changes to the qualifications for office-holding in the state, making it easier for newcomers to obtain office. This was a notable shift from the previous Constitution of 1866, which had excluded African Americans and women from the rights of citizenship. The new constitution defined the electorate as consisting of all male citizens aged 21 years or older, regardless of race, colour, or previous condition.
The Constitution of 1869 was produced by the Constitutional Convention of 1868-1869, which was controlled by a combination of Moderate and Radical Republicans. Their influence resulted in a constitution that reflected their Unionism and acceptance of Congressional Reconstruction. This constitution was drafted by military officers after the convention dissolved due to factional differences.
The 1869 Constitution included several provisions that upset many Texans, particularly those with Confederate sympathies. It stripped voting rights from former Confederate officers and centralised power in the state government, especially in the hands of the governor. The governor was granted wide-ranging appointment powers, including the power to appoint judges. Additionally, senators' terms were extended to six years, and legislative sessions were to be held annually.
The underlying debate during the creation of the Constitution of 1869 revolved around the interpretation of the Secession Ordinance of 1861, the Constitution of 1861, and the Texas government's role during the Confederacy. Texans with Confederate sympathies were barred from voting to approve this constitution, which contributed to its passage. The first governor elected under this constitution was Edmund Davis, a Republican affiliated with the Radical faction and a former Union general.
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Frequently asked questions
The Texas Constitution of 1869 was a document drafted by military officers after the Constitutional Convention of 1868-1869 dissolved over factional differences. It was the sixth Texas constitution, and it remained controversial.
The Texas Constitution of 1869 replaced the Texas Constitution of 1866, which was deemed insufficient by Congress in terms of Reconstruction policies and the rights of African Americans.
The Texas Constitution of 1869 defined the electorate as consisting of all male citizens 21 years of age or older, regardless of race, colour, or former condition. However, voters were required to have lived in the state for at least one year and in the county where they voted for 60 days. It also stripped voting rights from former Confederate officers.
The Texas Constitution of 1869 included a proviso that forbade granting public land to anyone other than an actual settler, specifically preventing the legislature from making further grants to railroad or other corporations. It also adopted a new model of granting ownership of mineral rights to individuals who owned the land under which the minerals were found.
The Texas Constitution of 1869 required the legislature to divide the state into school districts and create school boards. It also mandated school attendance for all inhabitants between the ages of six and eighteen and required schools to operate for at least four months of each year.
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