Isabella Carter
Texas has had several constitutional conventions, with the first one taking place in 1836. This was followed by conventions in 1845, 1861, 1866, 1868-69, and 1875. The 1836 convention, which took place in March, saw the adoption of the Texas Declaration of Independence and the election of an interim government led by President David G. Burnet. The delegates at this convention also developed a Texas Constitution, primarily based on the Constitution of the United States. The 1866 convention, which met on February 7, was tasked with addressing the issues of legislative and constituent powers, secession, war debt, and the status of freedmen. The 1875 convention reduced the governor's powers, established a ceiling on state debt, changed the Legislature's meeting schedule, and provided for the election of certain judges. In 1971, a ballot measure was approved for the Legislature to meet in 1974 as a constitutional convention to draft a new state constitution, but the proposed amendments were overwhelmingly rejected by voters in 1975.
| Characteristics | Values |
|---|---|
| Date | February 7, 1866 |
| Location | Austin, Texas |
| Purpose | To draft a new constitution for Texas, addressing issues such as legislative powers, slavery, and the rights of freedmen |
| Delegates | Equal to the number of members in the Texas House of Representatives, excluding those barred by President Andrew Johnson's amnesty proclamation unless pardoned |
| Outcome | The convention resulted in the Constitution of 1866, which was submitted to the electors for approval |
| Other Conventions | Texas has held multiple constitutional conventions, including in 1836, 1845, 1861, 1868-1869, and 1875 |
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What You'll Learn
The Constitutional Convention of 1866
On November 15, 1865, Andrew Jackson Hamilton, the provisional governor of Texas, issued a proclamation setting January 8, 1866, as the date for an election of delegates to a constitutional convention. The convention was scheduled to meet in Austin on February 7, 1866, with a number of delegates equal to the number of members in the Texas House of Representatives.
The convention initially delegated legislative and constituent powers to itself, but on March 27, 1866, it voted to submit proposed changes in basic government to the electors, known as the Constitution of 1866. This included declaring secession null and void, cancelling the war debt, and fixing the status of freedmen. The members agreed that neither slavery nor involuntary servitude should exist in Texas, except as punishment for a crime. Freedmen's rights to person and property were protected, including the right to sue and be sued, and to contract. They were to be prosecuted under the same rules as whites and allowed to testify in court in cases involving other freedmen.
The convention adjourned on April 2, 1866, and the Constitution of 1866 was adopted at the end of the American Civil War, becoming the fifth constitution in Texas history.
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The election of delegates
Texas has had seven constitutions in its history, including the Mexican constitution. The first six were adopted in 1827, 1836, 1845, 1861, 1866, and 1869. The seventh and current constitution was adopted on February 15, 1876. Texas constitutional conventions took place in 1861, 1866, 1868–69, and 1875.
The delegates of the 1866 convention were divided into two strong factions: radical Unionists and radical secessionists. The extreme Unionists included prominent figures such as I. A. Paschal, A. H. Latimer, Robert H. Taylor, and E. J. Davis. The convention first delegated to itself legislative and constituent powers but later voted to submit the proposed changes in basic government, known as the Constitution of 1866, to the electors.
The Constitutional Convention of 1875 was held in Austin, Texas, during a period of economic depression in the country. The Democrats aimed to rewrite the constitution to reflect their policies of white superiority and state governance with minimal federal intervention. Of the 90 delegates, six were African American, and all were members of the Republican Party.
The Convention of 1836 took place during the Texas Revolution, and delegates hastily drafted a constitution for the new Republic of Texas. The resulting constitution incorporated large sections of the United States Constitution and Mexican law. The delegates also approved a declaration of independence, officially establishing the Republic of Texas.
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Two factions: radical Unionists and secessionists
The Texas Constitutional Convention of 1866 was held in Austin on February 7, 1866. It was convened to draft a new constitution for Texas following the end of the American Civil War.
When the delegates assembled, it became clear that there were two dominant factions in the convention: the radical Unionists and the radical secessionists. The former group sought to strengthen the ties between Texas and the United States, while the latter pushed for greater independence and autonomy from the federal government.
The radical Unionists sought to align Texas more closely with the United States and ensure the protection of civil rights for all citizens. They advocated for the abolition of slavery and involuntary servitude, except as punishment for a crime, and supported the extension of legal rights to freedmen, including the right to sue and be sued, to contract, and to be protected in their rights of person and property. Notable figures among the extreme Unionists included I. A. Paschal, A. H. Latimer, Robert H. Taylor, and E. J. Davis.
On the other hand, the radical secessionists sought to assert Texas's independence and autonomy, building on the state's history of secession and independence movements. They advocated for state sovereignty and self-governance, with limited interference from the federal government. While there were some differences of opinion within the group, they generally supported states' rights and local control over federal authority.
The convention lasted for several weeks, during which the delegates debated and negotiated the terms of the new constitution. The resulting document, known as the Constitution of 1866, reflected a compromise between the two factions. While it affirmed Texas's place in the Union, it also included provisions that decentralised government and emphasised state rights. The convention adjourned on April 2, 1866, after voting to submit the proposed Constitution of 1866 to the electors for approval.
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Matters of organisation and arguments
The Texas Constitutional Convention of 1866 met in Austin on February 7. The convention was preceded by an election of delegates, held on January 8, 1866. The number of delegates was equal to the number of members in the Texas House of Representatives.
The first three days of the convention were consumed by arguments over requiring delegates to take the constitutional oath. On the fourth day, a message from Governor Andrew Jackson Hamilton was received and read. Hamilton's message outlined the expectations of the convention and emphasised the need for decisive action to ensure Texas's representation in Congress. The convention was marked by strong factions, including radical Unionists and radical secessionists, with the extremes of each group holding the most power.
The delegates debated and agreed on several matters, including the rights of freedmen, the cancellation of war debt, and the status of secession. They voted to submit the proposed changes in basic government, known as the Constitution of 1866, to the electors. The convention adjourned on April 2, 1866.
Texas has had several constitutional conventions throughout its history, including in 1836, 1845, 1861, 1866, 1868-1869, and 1875. Each convention addressed specific issues and worked to establish or amend the structure and function of the state's government.
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The Convention of 1836
The Declaration of Independence was approved on March 2, 1836, without any debate, and officially established the Republic of Texas. In the following days, the delegates of the convention turned their attention to crafting a constitution for the nascent republic. Their efforts resulted in the Constitution of the Republic of Texas, which was adopted in 1836 and became the second constitution in Texas history.
The work of the Convention of 1836 was not without its challenges. During their deliberations, the delegates received a letter from Alamo commander William B. Travis, dated March 3, pleading for reinforcements and supplies. Despite the dire situation at the Alamo, Sam Houston persuaded the delegates to remain focused on finalizing the constitution. Houston's subsequent arrival in Gonzales brought news of a Mexican victory at the Alamo, sparking a mass exodus of Texans from Anglo settlements.
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Frequently asked questions
The Constitutional Convention of 1866 met in Texas on February 7, 1866.
The convention was called to address matters of organisation and arguments over requiring delegates to take the constitutional oath. The convention also addressed secession, the war debt, and the status of freedmen.
Yes, Texas has had several constitutional conventions, including in 1836, 1845, 1861, 1868-1869, and 1875. There was also an attempt to hold a convention in 1974, but the amendments proposed by the convention were rejected by voters.
![The Constitution, as Amended, and Ordinances of the Convention of 1866, Together with the Proclamation of the Governor Declaring the Ratification of the Amendments to the 1866 [Leather Bound]](https://m.media-amazon.com/images/I/617DLHXyzlL._AC_UY218_.jpg)
