Malcolm Rivera
The Texas Constitution of 1866 was a temporary constitution that was adopted after the Civil War, when Texas was under federal jurisdiction. It was a placeholder to replace the Confederate constitution and implement the requirements of Reconstruction, including the abolition of slavery and granting civil rights to African Americans. However, it fell short due to dissatisfaction from Congress over Texas's Reconstruction policies, and further changes were required. The 1866 Constitution excluded African Americans and women from citizenship rights, and the first legislature elected under its provisions passed laws limiting the rights of African Americans. It also faced opposition from Unionists who had been driven out of the state during the war, and they argued that the convention that created it was dominated by former secessionists. As a result, another constitution was written in 1869, which included significant changes in the qualifications for office-holding and judicial appointments.
| Characteristics | Values |
|---|---|
| Legislators' race | White men |
| Governor's term length | 4 years |
| Supreme Court judge count | 5 judges |
| Amendment process | Three-fourths vote in both houses and governor approval |
| Voting rights | Excluded African Americans and women |
| Citizenship rights | Excluded African Americans and women |
| Residence requirements for members of the Senate and House of Representatives | 5 years in the state and 1 year in the county or district |
| Residence requirements for legislators | None |
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What You'll Learn
The 1866 Constitution was a temporary document
The Texas Constitution of 1866 was a temporary document, serving as a placeholder until a more permanent constitution could be drafted. This was due to the fact that Texas was under federal jurisdiction following the Civil War, and the 1866 Constitution was primarily intended to abolish slavery and grant civil rights to African Americans.
The 1866 Constitution was never officially completed or adopted by the Legislature, with federal military forces occupying Texas and creating a Constitution from various proposed articles. It was a compromise document, drafted by former secessionists, many of whom had served in the Confederate army, and was met with widespread unhappiness due to the salary increases for state officers.
The 1866 Constitution was also unsatisfactory to Congress, who saw the initial efforts of reintegrating Texas and other southern states back into the Union as a failure. The resulting convention in 1868, dominated by Radical Republicans, produced the Constitution of 1869, which included elements markedly different from its predecessor.
The 1866 Constitution was also notable for excluding African Americans and women from the rights of citizenship, a stark contrast to the 1869 Constitution, which defined the electorate as consisting of all male citizens over the age of 21, regardless of race, colour, or former condition. Additionally, the 1866 Constitution required members of the Senate and House of Representatives to have lived in the state for five years and their county or district for one year, while the 1869 Constitution reduced these requirements to three and two years, respectively.
The Texas Constitution of 1866, therefore, served as a temporary document, paving the way for more comprehensive and inclusive constitutions in the years to come. It played a crucial role in abolishing slavery and granting basic civil rights, but its shortcomings and the dissatisfaction it caused led to further constitutional changes and improvements.
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It excluded African Americans and women from citizenship rights
The Texas Constitution of 1866 was drafted after the Civil War, as a condition of rejoining the Union. It was also an attempt to establish a new governing document that recognised the end of slavery. However, the constitution fell short in several ways, one of which was its exclusion of African Americans and women from citizenship rights.
The 1866 Constitution did not allow African Americans to hold public office or vote. The newly elected 11th Texas Legislature refused to ratify the 13th Amendment, which abolished slavery, and the 14th Amendment, which granted citizenship to African Americans. Instead, the legislature aimed to restrict the rights of African Americans and return Texas to its pre-war state. This was reflected in the Black Codes, which were passed by the first legislature under the 1866 Constitution. These severely limited the social, political, and economic status of African Americans in Texas, effectively mimicking the conditions of enslavement.
The 1866 Constitution also failed to address the issue of citizenship for women. While it is unclear if this was a deliberate exclusion, the fact remains that women were not granted the same rights and protections as male citizens. This discrepancy persisted until the adoption of subsequent constitutions, such as the Constitution of 1869, which extended equality before the law to all persons, regardless of sex or race.
The exclusion of African Americans and women from citizenship rights in the 1866 Constitution was a significant shortcoming that required further constitutional changes to address. The lack of representation and protection for these groups contributed to ongoing inequality and limited their ability to participate fully in Texan society.
It is important to note that the 1866 Constitution was drafted by a convention dominated by former secessionists, many of whom were former Confederate army officers. This composition may have influenced the document's shortcomings, as it did not fully embrace the ideals of Reconstruction and equality for all.
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It was drafted by former secessionists
The Texas Constitution of 1866 was drafted as a condition for rejoining the Union following the Civil War. Texas, along with other Southern states, had to adopt new constitutions to be reintegrated into the Union.
The 1866 Constitution was drafted by a convention dominated by former secessionists, many of whom had held commissions in the Confederate army. This was due to President Andrew Johnson's Presidential Reconstruction, which allowed most former secessionists to vote. The convention was called by the provisional governor, Andrew Jackson Hamilton, on November 15, 1865, six months after the surrender of Robert E. Lee's army.
The resulting constitution included the rejection of the right to secession, the repudiation of war debt, and the acceptance of the abolition of slavery. It also extended the governor's term to four years and increased the Supreme Court from three to five judges.
However, the dominance of former secessionists in the convention led to dissatisfaction, particularly from Unionists who had been driven out of the state during the war. They argued that the constitution was flawed because it was drafted by former secessionists, and they wanted these individuals to be disenfranchised and barred from holding office. Their concerns were validated when the legislature elected under the 1866 Constitution passed laws limiting the rights of African Americans in Texas.
As a result of these issues, Congress intervened, dismissing state officials elected under the 1866 Constitution and calling for a new convention in 1868, from which former secessionists were banned. This convention produced the Constitution of 1869, which expanded civil rights protections for formerly enslaved people and centralized power in the state government.
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It was unpopular with unionists
The Texas Constitution of 1866 was unpopular with Unionists for several reasons. Firstly, the convention that drafted it was dominated by former secessionists, many of whom had served in the Confederate Army. This meant that, despite Texas's secession from the Union in 1861, the same individuals who had advocated for secession were now in charge of constructing the state's path back into the Union.
Many Unionists who had been driven from the state during the war rejected the 1866 Constitution, arguing that former secessionists should be barred from holding office and participating in the political process. They appealed to the increasingly Radical Republican Congress in Washington, D.C., for redress, and their arguments gained traction when the first legislature elected under the 1866 Constitution passed laws that included the Black Codes. These laws restricted the social, political, and economic status of African Americans in Texas, demonstrating the continued influence of former secessionists and their regressive policies.
The 1866 Constitution's failure to adequately address the rights and status of African Americans in Texas was a significant source of criticism from Unionists. While it did abolish slavery and repudiate the war debt, it fell short of granting full political and social rights to formerly enslaved individuals. They were granted fundamental rights to their persons and property, as well as the right to sue and contract, but they were still denied the right to vote and hold public office.
Additionally, Unionists may have been dissatisfied with the 1866 Constitution's provisions for the governor's powers. The 1869 Constitution granted the governor the authority to appoint major state officers and judges (with Senate consent), whereas the 1866 Constitution maintained an elective judiciary. This aspect of the 1866 Constitution may have been viewed as a missed opportunity to suppress ex-Confederate influence in local courts and enforce uniform justice.
Furthermore, the 1866 Constitution's close referendum vote, with 28,119 in favour and 23,400 against, indicated widespread unhappiness with certain provisions, such as the salary increases for state officers. This dissatisfaction extended beyond Unionists and reflected a broader concern among Texans about the direction their state was taking in the aftermath of the Civil War.
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It was superseded by the 1869 Constitution
The Texas Constitution of 1866 was ratified in a close referendum vote of 28,119 to 23,400. However, due to dissatisfaction with the leniency of Texas's Reconstruction policies, further changes were required, leading to the Constitution of 1869. The Constitution of 1866 was dominated by former secessionists, and the resulting Black Codes limited the rights of African Americans in Texas. This prompted Republicans in Congress to intervene, dismissing most state officials elected under the 1866 Constitution and calling for a new constitutional convention in 1868, from which former secessionists were banned.
The Constitutional Convention of 1868-1869 was controlled by Moderate and Radical Republicans, and their constitution reflected their Unionism and acceptance of Congressional Reconstruction. The legitimacy of the 1869 Constitution was disputed due to the unusual process by which it was created. Federal military officers ordered the work of the convention to be edited and published as the final constitution.
The 1869 Constitution included a proviso that forbade granting public domain to anyone other than an actual settler, specifically preventing the legislature from granting land to railroad or other corporations. It also provided explicit directions for the state's public school system, including funding. The 1869 Constitution abandoned the concept of state rights and accepted a more nationalistic view, acknowledging the supremacy of the US Constitution in matters of law. It also embraced the demands of the Fourteenth and Fifteenth Amendments to the US Constitution relative to citizenship and voting rights.
The centralizing tendencies and abandonment of state rights in the 1869 Constitution prompted significant opposition, which ultimately led to the writing of a new constitution in 1876.
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Frequently asked questions
The Texas Constitution of 1866 was a temporary constitution that was adopted after the Civil War to abolish slavery and grant civil rights to African Americans.
The Texas Constitution of 1866 was replaced because it was dominated by former secessionists, excluded African Americans and women from citizenship rights, and was not considered radical enough by Republicans in Congress.
The main issue with the Texas Constitution of 1866 was that it was dominated by former secessionists, many of whom had held commissions in the Confederate army. This led to the passage of laws that limited the rights of African Americans in Texas.
After the Texas Constitution of 1866 was replaced by the Constitution of 1869, there was a shift towards greater centralized control over issues of law and order, and the qualifications for office-holding in the state were changed to make it easier for newcomers to obtain office.
