Omar Bennett
The Texas Constitution of 1869 was the sixth in the state's history and was drafted during a time of tumult following the American Civil War. The document was heavily influenced by national forces and was subordinate to the national authority, accepting the theory that the government of the United States was the ultimate source of sovereignty. The 1869 Constitution expanded civil rights protections for formerly enslaved people, included more forceful language against secession, and centralized power in the state government. It also included specific restrictions on the use of state resources to support private corporations, such as railroads. The 1869 Constitution was controversial, and its more radical provisions were not accepted by many Texans, leading to the writing of a new constitution in 1876.
| Characteristics | Values |
|---|---|
| Date of adoption | February 15, 1876 |
| Position in Texas history | Seventh constitution |
| Framing | In harmony with the national constitution and in subordination to it |
| Sovereignty | Acknowledged the supremacy of the Constitution of the United States in matters of law |
| Citizenship | Embraced the demands of the Fourteenth and Fifteenth Amendments to the United States Constitution relative to citizenship and voting rights |
| Civil rights protections | Expanded civil rights protections for formerly enslaved people |
| Centralization of power | Centralized power in the state government |
| State rights | Abandoned the concept of state rights |
| Nationalism | Accepted a more nationalistic view of the body politic |
| State government role | Proposed a more active role for state government in supporting the economic and social development of the state |
| Land grants | Included a proviso that forbade the granting of the public domain to anyone other than an actual settler |
| Railroad companies | Prevented the legislature from making further grants to railroad or other corporations |
| School system | Provided explicit directions regarding what the public school system should look like and how to fund it |
| Voter registration | Imposed voter registration |
| Suffrage | Provided for some civil rights for freedmen (though not the right to vote or hold office) |
| Secession | Contained more forceful language against secession |
| Racial equality | Contributed to limiting Black equality, education, and suffrage |
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What You'll Learn
The constitution was a shift in Texas governance
The 1869 Texas Constitution marked a significant shift in the state's governance, reflecting the political and social changes that had occurred during the post-Civil War era. This new constitution was crafted during Texas' Reconstruction period, when the state was under federal military rule and sought to redefine the state's political landscape.
One of the key shifts in Texas governance pertained to the expansion of suffrage and a more democratic approach to elections. The 1869 Constitution granted voting rights to African American men for the first time, a major departure from the pre-war era when slavery was still legal. This expansion of voting rights significantly altered the state's political dynamics and represented a move towards a more inclusive democracy. Additionally, the constitution provided for the popular election of state senators, a power previously vested in the Texas Legislature. This change brought the Senate closer to the people and made it more responsive to the will of Texas citizens.
The document also brought about a shift in the balance of power between the different branches of government. It weakened the governor's power by reducing their term to two years and limiting their ability to appoint state officials. Instead, it strengthened the legislature by giving it more control over state finances and the power to impeach officials. This shift in power dynamics was designed to prevent the concentration of power in the executive branch and to promote a system of checks and balances.
Furthermore, the 1869 Constitution reflected a shift towards a more centralized form of governance. It abolished the system of county courts that had previously held significant power and replaced them with a uniform system of justice administered by district courts. This change streamlined the judicial system and brought it more firmly under state control. The constitution also provided for a more efficient system of taxation, giving the legislature the power to impose taxes and ensuring a more consistent approach to revenue generation.
In conclusion, the 1869 Texas Constitution represented a significant departure from previous forms of governance in the state. It reflected the political and social changes brought about by the Civil War and Reconstruction, expanding suffrage, rebalancing governmental powers, and centralizing certain aspects of governance. This constitution laid the foundation for a more democratic, responsive, and efficient system of government in Texas, shaping the state's political landscape for years to come.
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It expanded civil rights for formerly enslaved people
The Constitution of 1869 was a significant shift in Texas governance, with an emphasis on expanding civil rights for formerly enslaved people. This constitution was drafted by delegates who met under the supervision of the U.S. military during Congressional Reconstruction, and it played a crucial role in shaping the rights of the people of Texas, particularly those who had been previously marginalised.
One of the most notable aspects of the 1869 Constitution was its explicit acknowledgment of the U.S. Constitution as the supreme law of the land. This was a marked departure from earlier Texas constitutions, which emphasised state sovereignty. By recognising the supremacy of the U.S. Constitution, the new document provided a legal framework that supported the expansion of civil rights, particularly for African Americans.
The 1869 Constitution defined the electorate as "every male person" 21 years or older, who was a U.S. citizen or in the process of becoming one, and a resident of Texas for at least one year. Importantly, this definition did not make any distinction based on race, colour, or previous condition, such as being a former slave. This was a significant expansion of voting rights, as the previous Constitution of 1866 had excluded African Americans and women from citizenship rights.
The Radical Republicans, led by Union Army veteran Edmund J. Davis and Morgan C. Hamilton, played a pivotal role in pushing for more expansive rights for Black Texans. They advocated for a stronger alignment with federal policies and sought to enforce civil rights and defend the emerging interracial democracy in Texas. Governor Davis took decisive action to uphold Black voting rights, despite facing fierce opposition and accusations of election fraud and abuse of power from Democrats.
In addition to expanding voting rights, the 1869 Constitution also centralised power in the state government. This centralisation enabled Governor Davis to pursue an ambitious reform agenda. One notable example was the creation of the Texas State Police, an integrated police force established to combat lawlessness and violence perpetrated by groups like the Ku Klux Klan. This reflected a broader shift towards a more active role for the state government in promoting economic and social development, including education and immigration.
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It centralised power in the state government
The Constitution of 1869 was drafted by a convention of Moderate and Radical Republicans meeting under the supervision of the U.S. military during Congressional Reconstruction. It was produced as a condition of Texas rejoining the Union and was framed in harmony with the national constitution and in subordination to it. The new constitution acknowledged the supremacy of the U.S. Constitution in matters of law and could only be changed with the consent of the national government.
The 1869 Constitution centralised power in the state government to help enforce federal Reconstruction policies. It proposed a more active role for the state government in supporting the economic and social development of the state through the gift of lands, education, and the promotion of immigration. It also included explicit directions for the development of a public school system, including how it should be funded.
The 1869 Constitution also expanded civil rights protections for formerly enslaved people. It embraced an abandonment of the concept of state rights and accepted a more nationalistic view of the body politic. It defined the electorate as consisting of all male citizens twenty-one years of age or older, without distinction of race, colour, or former condition.
The centralising tendencies of the 1869 Constitution prompted significant opposition throughout its existence. This opposition ultimately led to the writing of a new constitution in 1876.
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It acknowledged the supremacy of the US Constitution
The Constitution of 1869 acknowledged the supremacy of the US Constitution, marking a shift in Texas governance and a departure from the concept of state rights. This shift towards a more nationalistic outlook is reflected in the constitution's subordination to national authority and its recognition of the US Constitution as the ultimate source of sovereignty in legal matters.
This acknowledgment of federal supremacy was a requirement for Texas's readmission to the Union, as the state had to guarantee the right to vote for African American men and accept the supremacy of federal law. The 1869 Constitution also centralized power in the state government, aiding in the enforcement of federal Reconstruction policies. It expanded civil rights protections for formerly enslaved individuals, marking a significant departure from the previous constitution, which had excluded African Americans from citizenship rights.
The 1869 Constitution also included specific provisions to support economic and social development in Texas. It directed revenues from state lands and general taxation towards creating and maintaining a public school system, addressing issues with previous constitutions that had allowed funds to be diverted to support railroads and corporate development. Additionally, it included a proviso that prevented the granting of public domain to anyone other than actual settlers, ensuring that land was used for its intended purpose.
The acceptance of federal supremacy and the expansion of civil rights protections for African Americans in the 1869 Constitution sparked intense opposition from conservative Texans, particularly former Confederates. This opposition ultimately led to the writing of a new constitution in 1876, which backed away from the strong affirmation of US supremacy. Despite this, federal law remained nominally acknowledged as supreme, and the 15th Amendment's prohibition on denying the vote based on race was maintained.
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It was unpopular with White Texans
The Texas Constitution of 1869 was unpopular with White Texans for several reasons. Firstly, it was crafted during the Reconstruction period following the Civil War, and many Texans believed it imposed excessive taxation and central control, with taxes supporting statewide education and law enforcement. These initiatives were seen as unfairly burdening local governance. There was also opposition to the constitution's abandonment of the concept of state rights and its acceptance of a more nationalistic view of the body politic. The constitution's centralizing tendencies, including the restriction on the use of state resources to support private corporations like railroads, prompted significant opposition.
Another reason for the unpopularity of the 1869 Constitution with White Texans was its expansion of civil rights protections for formerly enslaved people. Although these provisions were aimed at ensuring rights for African Americans, they met strong resistance from White Texans who sought to maintain the status quo and the previous exclusion of African Americans from citizenship rights. The 1869 Constitution also included significant changes in the qualifications for office-holding in the state, making it easier for newcomers to obtain office, which may have been unpopular with some established groups.
The 1869 Constitution also showed a trend toward greater centralized control over issues of law and order compared to previous constitutions. For example, it made judges appointees of the governor rather than elected officials, and it reduced the term in office for members of the Supreme Court. Additionally, it included a proviso that forbade granting the public domain to anyone other than an actual settler, specifically preventing the legislature from making further grants to railroad or other corporations. This may have been unpopular with those who benefited from the previous system, such as railroad companies and other private corporations.
Overall, the Texas Constitution of 1869 was unpopular with White Texans due to its perceived imposition of excessive taxation and central control, its expansion of civil rights protections for formerly enslaved people, its changes to office-holding qualifications, and its centralizing tendencies, including restrictions on the use of state resources. These factors led to widespread opposition and ultimately resulted in the writing of a new constitution in 1876.
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Frequently asked questions
The 1869 Texas Constitution was written to expand civil rights protections for formerly enslaved people and to centralize power in the state government to enforce federal Reconstruction policies.
The 1869 Texas Constitution included a proviso that forbade granting public land to anyone other than actual settlers, specifically preventing the legislature from granting land to railroad or other corporations. It also provided explicit directions for the public school system, outlining how it should be funded. The document also embraced a more nationalistic view of the body politic, with an abandonment of the concept of state rights.
The 1869 Texas Constitution was considered more radical than previous constitutions, with a shift towards centralization and specific restrictions on the use of state resources to support private corporations. It also included more forceful language against secession and greater protections for freedmen.
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