Omar Bennett
The Texas Constitution has gone through several iterations since the first version was adopted in 1845. The Reconstruction Constitution of 1869, also known as the Carpetbagger's Constitution, was drafted by a coalition of moderate and radical Unionists and included ten African-American delegates, marking the first time in Texas history that Black men participated in constitution-making. This version of the constitution guaranteed voting rights to Black men, incorporated the 14th Amendment's equal protection principles, and outlawed slavery and involuntary servitude.
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What You'll Learn
The Reconstruction Constitution
The Reconstruction Acts established military rule over the Southern states until new governments could be formed. They also limited some former Confederate officials and military officers' rights to vote and hold public office, though these provisions were temporary. The Acts gave former male slaves the right to vote and hold public office, and Black delegates actively participated in revising state constitutions.
Congressional Republicans, keen to protect freedmen and restructure political relations in the South, passed the Civil Rights Act of 1866. This was the first federal attempt to constitutionally define all American-born residents (excluding Native Americans) as citizens. The Fourteenth Amendment, developed concurrently with the Civil Rights Act, granted citizenship and protected citizens from discriminatory state laws.
The Reconstruction era is credited with restoring the federal Union, limiting reprisals against the South, and establishing a legal framework for racial equality. However, it has also been criticised for failing to prevent violence, corruption, starvation, and disease, and for not adequately addressing the rights of freed slaves or holding former slaveholders accountable.
The conventional end of Reconstruction is considered to be 1877, with the reduction of federal troops in regional politics. However, some historians propose later dates, such as 1890 or even 1920, when the Nineteenth Amendment was ratified, affirming the right of women to vote.
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Drafted in 1869
The Texas Constitution of 1869, also known as the Reconstruction Constitution or the "Carpetbagger's Constitution", was drafted during a period of significant political change and upheaval in the state. Texas, which had joined the Union in 1845, was still reeling from the Civil War and the abolition of slavery.
In 1867, the U.S. Army began registering voters, including thousands of freedmen, and preparing for an election to convene a constitutional convention. This process was met with fierce opposition from conservative Texans, who resisted the inclusion of Black men in the political process. Despite this resistance, a convention was called in compliance with federal law, and on June 1, 1868, ninety delegates, including ten African-American delegates, assembled in Austin to draft a new constitution.
The convention was dominated by Republicans, and the participation of Black leaders like George T. Ruby of Galveston marked a historic first for Texas. The resulting document, drafted by a coalition of moderate and radical Unionists, reflected a nationalist and reformist agenda. It explicitly acknowledged the United States in its first article and guaranteed voting rights to Black men, a significant expansion of suffrage beyond the 1866 constitution, which had limited voting to white men.
The 1869 Constitution also incorporated the 14th Amendment's equal protection principles, outlawing slavery and involuntary servitude (except as criminal punishment) and forbidding any future "system of peonage" or importation of contract laborers to prevent worker exploitation. These sweeping changes to Texas governance and law were introduced during a period of Reconstruction, earning it the moniker "Reconstruction Constitution".
However, the adoption of the 1869 Constitution was not without controversy. General J. J. Reynolds, the military commander in Texas, intervened to ensure the document's publication and submission to voters, even though it lacked the full support of Texas delegates. This intervention reflected the federal government's determination to enforce Reconstruction policies and marked a significant shift in Texas's political landscape.
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Enfranchisement of Black Texans
The Reconstruction Constitution of Texas, also known as the "carpetbagger's constitution", was adopted in 1866, a year after emancipation was announced in the state. The Reconstruction Constitution abolished slavery and was short-lived, soon overturned by the Reconstruction Acts of the US Congress.
Despite emancipation, Black Texans continued to face violence and oppression, and their political rights were withheld by the newly formed government. An all-white constitutional convention in 1866 refused to grant suffrage to Black people, and the legislature refused to ratify the Fourteenth Amendment, instead passing Black Codes that severely restricted the rights of freed Black people. These codes prohibited voting, holding office, serving on juries, and interracial marriage.
In response to these actions, the Republican-dominated Congress passed a series of statutes, including one to enfranchise Black males. However, Black Texans continued to face legal and political challenges, including violent intimidation and restrictive voting laws. By 1906, African Americans were no longer a significant force in most elections.
During this time, Black Texans sought to advance their rights through various institutions, including the National Association for the Advancement of Colored People (NAACP), established in 1910, as well as Black civic, political, religious, business, and professional groups, interracial groups, and the urban Black press. Despite these efforts, their political influence continued to diminish, and by the 1930s, a major upswing in Black Texans' involvement in the NAACP occurred.
It wasn't until the Constitutional Convention of 1875 that Black Texans were able to make some political gains, although violence and intimidation against them continued. Despite these challenges, Black Texans persevered and made significant contributions to the state, creating culture and community despite the racism and oppression they faced.
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Nationalist and reformist
The Texas Constitution of 1869, also known as the Reconstruction Constitution, was drafted by a coalition of moderate and radical Unionists. It was the most nationalist and reformist Texas had ever seen, introducing sweeping changes to Texas governance and law.
The 1869 Constitution was drafted by ninety delegates, including ten African-American delegates, marking the first time in Texas history that Black men participated in constitution-making. This was a direct result of federal requirements and Black voter mobilization, with nearly 40,000 Black Texans voting in favour. The new constitution guaranteed voting rights to Black men, defining the electorate as "every male person" 21 or older who was a U.S. citizen (or in the process), a Texas resident for one year, without any racial distinction. This effectively enfranchised Black Texans and went beyond the 1866 Constitution, which had limited voting rights to white men.
The 1869 Constitution also incorporated the 14th Amendment's equal protection principles, outlawing slavery and involuntary servitude, except as criminal punishment. It further prevented the exploitation of workers by forbidding any future "system of peonage" or importation of contract labourers. These changes reflected the aspirations of centralization and reform, moving away from the traditional southern culture reflected in the 1845 Constitution.
The nationalist and reformist nature of the 1869 Constitution was further emphasized by its explicit acknowledgement of the United States in its very first article. This shift towards nationalism and reform was short-lived, however, as the 1869 Constitution was soon overturned by the Reconstruction acts of the U.S. Congress.
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A charter that requires constant amendment
The Texas Constitution of 1876 has been amended so many times that it is considered one of the longest and most amended constitutions in the country. This is because the Redemption generation embedded numerous constraints that were reactions to Reconstruction, creating a charter that required constant amendments to adapt to new realities.
The Reconstruction Constitution, also known as the "Carpetbagger's Constitution", was drafted in 1869 by a convention dominated by Republicans and included ten African-American delegates out of ninety, among them prominent Black leaders like George T. Ruby of Galveston. This marked the first time in Texas history that Black men participated in constitution-making, directly resulting from federal requirements and Black voter mobilization. The 1869 Constitution introduced sweeping changes to Texas governance and law, guaranteeing voting rights to Black men and effectively enfranchising Black Texans. It also incorporated the 14th Amendment's equal protection principles, outlawing slavery and involuntary servitude except as criminal punishment.
The 1876 Constitution, however, reflected the traditional southern culture. Women were granted property rights equal to those of men, and a person's homestead was protected from forced sale to pay debts. It provided for limited executive authority, biennial sessions of the legislature, and two-year terms for most officials. Many of these features were also included in the 1869 Reconstruction Constitution.
Efforts to overhaul the 1876 Constitution have failed, leaving Texas with a patchwork but still recognizable 1876-based constitution. The spirit of 1876 – cautious, anti-authoritarian, and localist – continues to influence Texas governance.
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Frequently asked questions
The Texas Constitution of 1869 is also known as the "carpetbagger's constitution".
The 1869 Constitution was drafted by a coalition of moderate and radical Unionists and was the most nationalist and reform-oriented constitution Texas had seen up to that point. It guaranteed voting rights to Black men and incorporated the 14th Amendment's equal protection principles.
The 1869 Constitution introduced sweeping changes to Texas governance and law. It was born in controversy, with some Texans opposed to the enfranchisement of Black men. It was also the first Texas Constitution to be drafted with the participation of Black men.
