Simone Lawson
The 1869 Texas Constitution was a product of the turbulent post-Civil War era, marking a significant shift in the state's governance. This constitution, driven by Radical Republican ideals, strengthened the governor's powers, notably removing term limits. The election of 1869, held under federal military supervision, saw Edmund J. Davis narrowly defeat former governor Andrew J. Hamilton. Davis, a Radical Republican, presided over the convention that drafted the constitution and became the first governor to serve under it, from 1870 to 1874.
| Characteristics | Values |
|---|---|
| Name | Edmund J. Davis |
| Party | Republican |
| Term | 4 years |
| Age | 42 |
| Powers | Sweeping powers to reshape the state, including unprecedented centralized power |
| Election | Won by about 800 votes |
| Opponent | Andrew J. Hamilton |
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What You'll Learn
- Governor Edmund J. Davis was the first under the 1869 Constitution
- The 1869 Constitution removed term limits for Texas governors
- The 1869 election was turbulent, with military favouritism for Davis
- The 1869 Constitution strengthened the powers of the governor
- The 1869 Constitution abandoned the concept of state rights
Governor Edmund J. Davis was the first under the 1869 Constitution
After the Civil War, Texas entered a turbulent period of Reconstruction (1865–1874) under federal oversight. During this time, Texas was compelled to rewrite its governing charter to extend rights to formerly enslaved people and reshape political power. This led to the creation of the Texas Constitution of 1869, a document that reflected the ideals of the Radical Republicans. The Reconstruction Constitution of 1869 was a significant shift from previous Texas constitutions, with its centralization of authority and abandonment of the concept of state rights.
Governor Edmund J. Davis was the first governor under the 1869 Constitution. A Florida-born Texan, Davis had remained loyal to the Union during the Civil War, raising a regiment of Unionist Texas cavalry. As a leader of the Radical Republicans in Texas, he presided over the 1868–69 convention before becoming governor at the age of 42. Davis took office in early 1870, and his term lasted until 1874.
The 1869 Constitution strengthened the powers of the governor relative to previous Texas constitutions. It removed the limit on terms, allowing governors to serve an unlimited number of four-year terms. Under Governor Davis, the state government wielded unprecedented centralized power. He aggressively enforced civil rights and defended the new interracial democracy in Texas. With legislative approval, he created the Texas State Police, a statewide integrated police force to combat lawlessness and Ku Klux Klan violence.
The 1869 Constitution also made significant changes to the judicial department, with all judges becoming appointees of the governor. It reduced the term in office for members of the Supreme Court to nine years and kept the term for district judges at eight years. Additionally, the number of justices on the Supreme Court was reduced from five to three.
The Reconstruction-era Constitution of 1869 played a pivotal role in reshaping Texas governance and political identity. It extended rights to Black Texans, outlawing slavery and involuntary servitude, except as criminal punishment. It also incorporated the 14th Amendment's equal protection principles, pledging "the great principles of liberty and equality" for all. However, the centralizing tendencies and specific restrictions on the use of state resources prompted significant opposition, ultimately leading to the writing of a new constitution in 1876.
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The 1869 Constitution removed term limits for Texas governors
The 1869 Texas Constitution was a Reconstruction-era document that reflected the ideals of Unionism and a more nationalistic view of the body politic. It was created after the Civil War, during a period of federal oversight, and was designed to extend rights to formerly enslaved people and reshape political power. One of the most significant changes it introduced was the removal of term limits for Texas governors.
Prior to the 1869 Constitution, Texas had several different term limits for its governors. The state's first constitution in 1845 established a two-year term limit, with a maximum of four years out of every six, effectively limiting governors to no more than two consecutive terms. The 1861 constitution maintained the two-year term but changed the start date to the first Monday in November following the election. The 1866 constitution, adopted after the Civil War, increased the term to four years, with a maximum of eight years out of every 12, and moved the start date to the first Thursday after the organisation of the legislature.
The 1869 Constitution removed these term limits entirely, allowing governors to serve for as long as they were elected by the people. This change was part of a broader trend in the 1869 Constitution towards centralising power in the governor's office and strengthening their authority relative to previous Texas constitutions. The document also reduced the residency requirement for governors from six years to three years and granted the governor the power to appoint a Secretary of State and other key positions.
The first governor to serve under the 1869 Constitution was Edmund J. Davis, a Florida-born Texan who had remained loyal to the Union during the Civil War. He took office in early 1870 and served until 1874. During his term, Davis pursued an ambitious reform agenda, using the centralised power granted to him by the 1869 Constitution to enforce civil rights and defend interracial democracy in Texas. He created the Texas State Police to combat lawlessness and violence perpetrated by the Ku Klux Klan.
However, the centralised authority of the 1869 Constitution and Davis's administration proved controversial. In 1876, a new constitution was adopted, which significantly curtailed the governor's powers and returned control of the judiciary to local voters. This shift reflected a "Redeemer" backlash against centralised authority and activist government, and it marked a return to more limited government and decentralised power in Texas.
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The 1869 election was turbulent, with military favouritism for Davis
The 1869 Texas gubernatorial election was held to elect the governor of Texas. The election was one of the most turbulent and controversial in Texas history, with the incumbent Governor Elisha M. Pease, who had been appointed by military governor Philip Sheridan, choosing not to run for re-election. The election was held under federal military supervision, with troops stationed at the polls, and many polling places were either not opened or ordered closed.
The election was marked by favouritism by the military for candidate Edmund J. Davis, a Florida-born Texan and leader of the Radical Republicans in Texas, over his opponent, former Governor Andrew J. Hamilton. Governor Pease, who supported Hamilton, resigned on September 30, 1869, due to the interference of General J.J. Reynolds, who secured the election for Davis. General Reynolds ordered the creation of a new voter registration list, which eliminated many of those who had qualified in 1867, and the presence of troops at the polls likely prevented many Democrats from voting.
Davis won the election by a narrow margin of about 800 votes, and he was inaugurated as governor on April 28, 1870, beginning a four-year term. The 1869 Constitution gave the governor power to appoint more than 9,000 offices, and Davis pursued an ambitious reform agenda during his term, including the creation of the Texas State Police to combat lawlessness and Ku Klux Klan violence. However, his administration faced widespread resistance, particularly from conservative Texans who opposed his policies and viewed them as oppressive.
Davis's firm enforcement of Black voting rights and the presence of Black legislators in the capitol further inflamed White Supremacist backlash, and there were charges of election fraud and abuse of power. By 1873, many white Texans were determined to end what they saw as a "radical" regime, and Davis lost the gubernatorial election that year to Democrat Richard Coke, marking the end of Republican Reconstruction governance in Texas.
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The 1869 Constitution strengthened the powers of the governor
The Texas Constitution of 1869 was a product of the Reconstruction era following the Civil War. During this period, Texas was under federal oversight and was compelled to rewrite its governing charter to extend rights to formerly enslaved people and reshape political power. The resulting constitution was a departure from previous state charters, reflecting the ideals of Unionism and a more nationalistic view of governance.
One of the key features of the 1869 Constitution was its expansion of the governor's powers. The document's centralization of authority marked a shift from the previous emphasis on state rights. While the provisions for the governor's term and age remained unchanged from earlier constitutions, the residency requirement was reduced from six to three years. This made it easier for newcomers to assume office.
The 1869 Constitution granted the governor wide-ranging appointment powers, including the ability to appoint judges and other key officials. The governor's authority extended to the Secretary of State and Attorney General, while other executive offices remained elective. Notably, the governor was empowered to suspend habeas corpus in cases of rebellion or invasion, subject to legislative approval. This provision, coupled with broad militia powers, provided the governor with significant tools to address violent unrest.
The establishment of a statewide system of free public schools was also mandated by the 1869 Constitution, marking the first time it was included in Texas's governing charter. The document's emphasis on education reflected its vision for a more active role for the state government in promoting social development. Additionally, the governor was tasked with heading the Bureau of Immigration, which was responsible for promoting immigration to Texas.
The Texas Constitution of 1869, with its strengthened governor's powers, set the stage for the administration of Governor Edmund J. Davis. A Florida-born Texan and a leader of the Radical Republicans, Davis became the first governor under the new constitution. He took office in early 1870 and pursued an ambitious reform agenda. Davis's tenure was marked by his use of centralized power to enforce civil rights and defend interracial democracy in the state.
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The 1869 Constitution abandoned the concept of state rights
The Constitution of 1869, also known as the Reconstruction Constitution, was a shift in Texas governance. It abandoned the concept of state rights and accepted a more nationalistic view of the body politic. It acknowledged the supremacy of the Constitution of the United States in matters of law and embraced the Fourteenth and Fifteenth Amendments' demands regarding citizenship and voting rights. The 1869 Constitution defined the electorate as "every male person" 21 or older who was a U.S. citizen (or in the process of becoming one), resident in Texas for one year, without distinction of race or colour. This effectively enfranchised Black Texans, going beyond the 1866 Constitution, which had explicitly limited voting rights to white men.
The 1869 Constitution also incorporated the 14th Amendment's equal protection principles, pledging "the great principles of liberty and equality" for all. It outlawed slavery and involuntary servitude, except as criminal punishment. It also forbade any future "system of peonage" or importation of contract labourers (so-called "coolies"), to prevent the exploitation of workers in quasi-slavery conditions. The 1869 Constitution also included a proviso that forbade the granting of the public domain to anyone other than an actual settler, specifically preventing the legislature from making further grants to railroad or other corporations.
The 1869 Constitution proposed a more active role for the state government in supporting the economic and social development of the state through land grants, education, and the promotion of immigration. It showed a trend towards greater centralized control over issues of law and order, with the governor appointing all judges, who held their place with the advice and consent of the Senate and could be impeached. The Constitution also increased the term of senators from four to six years and reduced the residency requirement for governors from six to three years.
The centralization of authority under the 1869 Constitution enabled Governor Edmund J. Davis, a Texan Unionist, to pursue an ambitious reform agenda during his term (1870-1874). Davis moved aggressively to enforce civil rights and defend the new interracial democracy in Texas, creating the Texas State Police, a statewide integrated police force to combat lawlessness and Ku Klux Klan violence. However, the 1869 Constitution's centralizing tendencies and abandonment of state rights prompted significant opposition, leading to the writing of a new constitution in 1876.
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Frequently asked questions
Edmund J. Davis, a Radical Republican, served as governor under the 1869 Texas Constitution.
The 1869 Texas Constitution was drafted by a combination of Moderate and Radical Republicans. It reflected their Unionism, acceptance of Congressional Reconstruction, and vision of a different Texas from that existing prior to Reconstruction. It also strengthened the powers of the governor relative to previous Texas constitutions.
Edmund J. Davis defeated former governor Andrew J. Hamilton by a narrow margin of about 800 votes.
