Eleanor Finch
The Constitution of 1869 was drafted by a combination of Moderate and Radical Republicans, and it reflected their Unionism and acceptance of Congressional Reconstruction. The document was highly controversial, and many Texans did not accept its more radical provisions. One of the most radical aspects of the Constitution was its statement in the Bill of Rights on the legal foundation of the document. The Constitution of 1869 also showed a trend toward greater centralized control over issues of law and order than found in previous constitutions. It was created under pressure from Washington and the Radical Republicans, and it decentralized political power and weakened public institutions.
| Characteristics | Values |
|---|---|
| Created under pressure from Washington and the Radical Republicans | The Radical Republicans controlled the convention and produced a constitution that reflected their Unionism and acceptance of Congressional Reconstruction |
| Decentralized political power and weakened public institutions | The document was controversial and not accepted by a large number of Texans |
| Submission to the national government | The constitution acknowledged the supremacy of the Constitution of the United States in matters of law |
| Changes in qualifications for office-holding | The new constitution made it easier for newcomers to obtain office by reducing the number of years of residency required and requiring legislators to be registered voters |
| Changes in the Judicial Department | The constitution showed a trend toward greater centralized control over issues of law and order, with judges now being appointees of the governor |
| Changes in the Bill of Rights | The 1869 constitution included a statement in the Bill of Rights on the legal foundation of the document, which was markedly different from the previous constitution |
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What You'll Learn
It was created under pressure from Radical Republicans and Washington
The Constitution of 1869 was drafted under pressure from Radical Republicans and Washington. The Radical Republicans, a faction of the party that advocated for the emancipation of slaves, took control of the U.S. Congress and required states to draft new constitutions. The 1869 Constitution was produced by the Constitutional Convention of 1868-1869, which was controlled by a combination of Moderate and Radical Republicans. Their influence resulted in a constitution that reflected their Unionism, acceptance of Congressional Reconstruction, and a vision for Texas that differed from pre-Reconstruction Texas.
The 1869 Constitution was also shaped by pressure from Washington. The previous Constitution of 1866 did not satisfy the Radical Republicans in Washington, who were in charge of Reconstruction in the South. They sought more extensive changes, which resulted in the calling of the 1868 Constitutional Convention. The 1869 Constitution was, therefore, a product of pressures from both Radical Republicans within Texas and those in Washington.
The influence of the Radical Republicans and Washington on the 1869 Constitution resulted in several significant changes. One notable change was the inclusion of all male citizens aged 21 and above in the electorate, regardless of race. This marked a shift from the 1866 Constitution, which excluded African Americans and women from citizenship rights. The 1869 Constitution also made changes to the qualifications for office-holding, making it easier for newcomers to obtain office by reducing residency requirements and adding a voter registration requirement.
Additionally, the 1869 Constitution showed a trend toward greater centralized control over law and order. It made judges appointees of the governor, although they could be impeached and held their positions with the advice and consent of the Senate. The number of justices on the Supreme Court was reduced from five to three, and the term in office for members was reduced from ten to nine years. These changes reflected a shift in power dynamics and a desire for greater control over the judicial system.
The 1869 Constitution also included attempts to control the labor system and abolish slavery, except as punishment for crime. Furthermore, it established an immigration bureau and made changes to the governor's powers, reducing their term of office and, in the 1876 Constitution, removing their ability to appoint a cabinet. These provisions were controversial and not accepted by many Texans, leading to the eventual undoing of the 1869 acts by Democrats who regained power in Texas by 1875.
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It decentralised political power
The Constitution of 1869 was drafted by a combination of Moderate and Radical Republicans at the Constitutional Convention of 1868-1869. The document was highly controversial, with many Texans rejecting its more radical provisions. One of the most notable aspects of the Constitution was its decentralisation of political power, which weakened public institutions. This was a significant departure from the Constitution of 1866, which had asserted basic state sovereignty and declared that political power was inherent in the people of the state.
The 1869 Constitution's decentralisation of power was evident in several ways. Firstly, it altered the qualifications for office-holding in the state, making it easier for newcomers to obtain office. The previous requirement for members of the Senate and House of Representatives to have resided in the state for five years was reduced to three years for senators and two years for representatives. Additionally, the new constitution required legislators to be registered voters, further expanding the pool of eligible candidates.
The 1869 Constitution also showed a trend towards greater centralised control over issues of law and order. It made judges of the Supreme and District Courts appointees of the governor, reducing the independence of the judiciary. The number of justices on the Supreme Court was also reduced from five to three, further concentrating power in the hands of a few individuals.
The document's decentralisation of power extended to the governor's office as well. While the governor's term remained at four years, the new constitution took away their power to appoint a cabinet, further eroding their authority. The constitution also increased the term of senators from four to six years, potentially creating a more stable but less responsive legislative body.
Overall, the Constitution of 1869's decentralisation of political power was a significant departure from the previous constitution and contributed to its controversial nature. It reflected the lack of faith in government that many delegates had formed during the Reconstruction years, leading to a slashing of official powers, salaries, and terms of office.
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It weakened public institutions
The Constitution of 1869 was drafted by a combination of Moderate and Radical Republicans and reflected their Unionism, acceptance of Congressional Reconstruction, and vision of a different Texas from that existing prior to Reconstruction. The document was controversial and was not accepted by a large number of Texans.
One of the reasons why many ordinary citizens disliked the Constitution of 1869 was that it weakened public institutions. The 1869 Constitution was a product of pressure from Washington and the Radical Republicans, and it was seen as illegitimate by many. It was also created under military orders, and only a minority of convention delegates approved it.
The Constitution of 1869 showed a trend toward greater centralized control over issues of law and order than previous constitutions. It made all judges appointees of the governor, although they held their place with the advice and consent of the Senate and could be impeached. The number of justices on the Supreme Court was reduced from five to three, and the term in office for members was reduced from ten to nine years.
The 1869 Constitution also made it easier for newcomers to obtain office. The requirements for members of the House of Representatives and senators to have lived in the state were reduced, and legislators now had to be registered voters. The term of senators was increased from four to six years.
Furthermore, the Constitution of 1869 slashed the power of officials, along with their salaries and terms of office. It also took away the governor's powers to appoint a cabinet, which was a significant change from the 1869 Constitution to the 1876 Constitution.
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It was only approved by a minority of convention delegates
The Constitution of 1869 was only approved by a minority of convention delegates. This was because it was created under pressure from Washington and the Radical Republicans, who had control of Reconstruction in the South. The 1866 Constitution did not go far enough for them, so another convention was called in 1868. The delegates adjourned without completing their work, but the provisions they did pass were bundled and submitted to an election. The resulting document was the Constitution of 1869, which remained controversial.
The 1869 Constitution was markedly different from its predecessor. It was a long, detailed, and incomplete document that reflected the Unionism and acceptance of Congressional Reconstruction of the Moderate and Radical Republicans who controlled its creation. It also showed a trend toward greater centralized control over law and order, with the governor appointing judges and justices, and the number of justices on the Supreme Court being reduced.
The 1869 Constitution also made changes to the qualifications for office-holding in the state, making it easier for newcomers to obtain office. The residency requirements for members of the House of Representatives and senators were reduced, and legislators were now required to be registered voters. The term of senators was increased from four to six years.
The Constitution of 1869 was also notable for its statement in the Bill of Rights on the legal foundation of the document. It acknowledged the supremacy of the US Constitution in matters of law and could only be changed with the consent of the national government. It also embraced the demands of the Fourteenth and Fifteenth Amendments to the US Constitution relative to citizenship and voting rights, defining the electorate as consisting of all male citizens over the age of 21, without distinction of race, colour, or former condition.
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It was seen as illegitimate
The Constitution of 1869 was seen as illegitimate by many ordinary citizens because it was created under pressure from Washington and the Radical Republicans. The document was produced by the Constitutional Convention of 1868-1869, which was controlled by a combination of Moderate and Radical Republicans. The constitution they produced reflected their Unionism and acceptance of Congressional Reconstruction.
The 1869 Constitution was also seen as illegitimate because it was only approved by a minority of convention delegates. It was a long, detailed, and incomplete constitution published under military orders and ratified by popular vote. The more radical provisions were not accepted by a large number of Texans, and by 1875, Reconstruction was winding down, and Democrats had regained power in Texas.
The Constitution of 1869 contained elements that were markedly different from the previous constitution. One of the most radical aspects was its statement in the Bill of Rights on the legal foundation of the document. The earlier constitution of 1866 had asserted basic state sovereignty, declaring that the document represented the extension of political power inherent in the people of the state. In contrast, the 1869 Constitution acknowledged the supremacy of the Constitution of the United States in matters of law and accepted that the government of the United States was the ultimate source of sovereignty.
The 1869 Constitution also included significant changes in the qualifications for office-holding in the state, making it easier for newcomers to obtain office. It reduced the residency requirements for members of the House of Representatives and senators and increased the term of senators from four to six years. Additionally, it made all judges appointees of the governor, showing a trend toward greater centralized control over issues of law and order. These changes, along with the constitution's attempt to impose controls on the labor system, likely contributed to the perception of illegitimacy among those who preferred the previous system.
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Frequently asked questions
The Constitution of 1869 was disliked by many ordinary citizens because they believed it was illegitimate, having been created under pressure from Washington and the Radical Republicans.
The Constitution of 1869 was a long, detailed, and incomplete constitution published under military orders and ratified by popular vote. It was produced by the Constitutional Convention of 1868-1869, which was controlled by Moderate and Radical Republicans.
The Constitution of 1869 showed a trend towards greater centralized control over issues of law and order than previous constitutions. It also included significant changes to the qualifications for office-holding in the state, making it easier for newcomers to obtain office.
The Constitution of 1869, like its predecessor, provided for a four-year term for the governor and required him to be thirty years of age. It also acknowledged the supremacy of the Constitution of the United States in matters of law.
