Texas Constitution: Slavery Legalization Explained

The Constitution of Texas, ratified in 1836, legalized slavery to protect the interests of slaveholders and settlers in the region. The Constitution's General Provisions ensured slavery's continuation by forbidding slave owners from freeing people without Congressional approval and preventing Congress from passing laws restricting the slave trade or emancipating slaves. This decision was influenced by the previous tensions with Mexico, which had abolished slavery in 1829, and the desire to maintain and expand the institution of slavery, which was integral to Texas's economy and society.

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Mexico's abolition of slavery

The Constitution of the Republic of Texas, ratified in 1836, legalized slavery and outlawed the settlement of free African Americans. This was largely due to Stephen F. Austin allowing Anglo settlers into Texas. The constitution also defined the status of enslaved people and people of color in the republic, with people of color becoming property and being excluded from the class of 'persons' with rights.

Mexico abolished slavery in 1829 with the Guerrero decree, which outlawed the practice throughout Mexican territories. This decision increased tensions with slaveholders among the Anglo-Americans. The Mexican federal and state governments had previously expressed disapproval of expanding slavery and had threatened to limit or abolish the institution. The 1827 Constitution of the State of Coahuila and Texas, for example, prohibited the introduction of new slaves and declared that all children born to slaves in the state would be free.

In 1830, Mexico made the importation of enslaved people illegal, and while this slowed Anglo-American immigration to the province, it did not stop the practice of slavery. To circumvent the law, Anglo-American colonists converted their enslaved people to indentured servants, sometimes without legally changing their status. Despite the abolition of slavery, Mexico continued to lose territory to the United States through the Mexican Cession, which fueled debates about the expansion of slavery in the lead-up to the American Civil War.

Some historians, such as Baumgartner, argue that Mexico only truly abolished slavery in 1837, after the Texas Revolution, as it was only then that Mexico could permanently abolish slavery and avoid compromises on the issue. The loss of Texas meant that Mexico could no longer be pressured to make exceptions to its abolition of slavery, as it had in 1829 when it granted an exception to Texas.

Anglo-American settlers' resistance

The legalization of slavery in the Texas Constitution was influenced by the resistance of Anglo-American settlers to Mexican efforts to abolish or restrict the practice. This resistance was a significant factor in the Texas Revolution, which began in October 1835. Here are four to six paragraphs detailing the Anglo-American settlers' resistance:

Resistance to Mexican Abolition of Slavery

The Mexican government officially abolished slavery in 1829, with the Guerrero decree, which applied to all Mexican territories, including Texas. This decision caused tension with Anglo-American slaveholders in Texas who had brought enslaved people with them when they settled in the region. In response to the abolition of slavery, Anglo-American colonists in Texas employed various tactics to circumvent the law. They converted their enslaved people into indentured servants with life terms or simply changed their status to indentured servants without legally altering their contracts.

Opposition to Mexican Rule

The growing population of Anglo-American settlers in Texas clashed with the Mexican government over political and cultural issues, including immigration policies and centralized power. The Mexican government's attempts to control immigration and enforce its laws in Texas were met with resistance from the Anglo-Texans, who sought to protect their agricultural and commercial interests. The Texas Revolution was fueled by these political and cultural disputes, as well as the desire of Anglo-Texans to maintain slavery.

Population Imbalance and Racial Tensions

The liberalization of immigration policies by the Mexican government, in the hopes of controlling Indigenous resistance, led to a significant increase in Anglo-American settlers in Texas. By 1834, there were approximately 30,000 Anglos in Coahuila y Tejas, far outnumbering the Mexican-born residents. Many of these immigrants were slave owners and held prejudices against other races, including the Tejanos, who were native-born Mexicans. This population imbalance and racial tension contributed to the tensions between the Anglo-American settlers and the Mexican government.

Economic Factors and Land Disputes

Anglo-Americans were attracted to Texas due to cheap land and speculative opportunities, quickly populating the frontier province. They pushed across the U.S.-Mexico border, encroaching on tribal lands and frequently clashing with Native American groups, such as the Comanche and Cherokee. The pressure from Anglo settlements during the 1820s and 1830s contributed to a volatile situation, with Native American groups allying with either the Mexicans or the Anglo settlers during the Texas Revolution.

Cultural Clash and Racial Stereotypes

The Texas Revolution has also been interpreted as a clash of cultures between Anglos and Mexicans, reinforcing racial stereotypes. Anglo-Texan settlers were viewed as morally superior and bringing democratic traditions, in contrast to the depiction of Mexicans as despotic and degenerate. This racialized narrative contributed to the resistance of Anglo-American settlers to Mexican rule and their desire to shape Texas according to their own cultural and economic interests, including the preservation of slavery.

The Texas Revolution

Slavery had existed in Texas under Spanish and later Mexican rule, but it was not a central pillar of the economy, and the Mexican government had a generally negative view of the practice. In 1829, Mexican President Vicente Guerrero issued a decree abolishing slavery throughout the Republic of Mexico. This decree caused concern among Anglo-American settlers in Texas, who relied on slave labour and feared that their interests were under threat. The decree was never fully implemented in Texas, but it did contribute to growing tensions between the Anglo-American settlers and the Mexican authorities.

The Federal Constitution of 1824 did not explicitly mention slavery, but the 1827 Constitution of the State of Coahuila and Texas, which included Texas, prohibited the further introduction of slaves and declared that all children born to slaves in the state would be free at birth. This caused alarm among Anglo-American settlers, who lobbied the state congress to protect their interests. Despite these efforts, the Mexican government continued to express opposition to slavery and threatened to limit or abolish it in Texas.

As a result of these tensions, slavery emerged as an underlying cause of the Texas Revolution. Texans feared that the Mexicans would emancipate their slaves or encourage servile insurrection. While it was not the immediate cause of the conflict, the issue of slavery was always present in the background. The Texas Revolution ultimately led to the creation of the Republic of Texas and the adoption of a new constitution in 1836.

The Constitution of the Republic of Texas explicitly legalized slavery and provided protections for slaveholders. Section 9 of the General Provisions of the Constitution forbade slave owners from freeing their slaves without congressional approval and prohibited Congress from passing any laws restricting the slave trade or emancipating slaves. It also defined the status of enslaved people and people of colour in the new republic. The legalization of slavery in the Texas Constitution solidified the importance of slavery in Texas and ensured its continuation even after independence from Mexico.

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The Constitution of the Republic of Texas

One of the primary reasons for the legalization of slavery in the Texas Constitution was the influence of Anglo-American settlers, including Stephen F. Austin, who allowed other Anglo settlers into the region. These settlers brought enslaved people with them and were determined to maintain slavery in Texas. The issue of slavery became a source of contention between the Anglo-Americans and the Mexican governors, who disapproved of expanding slavery and sought to limit or abolish it. In 1829, the Guerrero decree abolished slavery throughout Mexican territories, including the Republic of Mexico, alarming Anglo settlers in Texas. This decree, issued by President Vicente R. Guerrero, planted the seeds of revolution and led to increasing tensions with slaveholders among the Anglo-Americans.

The legalization of slavery in Texas had far-reaching consequences. It led to a rapid increase in the state's enslaved population, with most enslaved people brought by white families from the southern United States. The treatment of slaves varied across Texas, with legal categorization as chattel or movable property, but they were still men, women, and children who despised their condition. The long-term impact of slavery can be seen in the state's demographics, particularly in the eastern quarter, which has a significant African-American population due to its history of cotton production and dependence on slave labor.

After Texas gained independence, African Americans faced new legal constraints and violence. The Texas Legislature passed restrictive laws, including a banishment law that forced all free black people to leave the Republic of Texas. The state also adopted a system of legalized racial segregation and white supremacy, with segregated schools and poll taxes that limited voting rights for both black and poor white citizens. The legacy of slavery and these subsequent legal measures had a lasting impact on racial dynamics and social inequality in Texas.

The impact on African Americans

The Texas Constitution of 1836, also known as the Constitution of the Republic of Texas, solidified the importance of slavery in Texas from its founding. It gave more protection to slaveholders while further restricting the lives of enslaved people through new slave codes. The constitution made it illegal for slave owners to free enslaved people without the consent of Congress and forbade Congress from passing any law that restricted the slave trade or emancipated the enslaved. This led to a rapid increase in Texas' enslaved population, with the number growing from 30,000 in 1845 to 58,161 in 1850 and 182,566 by 1860. The majority of enslaved people in Texas were brought by white families from the southern United States.

The impact of the Texas Constitution of 1836 on African Americans was profound and long-lasting. It legalized slavery and defined the status of enslaved people of color as property, excluding them from the class of 'persons' with rights. Free persons of African descent were required to petition the Texas Congress for permission to remain in the country. This effectively outlawed the settlement of free African Americans in Texas. The constitution also allowed emigrants to bring their enslaved people into Texas without restriction. The combination of these factors solidified the institution of slavery in Texas and had a detrimental impact on the African American population, both enslaved and free.

After the American Civil War, Texas's newly freed African Americans faced significant challenges. The 1866 constitution did not allow them to hold public office or vote, and the state legislature refused to ratify the 13th Amendment (abolishing slavery) or the 14th Amendment (granting citizenship to African Americans). Texas's 1866 Constitutional Convention gave newly freed African American men some legal rights, such as the right to sue or be sued, to contract, and to acquire and transmit property. However, the struggle for freedom and equal rights continued, with African Americans facing violence and legal challenges to their disfranchisement.

It wasn't until the 1870s that Texas, under federal pressure, began to make more significant strides towards equality. In 1870, the 12th Texas Legislature approved the 14th and 15th Amendments to the U.S. Constitution, granting suffrage to adult male African Americans. In 1876, Texas adopted a new constitution requiring segregated schools but also imposing a poll tax that decreased the number of poor voters, both black and white. While this was a step forward in terms of educational access, it was also a step back in terms of voting rights for African Americans. By the late 19th century, Texas passed additional Jim Crow laws, further entrenching legalized racial segregation and white supremacy in the state.

The long-term effects of slavery and these post-Civil War developments can still be seen in Texas's demographics today. The eastern quarter of the state, heavily reliant on cotton production and slave labor during the Civil War, contains a significant portion of the state's African American population. In contrast, the western parts of Texas, with their history of ranching and association with the Southwest, have a smaller African American presence. The legacy of slavery and the subsequent struggle for civil rights for African Americans in Texas is a complex and ongoing story, with the state's African American population continuing to fight for equal rights and representation well into the 20th century and beyond.

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